Dismantling the Master’s House: Establishing a New Compelling Interest in Remedying Systematic Discrimination
Chris Chambers Goodman and Natalie Antounian Volume 73, Issue 2, 437-474 This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the...
Taking Stock: Open Questions and Unfinished Business Under the VAWA Amendments to the Indian Civil Rights Act
Jordan Gross Volume 73, Issue 2, 475-528 The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the...
Saving the Sinking Ship: How the United States Can Create an Effective Content Moderation Policy by Looking Abroad
Zhi Yang Tan Volume 73, Issue 2, 529-558 Each day, the world creates another 2.5 quintillion bytes of data, with most of it being accessible by the average person through the smartphone they carry in their pocket. That data may often take the form of informative new...
Dispute Resolution Commercial Transactions Along the Belt and Road: Creating Fair and Consistent Judgments
Sara Zokaei Volume 73, Issue 2, 559-584 For over forty years, China has promulgated national policies of opening-up and cooperation with other nations. Over the past eight years, China has been expanding its efforts to uphold these policy goals via the Belt and Road...
The Psychology of Secret Settlements
Gilat Juli Bachar Volume 73, Issue 1, 1-48 The #MeToo movement called attention to the use of non-disclosure clauses in settlement agreements as a tool to silence victims of sexual wrongdoing by repeat offenders such as movie mogul Harvey Weinstein and Olympic gymnast...
The Federal Response to COVID-19: Lessons from the Pandemic
Nancy J. Knauer Volume 73, Issue 1, 49-104 When the first suspected human-to-human transmission of the novel coronavirus was reported in January 2020, the United States had in place an elaborate set of pandemic disaster and response plans that spanned hundreds of...
What Got Us Here, Won’t Get Us There: Why U.S. Commercial Space Policy Must Lie in an Independent Regulatory Agency
Gerardo Inzunza Higuera Volume 73, Issue 1, 105-158 This Note addresses the need for a comprehensive, centralized independent agency designated solely for the management of commercial space activities. The current commercial “space rush” promises unimaginable...
How Can I Ever Repay You? The Borrower’s Dilemma and a Tax-Based Solution to the Student Debt Problem
Kate Souza Volume 73, Issue 1, 129-160 The growing cost of higher education relative to wage growth means that college is no longer the sure path to financial security it once was. While the cost of tuition ballooned over the past several decades, government funding...
The United States’ Ineffective Response Towards Hong Kong’s National Security Law
Justine Yu Volume 73, Issue 1, 161-190 The city of Hong Kong has undergone a dramatic political shift in recent years. Once known as a safe haven for freedom of speech and expression,[1] HK is now a place where anti-Communist Party views are suppressed under the...
Expanding Accountability: Using the Negligent Infliction of Emotional Distress Claim to Compensate Black American Families Who Remained Unheard in Medical Crisis
Nia Johnson Volume 72, Issue 6, 1637-1663 Black Americans have constantly been victims of health disparities and unequal treatment in healthcare facilities. This is not new. However, more attention has been paid to accounts from Black Americans alleging that their...