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Getting Into Court When Data Has Gotten Out: A Two-Part Framework

Part I of this Note will examine the history of the FCRA, the basics of Article III standing, and its applications to intangible harms and data-privacy related injuries. Part II of this Note will then propose two potential solutions to the standing issues that arise when consumers are granted a right to sue CRAs for data breach harms. First,Continue reading “Getting Into Court When Data Has Gotten Out: A Two-Part Framework”

Racial Transition

The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of decisions are rarely acknowledged and sometimes even denied. This Article uncovers two main ways that the Supreme Court has sought “racial transition.” While Civil Rights era decisions focused on “reckoning” with the legacies ofContinue reading “Racial Transition”

Miscarriage, Stillbirth, & Reproductive Justice

Each year in the United States, millions of women’s pregnancies end not with the birth of a living child, but in miscarriage or with the birth of a dead, stillborn child. Marginalized women face a higher risk of these undesired endings. Compared to white women, Black women are twice as likely to suffer a late miscarriage and to giveContinue reading “Miscarriage, Stillbirth, & Reproductive Justice”

Considering the Private Animal and Damages

Since 2018, private law damages claims seeking to place animals in the role of plaintiffs have––in dramatic fashion––moved from academic debate to high-profile litigation. Focusing on two recent cases, this short Article asserts that lawsuits seeking to make animals plaintiffs in damages actions are much more than flashy news fodder; they raise profound policy issues that courts will struggle withContinue reading “Considering the Private Animal and Damages”

Reimagining the “Team Four Plan” With an Eye Toward Community Collaboration and Private Capital

This Note seeks to explore the historical underpinnings of the Team Four Plan by considering St. Louis’s dramatic economic decline alongside a citywide panic regarding the fate of the Midwest city. Though it acknowledges Congressional efforts to stop the urban plan in its tracks, this Note suggests that the strategy of “urban triage” presented by Team Four has been largelyContinue reading “Reimagining the “Team Four Plan” With an Eye Toward Community Collaboration and Private Capital”

Delegating National Security

Conservative scholars and a Supreme Court majority support reviving the nondelegation doctrine as a way to downsize the administrative state. But proposals from these scholars and Justices inevitably maintain there should be an exception for national security. This Article explains why a national security exception defeats the nondelegation doctrine’s goals of preserving the separation of powers and individual liberty. InContinue reading “Delegating National Security”

Police Prosecutions and Punitive Instincts

This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time, advocate for aContinue reading “Police Prosecutions and Punitive Instincts”