IN MEMORIAM: JUSTICE RUTH BADER GINSBURG

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

Vol. 124 No. 3

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Environmental Law
Note

DEAD IN THE WATER? ADDRESSING THE FUTURE OF WATER CONSERVATION IN THE COLORADO RIVER BASIN

Harmukh Singh*

The Colorado River Basin is drying up, and with it, the water supply of seven states in the American West. Historically, the West relied on consumption-based laws to fuel development despite the arid landscape. The Colorado River Compact allocated water among the states, but those allocations suffered from two basic flaws: (1) The agreed-upon water flow of the river was based on a particularly wet season in the region, and (2) the Compact was not[...]

Philosophy of Law
Book Review

THE FORESHADOW DOCKET

Bert I. Huang*

Imagine the Supreme Court issuing an emergency order that signals interest in departing from precedent, as if foreshadowing a change in the law. Seeing this, should the lower courts start ruling in ways that also anticipate the law of the future? They need not do so in their merits rulings. That much is clear. Such a signal does not create new binding precedent. Rather, it reflects the Justices’ guess about the future of the law—and what if[...]

Movement Law
Essay

THE CHICKEN-AND-EGG OF LAW AND ORGANIZING: ENACTING POLICY FOR POWER BUILDING

Kate Andrias* & Benjamin I. Sachs**

In a historical moment defined by massive economic and political inequality, legal scholars are exploring ways that law can contribute to the project of building a more equal society. Central to this effort is the attempt to design laws that enable the poor and working class to organize and build power with which they can countervail the influence of corporations and the wealthy. Previous work has identified ways in which law can, in fact, enable[...]

Tax law
CLR Forum

MAKING SOCIAL SECURITY PROGRESSIVE

Manoj Viswanathan*

Social Security is funded by a regressive tax in which wages below the wage cap ($160,200 in 2023) are taxed at a flat rate but wages above the cap are taxed at zero. To address this normative shortcoming and make Social Security progressive, this Piece proposes eliminating the wage cap and using the resulting additional revenue to fund a zero-rate Social Security tax bracket analogous to the standard deduction of the federal income tax.

IRS[...]

Constitutional Law
Article

ADMINISTRATIVE ENSLAVEMENT

Adam Davidson*

There are currently over a million people enslaved in the United States. Under threat of horrendous punishment, they cook, clean, and even fight fires. They do this not in the shadow of the law but with the express blessing of the Thirteenth Amendment’s Except Clause, which permits enslavement and involuntary servitude as punishment for a crime.

Despite discussions of this exception in law reviews, news reports, and Netflix documentaries,[...]

Disability Law
Article

INVERSE INTEGRATION AND THE RELATIONAL DEFICIT OF DISABILITY RIGHTS LAW

Yaron Covo*

Integration has long been a central tenet of U.S. disability law. In both doctrine and scholarship, however, disability integration has been understood to operate in only one direction: integrating disabled persons into mainstream society. This conventional approach has overlooked a different model, inverse integration, whereby nondisabled persons enter or participate in disability-focused settings or activities. As this Article demonstrates, inverse[...]

Algorithms
Note

THE WEAPONIZATION OF TRADE SECRET LAW

Lena Chan*

In criminal proceedings, courts are increasingly relying on automated decisionmaking tools that purport to measure the likelihood that a defendant will reoffend. But these technologies come with considerable risk; when trained on datasets or features that incorporate bias, criminal legal algorithms threaten to replicate discriminatory outcomes and produce overly punitive bail, sentencing, and incarceration decisions. Because regulators have failed[...]