IN MEMORIAM: JUSTICE RUTH BADER GINSBURG

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

Vol. 124 No. 2

Privacy Law
Note

THE OPTIMAL OPT-IN OPTION: PROTECTING VULNERABLE CONSUMERS IN THE EXPANDING PRIVACY LANDSCAPE

Morgan Carter*

This Note addresses the ever-growing series of privacy laws being enacted throughout the United States and the danger that the “opt-out” data collection system poses to many populations. There is a disparity in the level of “digital literacy” throughout the United States, and as more consumer data privacy laws emerge and continue to replicate the existing legislation, that disparity deepens.

Patterns among who does and who does not[...]

Health Law
Article

EMPLOYER-SPONSORED REPRODUCTION

Valarie K. Blake* & Elizabeth Y. McCuskey**

This Article interrogates the current and future role of employer-sponsored health insurance in reproductive autonomy, revealing the impact that employers’ coverage choices have on access to reproductive care and the legal infrastructure that prioritizes employer choice over individual autonomy.

Over half of the population depends on employers for health insurance. Laws regulating employer plans give employers exceptionally wide latitude[...]

Immigration Law
CLR Forum

CONGRESS’S UNTAPPED AUTHORITY TO CERTIFY U VISAS

Elora Mukherjee,* Fatma Marouf** & Sabrineh Ardalan***

A crucial path to legal status for immigrant victims of crimes is the U visa, which Congress established with strong bipartisan support to protect victims of particular crimes who are helpful to law enforcement. Because the U visa was intended to encourage reporting of crimes, the application requires a certification form to be completed by a federal, state, or local authority that is investigating or prosecuting the alleged offense. Arbitrary[...]

LGBTQ+ Rights
Note

CONTRACTS AND HOMOPHILE LEGAL STRATEGY

Jackson Springer*

Law was central to the homophile movement, the main movement for queer rights between World War II and Stonewall. But examinations of this movement’s engagement with law have exclusively focused on public law. Private law has received virtually no attention. This Note corrects that oversight. It unearths instances in which groups advocating for queer rights invoked contract law during the 1950s and 1960s. These moments reveal contract law’s[...]

Corporate Law
Article

CORPORATE RACIAL RESPONSIBILITY

Gina-Gail S. Fletcher* & H. Timothy Lovelace, Jr.**

The 2020 mass protests in response to the deaths of George Floyd and Breonna Taylor had a significant impact on American corporations. Several large public companies pledged an estimated $50 billion to advancing racial equity and committed to various initiatives to internally improve diversity, equity, and inclusion. While many applauded corporations’ willingness to engage with racial issues, some considered it further evidence of corporate capitulation[...]

Privacy Theory
Essay

DISTINGUISHING PRIVACY LAW: A CRITIQUE OF PRIVACY AS SOCIAL TAXONOMY

María P. Angel* & Ryan Calo**

What distinguishes privacy violations from other harms? This has proven a surprisingly difficult question to answer. For over a century, privacy law scholars labored to define the elusive concept of privacy. Then they gave up. Efforts to distinguish privacy were superseded at the turn of the millennium by a new approach: a taxonomy of privacy problems grounded in social recognition. Privacy law became the field that simply studies whatever courts[...]