Issue Archives

The COVID-19 pandemic has triggered an unprecedented increase in unilateral lawmaking by governors under each state’s emergency exec­utive power statute. These actions have been met with controversy and a significant amount of resistance. This Note argues that the resistance to COVID-19 rules in the United States may be partially attributable to the way state emergency power statutes concentrate virtually all the power to enact emergency rules...

Race and medicine scholarship is beset by a conundrum. On one hand, some racial justice scholars and advocates frame the harms that racial minorities experience through a medical lens. Poverty and home­lessness are social determinants of health that medical frameworks should account for. Racism itself is a public health threat. On the other hand, other scholars treat medicine with skepticism. Medical frameworks, they argue, will reify racially...

As immigration courts work through never-ending dockets and as detention centers operate beyond capacity, scholars and advocates have raised questions about the effects of pretrial immigration detention on outcomes for noncitizens. While pretrial detention is studied frequently in the criminal context, few empirical studies have addressed the consequences of pretrial immigration detention in particular. To help fill this gap in the literature,...

DEALS IN THE TIME OF PANDEMIC

Guhan Subramanian* & Caley Petrucci**

The COVID-19 pandemic has brought new attention to the period between signing and closing in mergers and acquisitions (M&A). Transactional planners heavily negotiate the provisions that govern the behavior of the parties during this window, not only to allocate risk between the buyer and seller, but also to manage moral hazard, opportunistic behavior, and other distortions in incentives. Prior literature, both academic and practitioner, has...

Scholars have long worried about the legitimacy of the Supreme Court. But commentators have largely overlooked the inferior federal judiciary—and the potential tradeoffs between Supreme Court and lower court legitimacy. This Essay aims to call attention to those tradeoffs. When the Justices are asked to change the law in high-profile areas—such as abortion, affirmative action, or gun rights—they face a conundrum: To protect the legitimacy...

Agency delay has become a chronic issue in administrative law. As Congress increasingly relies on reducing appropriations to implement its agenda, agencies have shouldered the conflicting burdens of meeting preexisting statutory deadlines for agency action, while also adhering to their newly reduced budgets. The result has been delayed agency action across a broad range of policy areas, such as environmental protection, health care, and economic...

Corporations are under pressure to use their outsized power to benefit society, but this advocacy is unlikely to result in meaningful change because corporate law’s incentive structure rewards fiduciaries who maximize shareholder wealth. Therefore, this Essay proposes a way forward that works within the wealth-maximization framework and yet could result in dramatic social change. The idea is simple: Use private debt markets to provide incentives...

“If I can be provocative, shouldn’t this study be done in Africa, where there are no masks, no treatment, no intensive care, a bit like some studies on AIDS or among prostitutes. We try things, because we know they . . . are highly exposed and they don’t protect themselves. What do you think about that?” Jean-Paul Mira, […]

Introduction When a Louisiana state court set Ronald Egana’s bail at $26,000, Egana’s mother and close friend did what hundreds of thousands of arrestees do each year: They sought the services of a commercial bail bondsman. Blair’s Bail Bonds agreed to post Egana’s bail in exchange for a twelve-percent nonrefundable premium, the state-approved rate in […]

Introduction In the landmark decision McGirt v. Oklahoma, the Supreme Court held that the Muscogee (Creek) Nation’s reservation in eastern Oklahoma had never been disestablished by Congress, and it thus remained “Indian country” under federal law for purposes of criminal jurisdiction. This decision also carried the potential to alter the regulatory landscape of Oklahoma in […]