Category: Volume 67, Issue 6
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Apple Pay, Bitcoin, and Consumers: The ABCs of Future Public Payments Law
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Mark Edwin Burge Volume 67, Issue 6, 1493-550 As technology rolls out ongoing and competing streams of payments innovation, exemplified by Apple Pay (mobile payments) and Bitcoin (cryptocurrency), the law governing these payments appears hopelessly behind the curve. The patchwork of state, federal, and private legal rules seems more worthy of condemnation than…
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An “Act of God”? Rethinking Contractual Impracticability in an Era of Anthropogenic Climate Change
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Myanna Dellinger Volume 67, Issue 6, 1551-620 “Extreme” weather has become the new normal. Previously considered to be inexplicable and unpredictable “acts of God,” such weather can no longer reasonably be said to be so. They are acts of man. The current doctrine of contractual impracticability rests on the notion that a party…
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Preventing Opioid Misuse with Prescription Drug Monitoring Programs: A Framework for Evaluating the Success of State Public Health Laws
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Rebecca L. Haffajee Volume 67, Issue 6, 1621-94 he United States is in the midst of a prescription opioid overdose and misuse epidemic. Although many factors have contributed to the escalation of prescription painkiller misuse, it parallels increases in the supply and prescribing of opioids. Prominent state-level regulatory interventions, such as the establishment…
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Miranda Overseas: The Law of Coerced Confessions Abroad
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] David Keenan Volume 67, Issue 6, 1695-732 In recent years, Article III courts have become the preferred venue for the U.S. government to try terrorism suspects captured abroad. Many liberals have welcomed this development, characterizing it as a proper extension of American rule of law principles to the so-called “War on Terror.” But…
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California Charter School Teachers: Flexibility in the Classroom, Vulnerability as an Employee
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Jennifer Hom Chen Volume 67, Issue 6, 1733-68 Since the passage of the Charter Schools Act of 1992, charter schools have been hailed for achieving better results for students compared to traditional public schools in California. In particular, charter schools are touted for their ability to serve the needs of low-income students in…
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Simplicity v. Reality in the Workplace: Balancing the Aims of Vance v. Ball State University and the Fair Employment Protection Act
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Elizabeth Lee Volume 67, Issue 6, 1769-804 Under Title VII of the Civil Rights Act of 1964, an employer can be held liable for harassment or discrimination by a supervisor. In 2013, in Vance v. Ball State University, the Supreme Court narrowed the definition of supervisor, limiting victims’ ability to prevail on vicarious…
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Editing Embryos: Considering Restrictions on Genetically Engineering Humans
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Anna Zaret Volume 67, Issue 6, 1805-40 In April 2015, scientists used a new genetic engineering tool known as CRISPR to edit the genes of a human embryo for the first time. CRISPR has made gene editing cheaper, more efficient, and more accurate than ever before. These advances in technology indicate that in…