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Employment Practices Liability Insurance and Ex Post Moral Hazard
(Cornell Law Review, 2021)
Many businesses purchase Employment Practices Liability Insurance (EPLI), a form of insurance that protects them from claims of discrimination, harassment, retaliation, and wrongful termination. But critics of EPLI argue ...
Regulation and the Geography of Inequality
(Duke Law Journal, 2021)
We live in an era of widening geographic inequality. Around the country, the spread between economically and culturally thriving places and those that are struggling has been increasing. "Superstar" cities like New York, ...
Interstate Commerce in Cannabis
(Boston University Law Review, 2021)
A growing number of states have authorized firms to produce and sell cannabis within their borders, but not across state lines. Moreover, many of these legalization states have barred nonresidents from owning local cannabis ...
Police as Community Caretakers: Caniglia v. Strom
(Cato Supreme Court Review, 2021)
What is the proper role of the police? That question has been at the forefront of debates about policing for quite some time, but especially in the past year. One answer, spurred by countless news stories about black people ...
Classaction.gov
(2021)
This Essay proposes the creation of a federally run class action website and supporting administration (collectively, Classaction.gov) that would both operate a comprehensive research database on class actions and assume ...
No Exit: Ten Years of "Privacy vs. Speech" Post-SORRELL
(Washington University Journal of Law & Policy, 2021)
Privacy and free speech are often described as oppositional forces. This Essay analyzes First Amendment jurisprudence emphasizing the ten years after Sorrell vs. IMS Health was decided in 2011. In this Essay, Hans ...
Changing Counterspeech
(Cleveland State Law Review, 2021)
A cornerstone of First Amendment doctrine is that counterspeech - speech that responds to speech, including disfavored, unpopular, or offensive speech - is preferable to government censorship or speech regulation. The ...
Protecting Pregnancy
(Cornell Law Review, 2021)
Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the
state level, and federal legislation advanced ...
Direct-to-Consumer Genetic Testing: Prospective Users' Attitudes Toward Information About Ancestry and Biological Relationships
(PLoS One, 2021)
Direct-to-consumer genetic testing is marketed as a tool to uncover ancestry and kin. Recent studies of actual and potential users have demonstrated that individuals’ responses to the use of these tests for these purposes ...
Direct-to-Consumer Genetic Testing: Prospective Users' Attitudes Toward Information About Ancestry and Biological Relationships
(PLoS One, 2021)
Direct-to-consumer genetic testing is marketed as a tool to uncover ancestry and kin. Recent studies of actual and potential users have demonstrated that individuals’ responses to the use of these tests for these purposes ...