In spring 2023, the Federal Deposit Insurance Corporation (FDIC) resolved three of the four largest bank failures in U.S. history. When the FDIC resolves failed banks, this Note argues, it (unselfconsciously) allocates coordination rights—that is, the right to legally permitted economic coordination. Specifically, by reflexively merging failed banks into larger banks, the FDIC adopts antitrust law’s preference for hierarchical firm-based coordination....
Note
Throughout the twentieth century, several states adopted a new type of laws: Anti-Corporate Farming (ACF) laws. These laws generally prohibit corporations from owning farmland or engaging in the business of farming. They were originally intended to “encourage and protect the family farm as a basic economic unit” and “insure it as the most socially desirable mode of agricultural production.” While subject to criticism, these laws generally...
Labor unrest poses serious challenges to the development of new industries and to the implementation of public investment projects such as the Inflation Reduction Act. One way to converge the interests of employers, workers, and the public is through labor-peace agreements (LPAs). Because federal and state government actors are some of the biggest investors in the recent development projects, proponents of LPAs argue that these federal and state...
Women are becoming increasingly disempowered in reproductive choice just as new technologies offer scientists and clinicians more power and discretion in selecting the types of children to bring into the world. As these phenomena converge, a gap in antidiscrimination law has emerged. Fertility clinic practitioners are free to refuse the transfer of embryos based on disability-related animus. Mothers unable to prove coverage under the Americans...
The Antiterrorism Act (ATA) enables injured parties to sue “any person who aids and abets, by knowingly providing substantial assistance, . . . an act of international terrorism [committed by a designated foreign terrorist organization].” In the Supreme Court’s 2023 Twitter, Inc. v. Taamneh decision, the Justices considered the elements of a secondary liability claim under the ATA. While ultimately resolving the case based on the...
U.S. legislators are taking aim at technology companies for their role in the nation’s fentanyl crisis. Members of Congress recently introduced the Cooper Davis Act, which would require electronic communications service providers to report evidence of illicit fentanyl, methamphetamine, and counterfeit drug crimes on their platforms to the Drug Enforcement Administration. For the first time, such companies would be obligated to report suspected...
The visa application process is laden with discretion and reinforced by consular nonreviewability—an extensive form of judicial deference. Until recently, courts recognized a small exception to consular nonreviewability. Under this exception, courts engaged in limited review of a consular officer’s decision when visa denials implicated the fundamental rights of U.S. citizens.
The Court curtailed this exception in United States Department...
Legislatures, courts, and media outlets have manufactured legal and scientific uncertainty around gender-affirming care. This is the result of a phobic frame that vanishes the perspectives of minors and reduces decisionmakers’ confidence. This Note identifies that gender-affirming care bans should not be understood primarily as forms of sex discrimination, but instead as a form of unjustified impairment of minors’ self-determination. The solution,...
The African Court on Human and Peoples’ Rights, the continental human rights court in Africa, is struggling. Many African states have yet to ratify the protocol that established the Court; and those that have, have begun to withdraw their declarations to allow individuals and nongovernmental organizations (NGOs) to bring cases against them before the Court. The Court’s expanding jurisdiction is part of the problem. Despite being an international...
Commentators posit that reducing domestic abuse requires an increase in prosecutions and a decrease in criminal reform efforts. The “abuser” is as set a role as the “sympathetic victim,” with little room to examine how both may exist simultaneously within an individual. A deeper look into what occurs for survivors reveals that legal discourse often overlooks and scrutinizes Black women’s abuse, particularly with Black women who exist...