Uncategorized

Privacy and Agency are Critical to a Flourishing Biomedical Research Enterprise: Misconceptions About the Role of CLIA

Written by: Jason Bobe, Michelle N. Meyer, & George Church

Abstract Professors Barbara Evans and Susan Wolf have made a compelling case that, contrary to conventional wisdom, the Clinical Laboratory Improvement Amendments of 1988 (CLIA) do not prohibit the return of research results from a non-CLIA lab when that return is done for any reason other than “for the purpose of providing information for the […]

Unjustly Enriched Prisons: The Problem With Capitalizing on Captivity

Jazmen Howard

Abstract This Note sheds light on state practices that take advantage of vulnerable, captive consumers: inmates. States regularly negotiate contracts relating to services and benefits for inmates, using inmates—a captive market—to enrich themselves. States make key decisions, force changes, and earn profits by implementing contracts that affect inmates and explicitly block inmates from pursuing any […]

State Jurisdictional Independence and Federal Supremacy

Ann Woolhandler & Michael G. Collins

Abstract Federal Courts scholarship often focuses on access to federal courts for the decision of federal claims. At the same time, many Federal Courts scholars insist that state courts must hear federal causes of action, even when the lower federal courts are open to the same claims—the very federal courts regarded by such scholars as […]

Against the “Safety Net”

Matthew B. Lawrence

Abstract Then-Representative Jack Kemp and President Ronald Reagan originated the “safety net” conception of U.S. health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true […]

Unusual State Capital Punishments

William W. Berry III.

Abstract This Article argues that many of the states that retain the death penalty currently violate their own state constitutions because their use of the death penalty is unusual. Specifically, an intrastate assessment of the death penalty in some states, particularly examining its use across counties, suggests that the rareness of its use might mean […]

Beyond the Binary: Protecting Sexual Minorities from Workplace Discrimination

Written by: Jessica Williams

Abstract      The LGBT community has benefitted from a rapid change in public perception. In the past few decades alone, the Supreme Court has greatly expanded the civil rights of queer people by decriminalizing homosexual conduct and recognizing gay marriage. Despite this progressive social setting, LGBT employees have yet to receive full protection from employment […]