Secrets, Lies, and Lessons from the Theranos Scandal
Lauren Rogal Volume 72, Issue 6, 1663-1702 Theranos, Inc., the unicorn startup blood-testing corporation, was ultimately laid low by a former employee whistleblower. The experience of that whistleblower during and after her employment illuminates detrimental secrecy...
The Intersectional Race and Gender Effects of the Pandemic in Legal Academia
Angela Onwuachi-Willig Volume 72, Issue 6, 1703-1716 Just as the COVID-19 pandemic helped to expose the inequities that already existed between students at every level of education based on race and socioeconomic class status, it has exposed existing inequities among...
Why Familial Searches of DNA Databases Can and Should Survive Carpenter
Jasper Ford-Monroe Volume 72, Issue 6, 1717-1740 Over the past few years, a powerful new forensic technique has emerged. By uploading DNA from a crime scene to a civilian DNA database, such as GEDmatch, investigators can discover the genetic relatives of the...
Electronic Form Over Substance: eSignature Laws Need Upgrades
Lothar Determann Volume 72, Issue 5, 1385-1452 Most professionals favor substance over form. Yet, with respect to form itself, more and more favor electronic form over substantive media and signatures. Companies, consumers, and governments increasingly use electronic...
Race and Equity in the Age of Unicorns
Lynnise E. Phillips Pantin Volume 72, Issue 5, 1453-1510 This Article critically examines startup culture and its legal predicates. The Article analyzes innovation culture as a whole and uses the downfall of Theranos to illustrate the deficiencies in Silicon Valley...
Hedonic-Loss Damages That Optimally Deter: An Alternative to “Value of a Statistical Life” That Focuses on Both Decedent and Tortfeasor
Michael Pressman Volume 72, Issue 5, 1511-1572 Plaintiffs in wrongful-death suits typically are unable to recover for the decedent’s “hedonic loss”—the loss of happiness (or wellbeing) incurred as a result of the lost life-years themselves. Although this omission...
The DOJ’s Role in the Franchise No-Poach Problem
Molly Edgar Volume 72, Issue 5, 1573-1604 In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued a joint policy statement which notified human resource professionals of antitrust issues that may arise in the context of employee...
The Legal Value of Fiscal Sponsorship: A Proposal of New Law
Emma Geering Volume 72, Issue 5, 1605-1636 With social conscientiousness as a core value, American society has utilized nonprofit organizations to motivate social change. But as resources are finite and expertise in the complex legal, operational, and organizational...
Commercial Law Intersections
Giuliano G. Castellano & Andrea Tosato Volume 72, Issue 4, 999-1054 Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of such...
Damages for Noneconomic Harm in Intellectual Property Law
Thomas F. Cotter Volume 72, Issue 4, 1055-1120 This Article provides a comprehensive analysis of awards of “noneconomic” damages for reputational and emotional harm in intellectual property (IP) law, including trademarks, copyright and moral rights, the right of...