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April 2021
Volume 82, Issues 1-3
Article
Einer Elhauge
The Causal Mechanisms of Horizontal Shareholding

Although empirical studies show that common shareholding affects corporate conduct and that common horizontal shareholding lessens competition, critics have argued that the law should not take any action until we have clearer proof on the causal mechanisms. I show that we in fact have ample proof on causal mechanisms, and that anyway antitrust enforcement should focus on anticompetitive market structures, rather than on causal mechanisms...

Article
Yaniv Heled and Liza Vertinsky
Genetic Paparazzi: Beyond Genetic Privacy

The domain of accessible information about celebrities, political leaders, and other public figures is expanding as technology evolves, placing new stresses on already uneasy legal boundaries around their privacy. The availability of cheap, fast, and informative genetic sequencing technologies, combined with growing public interest in genetic information, makes it likely that we will soon witness paparazzi carrying swabs and sterile tubes in search for...

Note
Angad Chopra
Cyberattack – Intangible Damages in a Virtual World: Property Insurance Companies Declare War on Cyber-Attack Insurance Claims

Cyber-attacks and the monumental damages they cause are becoming seemingly ubiquitous. Large-scale cyber-attacks have become the norm, as opposed to an anomaly. In fact, cyber-attack has been rated as the number one concern for private entities given the sheer danger each attack poses on entity solvency. Ad-hoc attackers, in combination with state-sponsored cyber-warfare actors, have the capability of wreaking havoc on an entire nation...

Article
Jayanth K. Krishnan
Lawyers for the Undocumented: Addressing a Split Circuit Dilemma for Asylum-Seekers

The immigration crisis at the border, since 2016, has seen children separated from parents, the detention of noncitizens increase, and record-breaking numbers of applicants denied entry into the United States. For individuals fleeing their home countries because of persecution, the hardship has been particularly severe. To start, the chances of gaining asylum have dwindled significantly...

Article
Anna Offit
Race-Conscious Jury Selection

Among the central issues in scholarship on the American jury is the effect of Batson v. Kentucky (1986) on discriminatory empanelment. Empirical legal research has confirmed that despite the promise of the Batson doctrine, both peremptory strikes and challenges for cause remain tools of racial exclusion...

Note
Jordan C. Patterson
Ending a War Waged by Deed of Title: How to Achieve Distributive Justice for Black Farmers

A war waged by deed of title has dispossessed land from 98% of Black farmers in the United States—about 12 million acres in the last century. By many different means—mostly legal—Black farmers lost their homes and livelihoods. Willena Scott-White’s family fell victim to these tragic takings...

Article
Lawrence B. Solum.
Disaggregating Chevron

Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. is widely regarded as the most important administrative law decision in the history of the United States. The scholarly literature is vast and defies summary or cataloging. Moreover, Chevron is contested and criticized, defended and derided, lauded and lamented—the source of “angst and rancor” in the words of Professor Kristin E. Hickman and R. David Hahn in their article, Categorizing Chevron. One might think that when it comes to Chevron, there is “no new thing under the sun,” but in fact, Chevron is still full of surprises 

Article
Megan Luby
Take It or Leave It: A New Approach to Intermittent Leave for Non-Traditional Family Caretaking Duties Under the Family and Medical Leave Act

American workers are among the most overworked in the entire world: they “work longer hours, have shorter vacations, get less in unemployment, disability, and retirement benefits, and retire later, than people in comparably rich societies . . . .” As a result, millions of those working Americans rely on the federal Family and Medical Leave Act (FMLA or the Act) and its leave benefits to balance their lives as working employees with their numerous and ever-growing private obligations. In turn, FMLA-leave related litigation has risen drastically in recent years as employees continue to assert their rights to FMLA leave time.

Article
Michael Pappas and Victor B. Flatt
Climate Changes Property: Disasters, Decommodification, and Retreat

Repetitive losses from natural disasters are a multibillion dollar problem, and climate change threatens to make it worse. However, the problem is avoidable, and this Article offers a new analytical framework to explain how.