Issue 3 | Volume 98 | Law Review at Washington University in St. Louis

Article

Breaking Down Status

Kaiponanea T. Matsumura

The law regulates some of society’s most significant relationships through status. Yet social and legal changes can diminish a status’s effectiveness and importance. The debates surrounding worker classification and nonmarital relationship recognition provide two pressing examples. By some estimates, over one quarter of all U.S. workers are part of the gig economy. If these gig workers are classified as employees, many rights will flow to them by virtue of that…

Article

Democratizing Rule Development

Michael Sant’Ambrogio and Glen Staszewski

Agencies make many of their most important decisions in rulemaking well before the publication of a Notice of Proposed Rulemaking (NPRM), when they set their regulatory agendas and develop proposals for public comment. Agencies’ need for information from outside parties and openness to alternative courses of action are also generally at their greatest during these earlier stages of the rulemaking process. Yet regulatory agenda setting and rule development have received…

Article

Active Virtues

Michael D. Gilbert and Mauricio A. Guim

Constitutional theory has long been influenced by the idea that the Supreme Court exercises “passive virtues,” avoiding politically divisive cases that threaten its legitimacy. The Article inverts the logic. Supreme Court Justices (and other judges too) do more than avoid divisive cases that could weaken the Court. They seek “unity” cases—meaning cases where law and politics align—that could strengthen the Court. When judges seek unity cases to enhance their legitimacy,…

Note

It’s Five O’Clock Everywhere: A Framework for the Modernization of Time

Ryan Deal

This Note discusses existing legal procedures by which the current system of time could be modified to adapt to contemporary social changes and reduce time switching. Part I describes how the current system of timekeeping evolved and explains why it results in frequent time switching today. Part II considers the effectiveness of ongoing efforts by localities and states to avoid time switching by moving to a more favorable time zone.…

Commentary

Arbitrator Diversity: Can It Be Achieved?

Sarah Rudolph Cole

The 2018 lawsuit Jay-Z brought against the American Arbitration Association (AAA) because the list of twelve arbitrators AAA provided in a breach of contract dispute did not include a black arbitrator highlighted ongoing concerns about the lack of diversity in the arbitrator corps. Given arbitration’s already less formal structure, one method for enhancing its legitimacy among diverse disputants would be to ensure greater diversity among those empowered to make decisions.…

Article

Economic Regulation and Rural America

Ann M. Eisenberg

Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been “left behind.” The question is whether these “left behind” localities should be allowed to dwindle out of existence, or whether intervention to attempt rural revitalization is warranted. Many advocate non-intervention because rural lifestyles are inefficient to sustain. Others argue that, even if the nation wanted to help, it lacks…

Note

How Content Moderation May Expose Social Media Companies to Greater Defamation Liability

Tanner Bone

This Note will explain the critical distinction between “publishers” and “platforms,” why social media entities are currently considered “platforms,” and why the legal system should reevaluate the liability of social media entities based on how they moderate and regulate content. Part I of this Note will discuss the history of the common-law liability of content providers prior to the invention of the internet. It will also explore the history and…