Ruth Bader Ginsburg

IN MEMORIAM:
JUSTICE RUTH
BADER GINSBURG

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

Vol. 122 No. 7

Democracy
CLR Forum

ASSOCIATIONAL PARTY-BUILDING: A PATH TO REBUILDING DEMOCRACY

Tabatha Abu El-Haj* & Didi Kuo**

This Piece argues that Americans need to shed their anti-partyism and take a second look at parties: Political parties are the only civic associations with the capacity to organize at a scale that matters and the only intermediaries that both communicate with voters and govern. The Piece, however, advances a fundamentally different orientation to party reform—one that pushes beyond a view of parties as vehicles for funding elections, policy-demanders,[...]

Criminal Procedure
Article

MAPPING DUAL SOVEREIGNTY AND DOUBLE JEOPARDY IN INDIAN COUNTRY CRIMES

Angela R. Riley* & Sarah Glenn Thompson**

The Double Jeopardy Clause guarantees no individual will be put in jeopardy twice for the same offense. But, pursuant to the dual-sovereignty doctrine, multiple prosecutions for offenses stemming from the same conduct do not violate the Clause if the offenses charged arise under the laws of separate sovereigns, even if the laws are otherwise identical. The doctrine applies to tribal prosecutions, but its impact in Indian country is rarely studied.[...]

Antitrust
Note

EXCEPTIONAL EFFICIENCIES: A VALUABLE DEFENSE FOR HEALTHCARE MERGERS

Matthew G. Gibson*

Various forces are driving healthcare providers to pursue integration to reduce prices and improve efficiency. Right now, the dominant payment model for healthcare is fee-for-service, in which a patient is charged for each individual service, test, or visit. An alternative model is value-based care, in which the emphasis is on value as opposed to volume. But to provide value-based care, health systems generally must be integrated enough to connect[...]

Civil Rights
Article

SEX ASSIGNED AT BIRTH

Jessica A. Clarke*

Transgender rights discussions often turn on the distinction between “gender identity” and “sex assigned at birth.” Gender identity is a person’s own internal sense of whether they are a man, a woman, or nonbinary. “Sex assigned at birth” means the male or female designation that doctors ascribe to infants based on genitalia and is marked on their birth records. Sex assigned at birth is intended to displace the concept of “biological[...]

Constitutional Law
Essay

GREENWASHING AND THE FIRST AMENDMENT

Amanda Shanor & Sarah E. Light*

Recent explosive growth in environmental and climate-related marketing claims by business firms has raised concerns about the truthfulness of these claims. Critics argue (or at least question whether) such claims constitute greenwashing, which refers to a set of deceptive marketing practices in which an entity publicly misrepresents or exaggerates the positive environmental impact of a product, a service, or the entity itself. The extent to which[...]

COVID-19
Note

UNEQUAL TREATMENT: (IN)COMPASSIONATE RELEASE FROM FEDERAL PRISON IN THE CONTEXT OF THE COVID-19 PANDEMIC AND VACCINE

Mariah D. Haley*

In December 2019, the world was introduced to COVID-19—a severe acute respiratory disease that would ultimately wreak havoc in communities across the globe. In the United States, many federal prisons experienced outbreaks of the virus, leading to both severe illness and death. Estimates suggest that roughly 620,000 people contracted the disease while incarcerated, resulting in nearly 3,000 deaths. The actual toll is likely much greater. As the[...]