Perfecting Criminal Markets

  By: David Michael Jaros

 

From illicit drugs to human smuggling to prostitution, legislators may actually perfect the very criminal markets they seek to destroy. Criminal laws often create new dangers and new criminal opportunities. Criminalizing drugs creates opportunities to sell ...READ MORE

The Agency Class Action

  By: Michael D. Sant’Ambrogio & Adam S. Zimmerman

 

The number of claims languishing on administrative dockets has become a “crisis,” producing significant backlogs, arbitrary outcomes, and new barriers to justice. Coal miners, disabled employees, and wounded soldiers sit on endless ...READ MORE

Delegating to Enemies

  By: Jacob E. Gersen & Adrian Vermeule

 

An axiom of institutional design is known as the ally principle: All else equal, voters, legislators, or other principals will rationally delegate more authority to agents who share their preferences (“allies”). The ally ...READ MORE

 

The Cold Reality of the Ineffective Hot News Remedy, and the Case for Contract

By: Gregory D. Beaton

The hot news misappropriation doctrine permits a plaintiff to seek time-limited injunctive relief against an alleged misappropriator in order to promote the reporting and dissemination of noncopyrightable information. While the hot news remedy may be a powerful ...READ MORE

Due Process in Prison: Protecting Inmates’ Property After Sandin v. Conner

By: Kaitlin Cassel

In 1995, the Supreme Court, in Sandin v. Conner, altered the standard by which federal courts determine when due process attaches to prisoners’ liberty interests. This new standard recognizes prisoners’ liberty interests only upon a showing of an ...READ MORE

Fair Labor Fraud: The Peculiar Interplay of Civil RICO and the Federal Minimum Wage Act

  By: James W. Crooks

 

This Note examines the interaction between the Fair Labor Standards Act (FLSA), which guarantees a minimum wage and overtime pay to most categories of employees, and the civil remedies of the Racketeer Influenced and Corrupt Organizations ...READ MORE