Vol. 118 No. 2


In memoriam

METAMORPHOSIS

Kenji Yoshino*

  “But always, always, / A man must wait the final day, and no man / Should ever be called happy before burial.” So warns the narrator of Ovid’s Metamorphoses, in recounting how Cadmus founded Thebes. This dark pronouncement underscores the caprice of fate, to which Cadmus himself would fall prey. Were Robert Ferguson here, […]

Administrative Law
CLR Online

FIVE ACTIONS TO STOP CITIZEN PETITION ABUSE

Michael A. Carrier*

  High drug prices are in the news. In some cases, such as AIDS-treating Daraprim and the life-saving EpiPen, the price increases dramati­cally. In other cases, which have received less attention, the price stays high longer than it should. Either way, anticompetitive behavior often lurks behind inflated prices. By delaying price-reducing generic competition, this behavior […]

citizenship
Essay

CRIMINAL PROCEDURE AND THE GOOD CITIZEN

I. Bennett Capers*

There is an aspect of criminal procedure decisions that has for too long gone unnoticed, unrecognized, and unremarked upon. Embedded in the Supreme Court’s criminal procedure jurisprudence—at times hidden in plain sight, at other times hidden below the surface—are asides about what it means to be a “good citizen.” The good citizen, for example, is willing to aid the police, willingly waives their right to silence, and welcomes police[...]


In memoriam

ROBERT FERGUSON: A MAN FOR ALL SEASONS

Brett Dignam*

    Professor Robert Ferguson enriched all of our lives. The man lived by and luxuriated in words. They are important to all of us, but they had a particularly magical significance to Robert. He chose them carefully, crafted their construction, and gloried in their rhythm. He encouraged all of us—his colleagues, students, friends, and […]

Administrative Law
Note

THE CO2 MONETIZATION GAP: INTEGRATING THE SOCIAL COST OF CARBON INTO NEPA

Anthony R. Raduazo*

This Note examines the disparate treatment of greenhouse gas (GHG) emissions in the regulatory cost–benefit analysis and the National Environmental Policy Act (NEPA) review contexts. In Zero Zone, Inc. v. United States Department of Energy, the Seventh Circuit upheld the use of the social cost of carbon (SCC) when agencies consider GHG emissions in their cost–benefit analyses. At the same time, courts have almost uniformly rejected[...]

Procreation Rights
CLR Online

MAKING THINGS RIGHT WHEN REPRODUCTIVE MEDICINE GOES WRONG:

REPLY TO ROBERT RABIN, CAROL SANGER, AND GREGORY KEATING

Dov Fox*

Introduction Academic life is rarely quite so rewarding. Thanks to the editors of the Columbia Law Review for this opportunity to engage with scholars as gifted as Professors Robert Rabin, Carol Sanger, and Gregory Keating. I have long admired their insights on law, ethics, and institutions. I am grate­ful and privileged for their trenchant responses […]

Employment Discrimination
Note

GENDER-NORMED PHYSICAL-ABILITY TESTS UNDER TITLE VII

Eve A. Levin*

Employers seeking to test job applicants for strength or speed while adhering to the mandates of Title VII often use gender-normed physical-ability tests. Gender-normed tests set different raw cutoffs for male and female applicants such that each class would be expected to have rough­ly equal pass rates. This practice has helped employers—especially law enforcement agencies—retain physical hiring standards while miti­gating their disparate[...]