IN MEMORIAM: JUSTICE RUTH BADER GINSBURG

A series of tributes honoring the life and legacy of Justice Ruth Bader Ginsburg.

Vol. 124 No. 7

Antitrust
Article

MONOPOLIZING BY CONDITIONING

Daniel Francis*

Across the economy, monopolists of all kinds are engaged in “conditional dealing.” This is the practice of unilaterally offering benefits and penalties, or bribes and threats, to induce trading partners to refrain from competing against the monopolist or from dealing with its rivals. Pharma giants offer discounts conditioned on “loyalty,” agricultural monopolists impose “exit penalties” for switching to rivals, and social networks offer[...]

Family Law
Essay

FATHERHOOD, FAMILY LAW, AND THE CRISIS OF BOYS AND MEN

June Carbone* & Clare Huntington**

Boys and men in all racial and ethnic groups and across most socioeconomic groups are struggling on many fronts, including education, employment, physical and mental health, and social integration. In these areas and more, boys and men are much worse off than they were only a few decades ago. The crisis—which is concentrated among men without college degrees—is rooted in large-scale structural changes to the economy that have decimated jobs[...]

Critical Legal Studies
CLR Forum

ON THE CULTIVATION OF BLACK LETTER LAW

Etienne C. Toussaint*

Engaging with the sociocultural dimensions of race and racism across U.S. history is essential when creating, critiquing, and reforming the law. Building on Robin West’s exploration of the law and culture movement, this Piece introduces a novel “hermeneutic” project that reads Black American culture throughout U.S. history to gain critical insights into the nature and function of law in America. Black American culture, deeply rooted in the[...]

Antidiscrimination
Article

DISCRIMINATION DENIALS: ARE SAME-SEX WEDDING SERVICE REFUSALS DISCRIMINATORY?

Craig Konnoth*

Are refusals to provide services for same-sex weddings anti-gay discrimination? The answer, the Supreme Court seems to say, is “no.” Last Term in 303 Creative LLC v. Elenis, the Court held that the Constitution’s Free Speech Clause granted a web designer the right to refuse same-sex wedding services. In so doing, the Court also appeared to opine that the refusal involved no anti-gay discrimination.

Scholarship has yet to explore[...]

Criminal
Note

CRIMINALIZING ABUSE: SHORTCOMINGS OF THE DVSJA ON BLACK WOMAN SURVIVORSHIP

Tashayla Sierra-Kadaya Borden*

Commentators posit that reducing domestic abuse requires an increase in prosecutions and a decrease in criminal reform efforts. The “abuser” is as set a role as the “sympathetic victim,” with little room to examine how both may exist simultaneously within an individual. A deeper look into what occurs for survivors reveals that legal discourse often overlooks and scrutinizes Black women’s abuse, particularly with Black women who exist[...]

Jurisdiction
Note

JURISDICTIONAL RESTRAINT: RESCUING THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

Mohamed Camara*

The African Court on Human and Peoples’ Rights, the continental human rights court in Africa, is struggling. Many African states have yet to ratify the protocol that established the Court; and those that have, have begun to withdraw their declarations to allow individuals and nongovernmental organizations (NGOs) to bring cases against them before the Court. The Court’s expanding jurisdiction is part of the problem. Despite being an international[...]