The Uneven March of Progress: The Past, Present, and Future of Zoning Reform in the United States

Author: Stephen Menendian Municipal land use—and zoning regulations in particular—has transformed inrecent years from an esoteric local development matter into a hotly debated andfiercely contested public policy issue. There are many academic and mainstreamperiodical articles published in recent years drawing attention to the harmfuleffects or deleterious consequences of exclusionary and restrictive zoning,investigating the origins of… continue reading

Disabling Disparate Impact Claims: Recognizing Long COVID as a Disability Will Protect Affected Workers as Return to the Office Mandates Mount

Author: Michael Hatch As the United States looks to put COVID-19 behind it, employers are slowly but surely making the pivot to return-to-office mandates. The impact of such a shift will inevitably lead to some segments of the population being forced to make a decision: lose their job because they do not want to return… continue reading

Defend Our Data: A Call On Lawmakers To Strengthen Reproductive Healthcare Data PrivacyAfter The Fall Of Roe

Author: Kristen Bentz In June 2022, the Supreme Court issued its opinion in Dobbs v. JacksonWomen’s Health Center, holding that the United States Constitution does notgrant the right to an abortion. Animating the Court’s decision was themajority’s view that abortion rights are neither expressly stated in theConstitution, nor embedded in the history and traditions adhered… continue reading

“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

THE STABLE LEGAL FOUNDATION OF COMMERCIAL RENT STABILIZATION

Author: Guy Yedwab Although some accept that excessive rents are just part of the cost of doing business in an urban area, others cry out “the rent is ‘too damn high.’”   In the face of vacant storefronts and constant churn, small business advocates are increasingly turning to a common residential affordable housing tool: rent stabilization… continue reading

THE EFFECT OF NEURO-EVIDENCE ON JURORS’ DECISION MAKING

Author: Yu Du, PHD Over the past three decades, neuroscience has been increasingly presented as evidence in courtrooms.   Neuro-evidence, a type of evidence testified to by neuroscience experts in criminal trials, has been not only featured in empirical and law review journals, but also captured in mainstream news articles.   The relationship between neuroscience and… continue reading