IN MEMORIAM: JUSTICE RUTH BADER GINSBURG

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

Vol. 123 No. 8

Administrative Law
Article

BECOMING THE ADMINISTRATOR-IN-CHIEF: MYERS AND THE PROGRESSIVE PRESIDENCY

Andrea Scoseria Katz* & Noah A. Rosenblum**

In a series of recent cases, the Supreme Court has reconfigured the administrative state in line with a particular version of Article II. According to the Court’s scheme, known as the theory of the “unitary executive,” all of the government’s operations must be housed under one of three branches, with the head of the executive branch shouldering unique and personal responsibility for the administration of federal law.

Guiding the[...]

Bankruptcy Law
Note

TICKET TO DEBT: CITY OF CHICAGO V. FULTON AND THE TWO-TRACK CONSUMER BANKRUPTCY SYSTEM

Karen Lou*

In 2021, the Supreme Court decided City of Chicago v. Fulton, a landmark bankruptcy case that addressed the issue of whether passive retention of estate property violates § 362(a)(3) of the U.S. Bankruptcy Code, commonly known as the “automatic stay” provision. The automatic stay, as its name suggests, is a breathing spell that prevents creditors from taking certain collection actions against the debtor after a bankruptcy petition[...]

Philosophy of Law
Book Review

METHODOLOGY AND INNOVATION IN JURISPRUDENCE

Kevin Tobia*

Jurisprudence aims to identify and explain important features of law. To accomplish this task, what method should one employ? Elucidating Law, a tour de force in “the philosophy of legal philosophy,” develops an instructive account of how philosophers “elucidate law,” which in turn elucidates jurisprudence’s own aims and methods. This Review introduces the book, with emphasis on its discussion of methodology.

Next, the[...]

Data
Article

GENDER DATA IN THE AUTOMATED ADMINISTRATIVE STATE

Ari Ezra Waldman*

In myriad areas of public life—from voting to professional licensure—the state collects, shares, and uses sex and gender data in complex algorithmic systems that mete out benefits, verify identity, and secure spaces. But in doing so, the state often erases transgender, nonbinary, and gender-nonconforming individuals, subjecting them to the harms of exclusion. These harms are not simply features of technology design, as others have ably written.[...]

Corporate Governance
CLR Forum

THE PERILS OF A STAKEHOLDERIST CORPORATE LAW REFORM: A REPLY TO PROFESSOR KOVVALI

Matteo Gatti * & Chrystin Ondersma **

We analyze whether non-shareholder constituencies are better protected with internal corporate law reform or with external regulation. We reply to Professor Aneil Kovvali’s article, Stark Choices for Corporate Reform, that criticizes some of our previous output, in which we warned that a stakeholderist corporate law reform would stymie efforts to achieve effective stakeholder protections with external regulation. In his article, Kovvali[...]

Racial Justice
Note

FREE THEIR MINDS: LEGACIES OF ATTICA AND THE THREAT OF BOOKS TO THE CARCERAL STATE

Jamie M. Jenkins*

Book bans and censorship battles have garnered considerable attention in recent years, but one of the most critical battlegrounds is kept out of the public eye. Prison officials can ban any book that threatens the security or operations of their facility. This means that the knowledge access rights of incarcerated people are subject to the judgments of the people detaining them. This Note focuses on books about Black people in America and books[...]

Chinese Legal Studies
Essay

ROLLING BACK TRANSPARENCY IN CHINA’S COURTS

Benjamin Liebman,* Rachel Stern,** Xiaohan Wu *** & Margaret Roberts ****

Despite a burgeoning conversation about the centrality of information management to governments, scholars are only just beginning to address the role of legal information in sustaining authoritarian rule. This Essay presents a case study showing how legal information can be manipulated: through the deletion of previously published cases from China’s online public database of court decisions. Using our own dataset of all 42 million cases made[...]