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 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. […]

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.[1] 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 […]

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 […]

If a Lone Pine Falls in the Sixth Circuit And No One Hears it, Does it Make a Sound?

Multidistrict litigation (MDL) has been described both as a “just and efficient” method of consolidating lawsuits and a judicial hell-hole akin to “the third level of Dante’s inferno.” While its normative value likely falls somewhere in the middle, it is no secret that multidistrict litigation involves “unorthodox” civil procedure. Judges attempting to wrangle the “Wild […]

The Corporate Commonwealth: Reconceiving Our Metaphors for Business in Society

MarketWatch made a startling error when it reported last year that Amazon’s Climate Pledge, created as a corporate commitment to carbon neutrality, had secured signatories like Microsoft and Unilever. Amazon’s Climate Pledge is measured against (and competes with) the timeline of the Paris Climate Agreement, a treaty from which the United States notably began its […]

Are Secret Juries Bad for Black People?

The Dalai Lama said that “a lack of transparency results in distrust and a deep sense of insecurity.” If that’s right, Black people should have immense distrust in our jury system and should feel insecure in the notion that it can deliver justice. Transparency is a necessary cornerstone of a well-functioning democracy. In the words […]