Paradigms of Legal Research Connecting Theories, Methods and Phenomena: Doctrinal, Realist and Non-Law Focused Research

Author: Benedict Sheehy Legal research is important because the stakes are high for society as a whole,as well as for individuals’ whose rights and duties are under analysis. Theresearch is contentious, however, because there are deep philosophicaldisagreements about three main issues: what is law? what is “good”? and whatis a desirable social order? In answer… continue reading

It Takes a Village, But Let’s Start With a Child Benefit:A Public Policy Argument for Replacing the Current Child Tax Credit with a Universal Child Benefit After the Decision in Dobbs v. Jackson Women’s Health Organization

Author: Julia Pickett With seemingly little regard to the consequences that this decision would haveon women, the Supreme Court decided to end constitutionally protected abortion rights in the United States in Dobbs v. Jackson Women’s Health Center. Many people are justifiably angry with the Democrats, who had almost 50 years to codify Roe into law,… continue reading

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