Vol. 118 No. 4

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[...]

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 […]

Procreation Rights
CLR Online

MAKING THINGS RIGHT WHEN REPRODUCTIVE MEDICINE GOES WRONG:

REPLY TO ROBERT RABIN, CAROL SANGER, AND GREGORY KEATING

Dov Fox*

Introduction Academic life is rarely quite so rewarding. Thanks to the editors of the Columbia Law Review for this opportunity to engage with scholars as gifted as Professors Robert Rabin, Carol Sanger, and Gregory Keating. I have long admired their insights on law, ethics, and institutions. I am grate­ful and privileged for their trenchant responses […]

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[...]