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The Overlooked Barrier to Section 1983 Claims: State Catch-All Statutes of Limitations
The federal antitrust laws—three statutes enacted over a century ago—are in the spotlight. The year 2020 brought a new reckoning with corporate power and a resurgent interest in using antitrust law as a force for populist change. The “hipster antitrust” movement argues that the focus of antitrust policy should not be limited to market power…
Prioritize Incarcerated Individuals for the COVID-19 Vaccine
When I learned that my grandparents had gotten their first doses of the COVID vaccine, I cried with relief. After a year of unceasing trauma, loss, and fear, it felt like the first sign of a turning tide. Then I started to wonder about current and former clients, and people I had heard call into…
Antitrust as Antiracist
The federal antitrust laws—three statutes enacted over a century ago—are in the spotlight. The year 2020 brought a new reckoning with corporate power and a resurgent interest in using antitrust law as a force for populist change. The “hipster antitrust” movement argues that the focus of antitrust policy should not be limited to market power…
The Original Meaning of “Full and Equal Enjoyment” of Public Accommodations
This article is a reply to Professor Suja Thomas’s article “The Customer Caste: Legal Discrimination by Public Businesses.” This reply adds another compelling piece of evidence to Professor Thomas’s thesis by arguing that the federal courts have defied the original meaning of Title II’s central guarantee of “full and equal enjoyment” of public accommodations. That…
The Case for Requiring Disaggregation of Asian American and Pacific Islander Data
This piece is dedicated in honor of the lives lost in Atlanta, Georgia on March 16th, 2021 due to more senseless anti-Asian violence. All U.S. federal and state entities should disaggregate data on the Asian American and Pacific Islander (AAPI) community. Currently, reports divided by racial categories often conceal the major differences in the AAPI population…
Representation Matters, But at What Costs: A Look at the Proposal for Gender-Based Quotas for Elected Office
While women have been running for elected office in the United States since 1866, the growth in female representation has been incremental at best. Despite the fact that women represent over 50 percent of the United States’s population, women only make up 25 percent of Congress. Furthermore, women occupy less than 30 percent of state…
Due Discretion: On the Need for Multidistrict Litigation Transferee Judge Discretion in Interpreting the Federal Rules of Civil Procedure
With multidistrict litigation, innovation is the name of the game. Congress recognized and addressed this crux when, in the face of the soon-to-be crumbling federal judiciary caused by an exponentially increasing federal docket, it passed the Multidistrict Litigation (MDL) Statute, codified at 23 U.S.C. § 1407. The MDL Statute authorizes the consolidation and coordination of…
Now Is the Time to Repeal the Global Gag Rule, Once and for All
The United States, through its international development agency USAID, is the largest donor in international family planning in the world, with an annual programmatic budget exceeding $600 million. However, since 1984, USAID’s funding for essential reproductive and sexual health services has come with strings attached in the form of the Global Gag Rule. At its…
Lost Promise: New York City Specialized High Schools as a Case Study in the Illusory Support for Class-Based Affirmative Action
Using the case study of Christa McAuliffe Intermediate School PTO, Inc. v. de Blasio, a lawsuit challenging New York City’s class-based policies to diversify its elite Specialized High Schools, this Essay explains that purported support for class-based affirmative action serves as a rhetorical smokescreen for eliminating Brown v. Board of Education’s promise of a racially…