An approaching shortage of OBGYNs threatens the demands of a growing population of reproductive-age women. This threat is exacerbated by a shaky medical–legal structure that places a disproportionate burden on the OBGYN profession—a burden that patients are ultimately left to share. This Note explores the delicate interaction between medical malpractice litigation, the high-risk OBGYN profession, and patients’ access to healthcare. It then...
Issue Archives
Pro-life pregnancy centers have been criticized for attracting clients through false or misleading marketing and, once clients are through the door, for presenting false or misleading—or at least incomplete—information. A common contemporary means of regulating pregnancy centers is through statutes that require pregnancy centers to give notice that their services are not comprehensive. In 2018, in National Institute of Family and Life Advocates...
The foundational faith of disability law is the proposition that we can reduce disability discrimination if we can foster interactions between disabled and nondisabled people. This central faith, which is rooted in contact theory, has encouraged integration of people with and without disabilities, with the expectation that contact will reduce prejudicial attitudes and shift societal norms. However, neither the scholarship nor disability law...
A handful of digital platforms mediate a growing share of online commerce and communications. By structuring access to markets, these firms function as gatekeepers for billions of dollars in economic activity. One feature dominant digital platforms share is that they have integrated across business lines such that they both operate a platform and market their own goods and services on it. This structure places dominant platforms in direct competition...
Introduction Professor Kang raises two fundamental worries about the associational path to party reform in The Problem of Irresponsible Party Government, his response to my essay, Networking the Party: First Amendment Rights and the Pursuit of Responsive Party Government. First, he doubts the feasibility of reestablishing thick relational parties given social, technological, and cultural changes […]
This Reply addresses the responses by Professors David Bernstein and Jed Shugerman to our essay Asymmetric Constitutional Hardball. Bernstein’s response, we argue, commits the common fallacy of equating reciprocity with symmetry: assuming that because constitutional hardball often “takes two” to play, both sides must be playing it in a similar manner. Shugerman’s response, on the other hand, helps combat the common fallacy of equating...
wwwww wwwww wwwww wwwww ICO Name Supply Claims Burning Claims Vesting Claims Modification Claims Filecoin Sale Cap: 200,000,000 “Q: What happens if less than 200mm tokens are sold? Do they get burnt? If not, who owns them?A: . . . We will split all rescale_spansing tokens as follows: We will first apply the rescale_spansder to pay for […]
This Article presents the legal literature’s first detailed analysis of the inner workings of Initial Coin Offerings (ICOs). We characterize the ICO as an example of financial innovation, placing it in kinship with venture capital contracting, asset securitization, and (obviously) the IPO. We also take the form seriously as an example of technological innovation, in which promoters are beginning to effectuate their promises to investors through...
Diagnostic tests are often patented using broad method claims, which allow inventors to secure the greatest possible protection for their inventions. However, several recent Supreme Court and Federal Circuit cases invalidated broad diagnostic method claims under 35 U.S.C. § 101, holding that the claims were directed to unpatentable abstract ideas, natural laws, or natural phenomena. In light of these decisions, the continued...
Most state and federal employment discrimination statutes prohibit employers from making certain decisions “because of” an employee’s protected characteristics or activities. Courts interpreting this language have developed a number of frameworks and standards to assess whether a plaintiff has demonstrated the causation required to make out a claim of employment discrimination. Two standards frequently invoked by courts are but-for causation...