Vol. LVII No. 1

Health Care and the Myth of Self-Reliance

Abstract: King v. Burwell asked the Supreme Court to decide if, in providing assistance to purchase insurance “through an Exchange established by the State,” Congress meant to subsidize policies bought on the federally run exchange. With its ruling, the Court saved the Patient Protection and Affordable Care Act’s (“ACA”) low-income subsidy. But King is only […]

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Green Ethics for Lawyers

Abstract: The ethical rules for lawyers encourage zealous advocacy on behalf of clients, but do not incentivize lawyers to take steps that could minimize harm to the environment. This Article proposes a comprehensive set of amendments to the American Bar Association (“ABA”) Model Rules of Professional Conduct. The goal is to establish not only opportunities, […]

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Using Data to Reduce Police Violence

Abstract: Congress passed the Death in Custody Reporting Act in 2014, which created a national database on civilian deaths caused by law enforcement. The Federal Bureau of Investigations and the Bureau of Justice Statistics have subsequently also announced new efforts to collect data on the frequency of deadly encounters between law enforcement and civilians. This […]

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The Grapes of Wrath: On the Health of Immigration Detainees

Abstract: This Article challenges the lack of health care provided to individuals in U.S. Immigration and Customs Enforcement (“ICE”) custody. As background, many immigration detainees are physically and emotionally vulnerable at the time of initial confinement due to a history of torture and trauma, which may include human trafficking, sexual violence, political oppression, psychosocial trauma, […]

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Court-Side Seats? The Communications Decency Act and the Potential Threat to StubHub and Peer-to-Peer Marketplaces

Abstract: In 1996, Congress passed section 230 of the Communications Decency Act, which provides broad immunity to websites from vicarious liability for the content produced by its users. Despite this broad immunity, a website will be liable for its user’s content when it is deemed to be an “information content provider” itself. In 2008, in Fair […]

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Vindicating the Vaccine: Injecting Strength into Mandatory School Vaccination Requirements to Safeguard the Public Health

Abstract: An outbreak of measles in California in early 2015 triggered a nationwide discussion about childhood vaccination requirements and the growing “anti-vaccination” movement that has gained traction in certain parts of the country. Proponents of vaccination point to the real danger vaccine-preventable diseases pose and the need to bolster “herd immunity” through aggressive vaccination practices. […]

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Jurisdictional Haze: Indiana and Washington’s Unconstitutional Extensions of the Postmortem Right of Publicity

Abstract: Long after they die, cultural icons such as Elvis Presley, Marilyn Monroe, and Jimi Hendrix continue to earn millions of dollars annually. Despite the tremendous amount of money earned by marketing the images of certain late celebrities, the laws conferring and governing the postmortem right of publicity are varied and often unpredictable. In most […]

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Journey Out of Neverland: CORI Reform, Commonwealth v. Peter Pon, and Massachusetts’s Emergence as a National Exemplar for Criminal Record Sealing

Abstract: Even after a criminal case is disposed of and a period of incarceration or probation is completed, individuals who have become involved in the criminal justice system often face a myriad of collateral consequences based on their criminal records. In order to promote reintegration and combat recidivism, many states have taken legislative actions to […]

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