IN MEMORIAM: JUSTICE RUTH BADER GINSBURG

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

Vol. 125 No. 7

Juvenile Justice
Article

REFORM’S OVERSIGHT: THE LIMITS OF YOUTH RESTITUTION

Stephanie Campos-Bui*

Over the past decade, dozens of state and local jurisdictions across the country and political spectrum have ended fines and fees in juvenile courts. One monetary sanction, however, is routinely left out of reform efforts: victim restitution. Unlike most fines and fees, youth restitution—paid to victims or harmed parties for economic loss or injury—continues to enjoy wide support, under the assumption that it promotes youth rehabilitation,[...]

NYPD
Note

THIS IS WHAT TRANSPARENCY LOOKS LIKE: AN EMPIRICAL ANALYSIS OF NYPD MISCONDUCT AFTER THE REPEAL OF 50-A

Alia Nahra*

This Note presents the first empirical study of the implications of the repeal of Civil Rights Law section 50-a (50-a), which made public New York Police Department (NYPD) personnel records, including disciplinary investigations. These data demonstrate the limited potential of transparency reforms, which are lauded as an important step toward increasing police accountability but do little to impact the actual behavior of police officers. Using[...]

Antitrust
Article

ANTICOMPETITIVE DIRECTORS

Lane Miles,* Mark A. Lemley** & Rory Van Loo***

Antitrust scholars have virtually ignored the question of who controls corporations by sitting on their boards of directors. We show that the problem of who sits on boards of directors is considerably greater than previously believed. Drawing on a new dataset spanning both public and private companies across multiple industries, we find evidence that individual board members sit simultaneously on boards of competitors throughout the economy, despite[...]

Delaware
Essay

LEAVING DELAWARE? THE ESSENTIAL ROLE OF SPECIALIZED CORPORATE COURTS

Zohar Goshen* & Tomer S. Stein**

Following the Delaware Court of Chancery’s invalidation of Elon Musk’s fifty-six-billion-dollar compensation package, Tesla moved its incorporation from Delaware to Texas. Shortly thereafter, Delaware’s legislature, seeking to protect Delaware’s dominant incorporation position, passed the most sweeping corporate law amendments in fifty years.

Both supporters of Musk and defenders of Delaware’s judiciary have accused each other[...]

Privacy Law
CLR Forum

GHOST JOBS

Daniel J. Grimm*

A new specter is haunting job seekers in the post-COVID-19 economy: “ghost jobs,” which are job listings by real companies advertising positions that do not actually exist or for which there is no present intention to hire. Ghost jobs do not simply waste the time and money of job applicants. They also reflect a new evolution in the harvesting and misuse of sensitive personal data, which inflicts privacy wounds on individuals while breaching[...]

Takings
Note

BRIDGE TO TROUBLED WATER: EXACTIONS ALONG NEW YORK CITY’S SHORE

Max McCulloch*

New York City’s coastline is transforming. Its waterfront zoning requirements have drastically expanded public waterfront access by trading building permits and similar discretionary property benefits to developers in exchange for publicly accessible parks, paths, and plazas. This process is almost certainly unconstitutional: Under the searching review of the Supreme Court’s “exactions tetralogy,” these mutually beneficial transactions[...]