Toxic Spring: The Capriciousness of Cost-Benefit Analysis Under FIFRA’s Pesticide Registration Process and Its Effect on Farmworkers

Under the Federal Insecticide, Fungicide, and Rodenticide Act, the Environmental Protection Agency (EPA) must conduct a cost-benefit analysis to ascertain whether a pesticide may be sold on the market. This analysis weighs the benefits of using the pesticide against the costs imposed by the pesticide’s negative effects, such as health consequences for farmworkers, wild life, […]

Recovery and Preemption: The Collision of the Medicare Secondary Payer Act and the Medical Device Amendments

Congress often uses its power to preempt state laws when a uniform nationwide regulatory environment is desirable. Unfortunately, preemption may have unintended, far-reaching effects. When Congress enacted the Medical Device Amendments of 1976 (“MDA”), it included an express preemption clause to ensure that only the Food and Drug Administration (“FDA”) could establish ex ante, premarket […]

Designing for Robustness: Overcoming Systemic Risk in the Political Branches

Will Schildknecht In October 2013, the President and Congress failed to agree on an appropriations bill or continuing resolution to fund government services. That inciting incident prompted a sixteen-day government shutdown. The effects of this shutdown created a chain reaction emanating from Independence Avenue to Wall Street to Main Street, crippling government services, and costing […]

Placing a Limiting Principle on Federal Monetary Influence of Tribes

Cody McBride American Indian tribes are strange sovereigns. Though subject to the ultimate sovereignty of the United States in many ways, tribes retain powers that have not been explicitly divested by federal statute or treaty, or implicitly divested by restraints of tribes’ protectorate relationship with the United States. Defining tribal membership is one undivested power, […]

From “Ladies First” to “Asking for It” : Benevolent Sexism in the Maintenance of Rape Culture

The problem of sexual violence against women has been analyzed with an eye to the causal significance of misogyny, but legal analysis has neglected the role played by other facets of sexism, including ostensibly “benevolent” sexism (or chivalry), in the perpetuation of rape culture, which normalizes this violence. Additionally, discussions of sexual violence often overlook […]

For the General Welfare: Finding a Limit on the Taxing Power after NFIB v. Sebelius

In National Federation of Independent Business v. Sebelius, the Supreme Court held that the Affordable Care Act’s individual mandate violated the Commerce Clause but upheld the mandate under the Taxing Power. While the Court’s decision has radically foreclosed congressional action under the Commerce Clause, it has allowed congressional authority under the Taxing Power to expand […]

Starving the Vultures: NML Capital v. Republic of Argentina and Solutions to the Problem of Distressed-Debt Funds

Sovereigns, like individuals and firms, assume debt. Unlike individuals and firms, however, sovereigns cannot die and cannot declare bankruptcy. As such, a country’s ability to restructure its obligations in the face of severe financial turmoil is paramount to the smooth functioning of its domestic economy, as well as the overall global economy. Most sovereign creditors […]

Gaming Sovereignty? A Plea for Protecting Worker’s Rights While Preserving Tribal Sovereignty

Tribally owned gaming facilities have become an increasingly popular vehicle for economic development throughout Indian Country. As an incidental consequence of this industry’s growth, many non-tribal members now come into contact with tribal-gaming enterprises as either customers or employees. Consequently, tribal gaming establishments have become a vital nexus in battles over what tribal sovereignty should […]

Equality with Exceptions? Recovering Lawrence’s Central Holding

Anna K. Christensen In the eleven years since the Supreme Court handed down itsLawrence v. Texas ruling, state courts have not consistently adhered to the decision’s implicit rejection of laws that regulate based on animus alone. Relying on the Court’s explicit limitation of its decision to cases that do not involve minors, “persons who might […]

Justice for Revenge Porn Victims: Legal Theories to Overcome Claims of Civil Immunity by Operators of Revenge Porn Websites

Zak Franklin Revenge porn is a term for the posting of nude images of an unconsenting individual online, frequently by an ex-boyfriend. These photos are often linked to social media profiles, the victim’s home address, and employer. Revenge porn victims have “lost jobs, been forced to change schools, change their names, and have been subjected […]