Print Issues

Volume 72, Issue 4


America’s Hidden Foster Care System

by  Josh Gupta-Kagan

In most states, child protection agencies induce parents to transfer physical custody of their children to kinship caregivers by threatening to place the children in foster care and bring them to family court. Both the frequency of these actions (this Article establishes that they occur tens or even hundreds of thousands of times annually) and…


Reconceptualizing Compulsory Copyright Licenses

by  Jacob Victor

United States copyright law generally assumes that by providing property entitlements in creative works, the free market will balance between two competing priorities: incentivizing creators to produce works and ensuring the public has adequate access to this content. But the Copyright Act also outlines several detailed compulsory licensing schemes requiring the owners of certain copyright…


Carceral Trauma and Disability Law

by  Benjamin C. Hattem

Traumatized people have claimed the benefits of federal disability law with increasing success in recent years. Trauma undermines mental health and cognitive functioning, and disability laws entitle individuals with such impairments to robust accommodations and government support. But this application of disability law has so far overlooked a key site of trauma: America’s sprawling carceral…


Sovereignty-Affirming Subdelegations

Recognizing the Executive’s Ability to Delegate Authority and Affirm Inherent Tribal Powers
by  Samuel Lazerwitz

Bears Ears National Monument, as proclaimed by President Obama in 2016, realized a bold vision of cooperation between the executive branch and Native nations by elevating a coalition of Native nations as co-managers of a national monument. This proposed system of collaborative management relied on a broad interpretation of the executive branch’s power to subdelegate…