The Myth of Slavery Abolition
Jocelyn Getgen Kestenbaum Volume 75, Issue 5, 1287-1334 In many countries today, slavery and the slave trade continue with impunity. International human rights law prohibits both abuses, but states are rarely held accountable and people who are enslaved or slave...
Forced Pooling: The Unconstitutional Taking of Private Property
Kevin J. Lynch Volume 75, Issue 5, 1335-1402 Our society’s continued addiction to fossil fuels poses an existential threat to our future. The scientific consensus clearly tells us that we must stop burning fossil fuels as fast as possible. This poses a huge political...
Monopolization by Exploiting People’s Inertia? On the DOJ’s 2020 Complaint Against Google and Revenue Sharing Agreements as Non-Compete Arrangements
Omar Vasquez Duque Volume 75, Issue 5, 1403-1440 In October 2020, the Department of Justice sued Google for paying Apple and several other search engine distributors to set Google as its users’ default. The complaint alleges that Google’s agreements constitute de...
Would a Successful FTC Noncompete Ban Reduce Lawsuits Against Employees Who Change Jobs?
Charles Tait Graves Volume 75, Issue 5, 1441-1448
What Practitioners Can Do for Law Students and What Law Students Can Do for Practitioners
Shanin Specter Volume 75, Issue 5, 1449-1478
Restoring Reasonable Expectations to Privacy at Work in the Face of Modern Electronic Monitoring Practices
Rafi Bortnick Volume 75, Issue 5, 1479-1534 This Note argues that stronger legal protections are necessary in California to protect workers’ dignitary interests in the workplace in the face of prevalent electronic monitoring. In particular, those protections should be...
Big Capital & the Carceral State
Laura I Appleman Volume 75, Issue 4, 913-976 Who is accountable for the imposition of punishment in our carceral system? The answer used to be much simpler, as we held local, state, and federal government actors responsible. In recent decades, however, our...
The Business of Abortion: Access to Capital Post Dobbs
Itay Ravid & Jonathan Zandberg Volume 75, Issue 4, 977-1046 Access to credit—that is, the ability to receive financial leverage that could help jump-start businesses—is one of the most significant barriers preventing millions of American women from opening new...
The Myth of DNA Trade Secrecy
Jacob S. Sherkow Volume 75, Issue 4, 1047-1096 Are DNA sequences subject to trade secrecy protection? At least three decades of scholarship has assumed so even while there is no explicit statutory authority directly on point and very few reported decisions in the...
Torn Between the Two: Practicing Law or Religion
Amna Qamer Volume 75, Issue 4, 1097-1138 United States courts have long struggled to define the intersection of public institutions and religious practices. Though higher education institutions aim to enrich their campuses with diverse communities, they often fail to...