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The Food We Eat and the People Who Feed Us

Food justice scholars and advocates have made a simple but important point: for all the attention we pay to the food we eat, we pay far too little attention to the people who feed us. But can law play a role in directing consumer attention to labor-related issues? Traditional food law paradigms provide at bestContinue reading “The Food We Eat and the People Who Feed Us”

The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins

The Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins does not fully resolve when an intangible injury such as a defendant’s misreporting of a plaintiff’s personal information is sufficient to constitute a “concrete injury” for Article III standing. However, the Spokeo decision makes clear that Congress has a significant role in defining intangible injuriesContinue reading “The Supreme Court Acknowledges Congress’ Authority to Confer Informational Standing in Spokeo, Inc. v. Robins”

Wrongly “Identified”: Why an Actual Knowledge Standard Should Govern Health Care Providers’ False Claims Act Obligations to Report and Return Medicare and Medicaid Overpayments

In 2015, Medicare spent $632 billion on health care for America’s elderly (and other covered groups). Medicaid spent another $554 billion to provide health care to America’s needy. The government estimates that improper payments account for as much as 10% of Medicare and Medicaid spending. Given the vast amount of money at stake, and theContinue reading “Wrongly “Identified”: Why an Actual Knowledge Standard Should Govern Health Care Providers’ False Claims Act Obligations to Report and Return Medicare and Medicaid Overpayments”

Policing Predictive Policing

Predictive policing is sweeping the nation, promising the holy grail of policing—preventing crime before it happens. The technology has far outpaced any legal or political accountability and has largely escaped academic scrutiny. This article examines predictive policing’s evolution with the goal of providing the first practical and theoretical critique of this new policing strategy. BuildingContinue reading “Policing Predictive Policing”

Gatekeepers Gone Wrong: Reforming the Chapter 9 Eligibility Rules

In order to gain access to chapter 9 bankruptcy, municipalities must demonstrate that they meet several eligibility requirements. These requirements were put in place to prevent municipalities from making rash decisions about filing for bankruptcy. Too often, however, these requirements impede municipalities from attaining desperately needed relief. This Article demonstrates that as currently utilized, theContinue reading “Gatekeepers Gone Wrong: Reforming the Chapter 9 Eligibility Rules”

Hoarders: Clarifying FERC’s Policy, as Articulated in Order No. 888, Against Withholding Electric Transmission Capacity

Adopted in 1998 with the express goal of curbing undue discrimination in the interstate market for electric transmission, Order No. 888 has been referred to as the single largest step taken by the Federal Energy Regulatory Commission (FERC or the Commission) to foster competition in the market for wholesale electric transmission. Among its key features,Continue reading “Hoarders: Clarifying FERC’s Policy, as Articulated in Order No. 888, Against Withholding Electric Transmission Capacity”

To Consider or to Use? Citation to Foreign Authority and Legal Aesthetics

In this essay I consider what it means to consider something. More directly, I consider how a judge might distinguish a source used for inspiration from a source used as legal authority. I wonder if Justice Sotomayor posits this line-drawing problem as a koan to would-be clerks. To my limited ken, the epistemological limits ofContinue reading “To Consider or to Use? Citation to Foreign Authority and Legal Aesthetics”