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. 4

State and Local Government
Essay

DISBANDING POLICE AGENCIES

Anthony O’Rourke,* Rick Su** & Guyora Binder***

Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a democratic and institutionalist perspective. Should localities disband their police forces? One reason to do[...]

Health Law
CLR Forum

DISPOSABLE LIVES:
COVID-19, VACCINES, AND THE UPRISING

Matiangai Sirleaf*

“If I can be provocative, shouldn’t this study be done in Africa, where there are no masks, no treatment, no intensive care, a bit like some studies on AIDS or among prostitutes. We try things, because we know they . . . are highly exposed and they don’t protect themselves. What do you think about that?” Jean-Paul Mira, […]

Public Law
Article

TAKING APPROPRIATIONS SERIOUSLY

Gillian E. Metzger*

Appropriations lie at the core of the administrative state and are be­com­ing increasingly important as deep partisan divides have stymied sub­stan­tive legislation. Both Congress and the President exploit appropria­tions to control government and advance their policy agendas, with the border wall battle being just one of several recent high-profile examples. Yet in public law doctrine, appropriations are ignored, pulled out for spe­cial[...]

Financial Regulation
Article

THE FAILED REGULATION OF U.S. TREASURY MARKETS

Yesha Yadav*

In trading the preeminent risk-free security, the $21 trillion U.S. Treasury market supports the country’s borrowing needs, financial sta­bility, and investor appetite for a safe asset. Straddling the nexus between a securities market and a systemically essential institution, the Treasury market must function at all costs, even if other markets fail.

This Article shows that Treasury market structure is fragile, weakened by a regulatory[...]

Class Action
Note

DOUBT NO MORE: FINDING A HOME FOR DAUBERT IN CLASS CERTIFICATION

Tzvi Levitin*

The Supreme Court has made clear that a district court may grant class action certification only after conducting a rigorous analysis to ensure that the requirements of Rule 23 of the Federal Rules of Civil Procedure have been met. Less clear, however, is what exactly a rigorous analysis entails. As precertification scrutiny has become more robust, reliance on expert testimony has become nearly indispensable for obtain­ing class certification.[...]

Fourth Amendment
Note

LAW ENFORCEMENT HACKING: DEFINING JURISDICTION

Rachel Bercovitz*

Federal law enforcement’s deployment of malware (Network Investigative Technique, or NIT) raises a jurisdictional question central to remote searches of electronic data: Where does the search occur?

Litigation arising from two prominent NIT searches—Operations Pacifier and Torpedo—illustrates the challenge courts confronted in defin­ing the[...]