Articles, notes, and symposia pieces published in CLR’s print volumes.
Print Edition
An Economic Analysis of Sandbagging Default Rules
Unlike the debate on the ethics of sandbagging, the economic consequence of a default rule is an empirical question with a right and wrong answer. This Note argues that the only other scholarly article on the issue got it wrong…
Looking to Hybrid Species for the Future of Coral Reefs
Although corals can hybridize and adapt to the threat of climate change, the existing legal framework in the United States is insufficient to ensure their protection. This regulatory gap leaves hybrid corals exposed to local and regional stressors. But legal protections, like the corals themselves, can adapt and evolve. If we value coral reefs, we should modify the…
Making the Grade: Rethinking the U.S. Food Retail Inspection and Rating Regulatory System
The FDA’s oversight of food retail has not kept pace with modern legislation’s move toward standardized guidelines across the food industry. Instead, the FDA’s feeble attempt at a command-and-control model has crumbled into a system that is de facto deregulated and lacks uniformity…
States of Inequality: Fiscal Federalism, Unequal States, and Unequal People
Two potential solutions that have been proposed for addressing the fiscal disparity among states are (1) following the lead of other federal nations and adopting a system of interstate fiscal equalization or (2) ending federalism and fully nationalizing key programs. As I will discuss, neither of these polar solutions is feasible or desirable. Instead, drawing on…
Police Sexual Violence: Police Brutality, #MeToo, and Masculinities
The epidemic of PSV [police sexual violence], both in scale and in concept, is startlingly underanalyzed. Sexual assaults committed by police against members of the public operate at the intersection of two vital national conversations about police brutality and sexual violence and harassment…
Diversity to Deradicalize
In articulating a new explanation of Powell’s motives in Bakke, this Article not only calls into question the prevailing understanding that Powell was motivated by his commitment to racial justice, it also complicates a more critical view of the diversity rationale that locates the Court’s endorsement of “the educational benefits of diversity” in a recognition that exposure to racial minorities confers…
Kicked Out, Kicked Again: The Discharge Review Boards’ Illiberal Application of Liberal Consideration for Veterans with Post-Traumatic Stress Disorder
Rather than continue this pattern of punishing veterans for having mental health conditions—commander kicks them out and the discharge review board kicks them again—veterans deserve the opportunity for true relief in recognition of their service and the mental health condition they developed due to that service…