Administrative Law
Note

EVENTUAL JUDICIAL REVIEW

Adam M. Katz*

The SEC’s recent—and controversial—choice to make more frequent use of internal enforcement actions has raised several questions. Some have asked whether the SEC has attempted to advantage itself by prosecuting in-house; others have asked whether the SEC’s internal enforcement scheme is unconstitutional. This Note asks a largely over­looked threshold question: Do—and just as importantly, should—federal district courts have parallel[...]

Civil Procedure
Article

DELEGATING PROCEDURE

Matthew A. Shapiro*

The rise of arbitration has been one of the most significant develop­ments in civil justice. Many scholars have criticized arbitration for, among other things, “privatizing” or “delegating” the state’s dispute-resolution powers and allowing private parties to abuse those powers with virtual impunity. An implicit assumption underlying this critique is that civil procedure, in contrast to arbitration, does not delegate sig­nificant state[...]

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 […]

Harm Reduction
Note

SAFER BATHROOMS IN SYRINGE EXCHANGE PROGRAMS: INJECTING PROGRESS INTO THE HARM REDUCTION MOVEMENT

Melissa Vallejo*

The opioid crisis in the United States has affected and continues to affect the lives of hundreds of thousands of people. Driven by opioids and fentanyl, overdose is a leading cause of death. It has claimed more lives than guns, breast cancer, and car accidents. While some potential solutions have sought to strengthen criminal laws and provide harsher sanctions to drug dealers to combat drug abuse, harm reduction practices continue to best address[...]