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. 3

Tort Law
Book Review

BEYOND TORTS:
REPRODUCTIVE WRONGS AND THE STATE

Khiara M. Bridges*

In Birth Rights and Wrongs: How Medicine and Technology Are Remaking Reproduction and the Law, Dov Fox schematizes the concept of “reproductive negligence” (also called “reproductive wrongs”) into three categories: procreation imposed, procreation deprived, and pro­creation confounded. This Book Review aims to extend Fox’s analysis by looking beyond the law of torts, which is Fox’s primary focus. This Review observes that[...]

Energy Law
Article

AGENCY GENESIS AND THE ENERGY TRANSITION

Sharon B. Jacobs*

Commentators and policymakers frequently propose new govern­ment agencies in response to novel or intractable problems. New agencies can refocus public attention on the problems they regulate. They can attract new talent and bypass calcified or captured channels. But they are also costly, and there is no guarantee that they will be more successful than their predecessors.

This Article examines agency genesis at the state level. In the process,[...]

Online Content Moderation
Article

GOVERNING ONLINE SPEECH:
FROM “POSTS-AS-TRUMPS” TO PROPORTIONALITY AND PROBABILITY

Evelyn Douek*

Online speech governance stands at an inflection po­int. The state of emergency that platforms invoked during the COVID-19 pandemic is subsiding, and lawmakers are poised to transform the regulatory landscape. What emerges from this moment will shape the most important channels for communication in the modern era and have profound consequences for individuals, societies, and democratic governance. Tracing the path to this point illuminates the[...]

Corporate Law
Note

HIDDEN VALUE INJURY

Eitan Arom*

Rule 10b-5 and the securities-fraud action provide a private enforcement tool only where litigants can show a defendant’s misrepresentation impacted the price of a security. But investors increasingly demand disclosure about how a corporation interacts with stakeholder groups such as employees, consumers, and communities. Because these “sustainability disclosures” are aimed at long-term value, misrep­resentations will only[...]

Contract Law
Essay

THE SOCIAL COST OF CONTRACT

David A. Hoffman* & Cathy Hwang**

When private parties perform contracts, the public bears some of the costs. But what happens when society confronts unexpected contractual risks? During the COVID-19 pandemic, completing particular con­tracts—such as following through with weddings, conferences, and other large gatherings—will greatly increase the risk of rapidly spreading disease. A close reading of past cases illustrates that when social hazards sharply increase after formation,[...]

Health Law
CLR Forum

RACE, RISK, AND PERSONAL RESPONSIBILITY IN THE RESPONSE TO COVID-19

Aziza Ahmed* & Jason Jackson**

The COVID-19 crisis has tragically revealed the depth of racial inequities in the United States. This Piece argues that the disproportion­ate impact of the pandemic on racial minorities is a symptom of a failing approach to public health, one that privileges individual behaviors over the structural conditions that generate vulnerability and inequitable health outcomes. Despite clear racial disparities in illness and deaths, the[...]