No. 4

AGENCIES AND ARBITRATION

Daniel T. Deacon*

This Essay examines the roles that federal administrative agencies have begun to play in response to the rise of private arbitration, particularly in the consumer and employment contexts. Such agency actions have included enforcement strategies designed to mimic the effects of private litigation when such litigation may not be possible due to the presence of arbitration agreements. And, in some cases, they have involved regulatory responses, including...

ABDICATION AND FEDERALISM

Justin Weinstein-Tull*

States abdicate many of their federal responsibilities to local governments. They do not monitor local compliance with those laws, they disclaim responsibility for the actions of their local governments, and they deny state officials the legal capacity to bring local governments into compliance. When sued for noncompliance with these federal laws, states attempt to evade responsibility by arguing that local governments—and not the state—are...

While vaccination is a hot political topic, it is largely settled as a matter of law. Ever since the Supreme Court’s 1905 decision in Jacobson v. Massachusetts, state governments have possessed the authority to enforce mandatory vaccination laws. Furthermore, courts have long recognized that States are not required to provide religious exemptions to these vaccination mandates, though most do. The Supreme Court recently denied certiorari in a...