Most Recent Print Issue

Volume 77, Issue 6


Feature

After Notice and Choice: Reinvigorating “Unfairness” to Rein In Data Abuses

by  Lina M. Khan, Samuel A.A. Levine & Stephanie T. Nguyen

The Federal Trade Commission (FTC) has long served as America’s default privacy enforcer. Yet for much of its history, the agency relied on self-regulation through a “notice and choice” framework that left the public vulnerable in an era of rampant data collection and digital surveillance. Businesses overwhelmed users with dense privacy notices while amassing and…

Article

Governing the Company Town

by  Brian Highsmith

This Article explores the forms of public and private governance that facilitate localized corporate domination. Researchers have documented the oppressive employment relationship that characterized historical “company towns,” but few accounts yet have examined these communities as local governments. I use archival research to identify institutional continuities between corporate fiefdoms like industrialist George Pullman’s model town…

Article

Abandoning Deportation Adjudication

by  Aadhithi Padmanabhan

The immigration court system—an executive agency that adjudicates hundreds of thousands of deportation cases every year—is experiencing profound crises of undercapacity and politicization of the adjudication process. Adjudicators in the system face extraordinary pressures to rush through cases as quickly as possible, even if that means ignoring material evidence or relying on biased heuristics to…

Note

Union-Led Direct Democracy

by  David Toppelberg

The existing legal order has failed the American labor movement. The National Labor Relations Act (NLRA) cannot guarantee the rights it promises, and the National Labor Relations Board’s enforcement mechanisms are too weak to ensure compliance. At the same time, federal preemption of labor law—among the broadest in all American law—has foreclosed local and state…

Note

Municipalities and the Banking Franchise

by  William D. Weightman

The 2008 financial crisis spurred calls to create a financial system that is more responsive to social needs. Subsequently, scholarly and legislative efforts to develop a more democratic and accountable financial system have focused on public options: postal banking, bank accounts with the Federal Reserve, and a national investment authority. While efforts at the federal…

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Recent Online Essays

Remedies in the First Hundred Days of Trump II: A Gently Adversarial Collaboration

In Trump’s second term, courts face mounting pressure to issue broad, sweeping remedies in response to clear executive overreach. While Samuel Bray and James Pfander often disagree about judicial authority to issue universal injunctions, they join forces in this adversarial collaboration to explore modern application of equitable traditions. Where do they agree and where precisely do their views diverge?

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The Removal Question: A Timeline and Summary of the Legal Arguments

Aditya Bamzai and Peter Shane trace the enduring debate of the President’s removal power. Together they provide a comprehensive yet succinct history of this question from the First Congress to Trump’s latest removals, then offer their competing interpretations of how history and doctrine define the limits of executive power today.

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Executive Branch Attacks on January 6 Prosecutors: A Notable Case of Democratic Backsliding

Sonia Mittal–a senior January 6 prosecutor–details the firings, demotions, and investigations of DOJ prosecutors. Mittal argues these executive actions are part of a systemic attempt to “capture the referees,” a term used by political scientists to describe authoritarian consolidation, and highlights the dangers of politicizing law enforcement, especially when career officials face reprisals for impartial legal work.

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How a Rule 23(b)(2) Class Action Could Save Law Firms from Trump

As Trump targets law firms with punitive executive orders, firms face a familiar dilemma: all would benefit from resistance, but acting alone may risk everything. This Essay diagnoses the legal profession’s collective action problem and prescribes a united, classwide solution.

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National Security or Nothing to See? Clearances as the Site of Executive Overreach

Can courts review the President’s retaliatory decision to revoke security clearances? In this Essay, Stanford J.D. Candidate Shreeya Singh argues Supreme Court precedent says “yes,” but a recent court decision seems to effectively immunize the executive branch from judicial scrutiny in these cases in the name of national security.

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