Category: Volume 68, Issue 6
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Why Some Religious Accommodations for Mandatory Vaccinations Violate the Establishment Clause
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Hillel Y. Levin Volume 68, Issue 6, 1193-1242 All states require parents to inoculate their children against deadly diseases prior to enrolling them in public schools, but the vast majority of states also allow parents to opt out on religious grounds. This religious accommodation imposes potentially grave costs on the children of non-vaccinating…
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Bad Reliance in Public Law
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Michal Saliternik Volume 68, Issue 6, 1243-1290 When and how should courts protect individual reliance upon unlawful governmental acts? This question arises in various situations in all fields of public law. However, despite its pervasiveness, the problem of “bad reliance” has hardly drawn any scholarly attention. This Article sets out to fill this…
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Improving Services for Those Who Served: Practical Recommendations for the Department of Veterans Affairs’ Disability Benefits Model
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Scott W. Taylor Volume 68, Issue 6, 1291-1318 The mission of the U.S. Department of Veterans Affairs (“VA”) is “[t]o care for him who shall have borne the battle, and for his widow, and his orphan” by providing services and benefits to America’s veterans. As part of its mission, the VA administers a…
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Sex, Drones & Videotape: Rethinking Copyright’s Authorship-Fixation Conflation in the Age of Performance
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] John Tehranian Volume 68, Issue 6, 1319-1370 For more than two centuries, the Copyright Act has eschewed the task of defining authorship. However, with the decoupling of the act of creation from the act of fixation and the dramatic advance of technology, the issue of authorship has gained renewed relevance in recent years,…
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Big Data, Price Discrimination, and Antitrust
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Ramsi A. Woodcock Volume 68, Issue 6, 1371-1420 Antitrust law today guarantees a particular distribution of wealth between consumers and firms by promoting competition in some markets, but allowing firms to retain pricing power in other markets, such as those in which a firm has achieved power through oligopoly or by fielding a…
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The National Bank Act and the Demise of State Consumer Laws
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Angel Rzeslawski Volume 68, Issue 6, 1421-1440 Following the financial crises of 2008, the Dodd-Frank Act was signed into law to protect consumers from abusive financial services among other things. However, the Dodd-Frank Act has a non-retroactive effect on predatory lending practices that occurred before its enactment. Therefore, many consumers who entered into…
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Examining the Conditions of Confinement for Civil Detainees Under California’s Sexually Violent Predators Act
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Dana Sherman Volume 68, Issue 6, 1441-1460 “Civil detainees” under the Sexually Violent Predators Act include those persons who have already served their criminal sentences, but are still caged in prisons, awaiting court determination of whether or not they should be civilly committed to a state mental hospital. During this excruciatingly long waiting…