“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

NAVIGATING THE ETHICAL CLIFF OF PUBLIC SERVICE

Author: SAMUEL KAN, CFP The United States government needs to reform its ethical structure regarding the fringe benefits and conflict of interest laws that accompany taking on the mantle of leadership, because there is “much more to [the] high standard of public officials than merely staying within the law . . .  It is a question… continue reading

MISINFORMATION SUPERHIGHWAY: THE REAL-WORLD CONSEQUENCES OF SOCIAL MEDIA COMPANIES PROFITING OFF MISINFORMATION, AND WHAT THE FEDERAL GOVERNMENT CAN DO TO ADDRESS IT

Author: Caleb Sackler If the current state of politics in America could be boiled down to done word, that word would be “polarized.”  Democrats and Republicans alike are becoming increasingly divided on many of the key issues facing the country, such as the state of the economy, climate change, and racial justice.   During the 2020… continue reading

ESTIMATING THE SAVINGS FROM DECRIMINALIZING DRUG CONSUMPTION: THE CASE OF NEW JERSEY

Author: Michele I. Naples Decriminalizing drugs means ending the Drug War against users, and permits reallocating its resources to public health and community restoration.  While Oregon recently passed decriminalization, New Jersey has taken a piecemeal approach for twenty-five years. This study assesses that history, the shape of the prison-industrial complex born of the Drug War, and… continue reading