The GDPR as Privacy Pretext and the Problem of Co-Opting Privacy
Neil Richards Volume 73, Issue 5, 1511-1538 Privacy and data protection law’s expansion brings with it opportunities for mischief as privacy rules are used pretextually to serve other ends. This Essay examines the problem of such co-option of privacy using a case...
A Parallel Infodemic: Multifaceted Approaches to Online Public Health Mis- and Disinformation During the COVID-19 Pandemic
Erin Hutchins Volume 73, Issue 5, 1539-1562 During the COVID-19 pandemic, communities congregated in online spaces more than ever before. While some people found solidarity online, many others found snippets of false information regarding COVID-19’s origin,...
It’s Time for California to Enact Employment Protections for Medical Cannabis Patients
Kevin Murphy Volume 73, Issue 5, 1563-1592 California law allows an employer to refuse to hire an applicant or discharge an employee for consuming medical cannabis in order to treat a serious medical condition, even if an individual consumes cannabis at home during...
From Schoolhouse Gate to Locker Room Door: The Student Athlete’s Constitutional Right to Protest at a Public University Does Not Stop at the Hardwood
Katharine Waters Volume 73, Issue 5, 1593-1620 The Supreme Court has not faced a case involving the public university student athlete’s right to protest during game day events, such as during the pre-game warm up, the national anthem, and game play itself. Protests...
Untangling Right from Wrong in Insanity Law: Of Dogs, Wolves & God
Kate E. Bloch Volume 73, Issue 4, 947-974 In almost all U.S. jurisdictions, a qualifying mental illness that prevents an accused from distinguishing right from wrong can provide support for a determination of legal insanity. Nonetheless, “wrongfulness” remains a term...
Dikos Nitsaa’igii-19 (“The Big Cough”): Coal, COVID-19, and the Navajo Nation
Warigia M. Bowman Volume 73, Issue 4, 975-1040 “Our Nation was born in genocide when it embraced the doctrine that the original American, the Indian, was an inferior race. Even before there were large numbers of Negroes on our shores, the scar of racial hatred had...
Regulating Marginalized Labor
Mary Hoopes Volume 73, Issue 4, 1041-1098 Farmworkers are one of many vulnerable groups who exist largely in the shadows of the law. While there is a relatively robust regulatory framework that ostensibly governs the conditions under which they work, it is highly...
Mass Criminalization and Racial Disparities in Conviction Rates
Erin E. Meyers Volume 73, Issue 4, 1099-1144 A staggering number of Americans experience criminal justice contact each year, ranging from arrest to long-term incarceration. One 2014 Wall Street Journal report estimated that approximately one in three Americans are...
The Extraction Industry in Latin America and the Protection of Indigenous Land and Natural Resource Rights: From Consultation Toward Free, Prior, and Informed Consent
Kylah Staley Volume 73, Issue 4, 1145-1172 Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There...
The Political Economy of Foreign Sovereign Immunity
Maryam Jamshidi Volume 73, Issue 3, 585-666 The Foreign Sovereign Immunities Act (“FSIA”) prohibits civil litigation against foreign states, their agencies, and instrumentalities unless one of several enumerated exceptions to immunity applies. The most important of...