Ruth Bader Ginsburg

IN MEMORIAM:
JUSTICE RUTH
BADER GINSBURG

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

Vol. 121 No. 7

Corporate Law
CLR Forum

AUNT JEMIMA’S RESIGNATION LETTER

Audra L. Savage*

In response to the national reckoning on race that began in the sum­mer of 2020, Aunt Jemima resigns and issues a call to all corporations to address systemic racism. In this imagining of the letter that she, as a real Black woman, would send upon her resignation from PepsiCo, she tells her own story as a spokesperson based on racist tropes and suggests that the country is at a turning point. Corporations must do more than issue statements about[...]

Military Law
Essay

DISCHARGED AND DISCARDED: THE COLLATERAL CONSEQUENCES OF A LESS-THAN-HONORABLE MILITARY DISCHARGE

Hugh McClean*

Between 2011 and 2015, 57,141 soldiers, sailors, and airmen were separated from service with less-than-honorable (LTH) discharges for mi­nor misconduct related to mental health problems. These discharges dis­proportionately affected servicemembers of color. These veterans and others like them face daunting reintegration challenges when they return to civilian society, as federal agencies and state governments deny them the benefits that usually[...]

Class Action
Note

THE GOALS OF CLASS ACTIONS

Andrew Faisman*

Class actions for monetary relief have long been the subject of in­tense legal and political debate. The stakes are now higher than ever. Contractual agreements requiring arbitration are proliferating, limit­ing the availability of class actions as a vehicle for collective redress. In Congress, legislative proposals related to class actions are mired in par­ti­san division. Democrats would roll back mandatory arbitration agree­ments while[...]

Environmental Law
Note

A COOPERATIVE FEDERALISM MODEL FOR BUILDING ENERGY CODES

Kimberly Chen*

Buildings in the United States are responsible for nine percent of the world’s greenhouse gas emissions, and improvement of building energy efficiency through strong building energy codes can help achieve signifi­cant emissions reductions and cost savings. But building energy code regula­tion across the country is inconsistent: Some states have statewide codes with ambitious clean energy targets, while others have no statewide codes at all.[...]

Legal History
Book Review

WHO WERE THE REAL FOUNDERS?

Craig Green*

Gregory Ablavsky’s Federal Ground explains how the national government and American law were transformed in the federal territories that compose modern Ohio and Tennessee. Ablavsky’s careful research and fresh perspective will make his work a vital reference for histo­rians, but this Book Review also highlights the book’s significance for le­gal ac­a­demics and lawyers. Ablavsky has collected extraordinary evidence about property[...]

Immigration Law
Article

IMMIGRATION LAW’S ARBITRARINESS PROBLEM

Shalini Bhargava Ray*

Despite deportation’s devastating effects, the Immigration and Nationality Act (INA) specifies deportation as the penalty for nearly every immigration law violation. Critics have regularly decried the INA’s lack of proportionality, contending that the penalty often does not fit the of­fense. The immigration bureaucracy’s implementation of the INA, how­ever, involves a spectrum of penalties short of deportation. Using tools such as administrative[...]

Artificial Intelligence
Article

THE RIGHT TO CONTEST AI

Margot E. Kaminski* & Jennifer M. Urban**

Artificial intelligence (AI) is increasingly used to make important deci­sions, from university admissions selections to loan determina­tions to the distribution of COVID-19 vaccines. These uses of AI raise a host of con­cerns about discrimination, accuracy, fairness, and accountability.

In the United States, recent proposals for regulating AI focus largely on ex ante and systemic governance. This Article argues in­stead—or re­ally,[...]

Constitutional Law
CLR Forum

WHO ARE TO BE OUR GOVERNORS? THE RIGHT OF ACCESS TO POLICE ID

Damonta D. Morgan*

In response to Black Lives Matter protests across the country in the summer of 2020, then-President Donald Trump sent federal agents into numerous American cities to “dominate” the protesters. These agents were largely unidentified, lacking both departmental insignia and badges dis­playing their personal identification information. As we have seen in the past, when law en­forcement officers do not identify themselves, they can evade accountabil­ity[...]