“I’m Not a Biologist”: A Hayekian Perspective on the Judge’s Implementation of Knowledge and the Umpire Analogy

Author: Mark Edward Blankenship Jr. While the renowned metaphor of judges as umpires has continued to hold relevancy, it has continued to face scrutiny in recent years.   Moreover, the metes and bounds of judges are still arguably ambiguous to this very day.  As Justice Kagan put it, “because it wrongly implies that high-court judging… continue reading

The Untold Story of the United States’ Anti-Kickback Laws

Author: Chinelo Diké-Minor Anti-kickback laws—laws prohibiting payments to induce or reward referrals of health care—are a significant tool in the government’s arsenal against health care fraud.  However, although a majority of Americans have health coverage through private health insurance, the primary U.S. law addressing kickbacks, the Anti-Kickback Statute, protects only government health insurance plans (and not… continue reading

RACIAL DISCRIMINATION, HOME APPRAISALS, AND THE FAIR HOUSING ACT: REGULATING PRIVATE APPRAISERS TO REDUCE THE RACIAL WEALTH GAP

Author: John Byrnes Like many families during the COVID-19 pandemic, the Hortons hoped to refinance their home with a lower interest rate.   Surrounded by midcentury homes valued at upwards of a half a million dollars in Jacksonville, Florida, the couple expected a modest appraisal of around $450,000.   However, the appraiser came back with a value of… continue reading

Breaking Up With the American Adversarial Approach in Criminal Domestic Violence Adjudication

Author: Tess Berkowitz This paper takes the position that for survivors of domestic violence to be properly served by the legal system, such legal service must be made accessible through trauma-informed care.  This includes trauma-informed care for both for the survivor and the abuser.  This paper leaves to another day the topic of exactly what… continue reading

Volume 20, Issue 2 (Spring 2023)

Breaking Up With the American Adversarial Approach in Criminal Domestic Violence Adjudication Tess Berkowitz This paper takes the position that for survivors of domestic violence to be properly served by the legal system, such legal service must be made accessible through trauma-informed care.  This includes trauma-informed care for both for the survivor and the abuser…. continue reading