Vol. 118 No. 5

Antidiscrimination Testers
Note

TESTING THE LIMITS OF THE FIRST AMENDMENT: HOW ONLINE CIVIL RIGHTS TESTING IS PROTECTED SPEECH ACTIVITY

Komal S. Patel *

This Note assesses First Amendment freedom of speech claims with regard to online civil rights testing. Transactions that have conventionally occurred in person are now more often completed online, and providers transacting online have been increasingly using algo­rithms that synthe­size users’ data. While these algorithms are helpful tools, they may also be yielding discriminatory results, whether inten­tionally or unintentionally.

In[...]

Congress
Book Review

SEPARATION OF POWERS METATHEORY

Aziz Z. Huq *

Contemporary scholarship and jurisprudence concerning the Constitution’s separation of powers is characterized by sharp disagree­ment about general theory and specific outcomes. The leading theories diverge on how to model the motives of institutional actors; on how to weigh text, history, doctrine, and norms; and on whether to characterize the separation of powers system as abiding in a stable equilibrium or as enthralled by transformative[...]

Administrative Law
Note

POWERFUL FRIENDS: EPSA, HUGHES, AND COOPERATIVE FEDERALISM FOR STATE RENEWABLE ENERGY POLICY

Joseph H. Margolies *

Until recently, the Supreme Court interpreted the Federal Power Act (FPA) to draw an impermeable boundary between the jurisdiction of the Federal Energy Regulatory Commission (FERC) and those of state public utility commissions. But the Court’s recent decisions in FERC v. Electric Power Supply Association (EPSA) and Hughes v. Talen Energy Marketing, LLC appear to relax the formalistic test tradi­tion­ally used to resolve[...]