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Volume 75, Issue 4


Sex Exceptionalism in Criminal Law

by  Aya Gruber

Sex crimes are the worst crimes. People generally believe that sexual assault is graver than nonsexual assault, uninvited sexual compliments are worse than nonsexual insults, and sex work is different from work. Criminal codes typically create a dedicated category for sex offenses, uniting under its umbrella conduct ranging from violent attacks to consensual commercial transactions.…


Civil Probation

by  Nicole Summers

The scholarly literature on the eviction legal system has repeatedly concluded that eviction courts are courts of mass settlement. In court hallways, landlords’ attorneys pressure unrepresented tenants into signing settlement agreements in a factory-like process, and judges approve the agreements with a perfunctory rubber stamp. Yet while we know most eviction cases settle, no one…


Closed Loophole, Open Ports

Section 307 of the Tariff Act and the Ongoing Importation of Goods Made Using Forced Labor
by  Matthew M. Higgins

Forced labor is a scourge that affects millions of people worldwide and poisons global supply chains. Products harvested, mined, manufactured, or packaged by forced laborers and enslaved persons line the shelves of American stores, even though section 307 of the Tariff Act has banned the import of these products for nearly 100 years. But this…


The Copying of Independent Fashion Designers

Perils and Potential Remedies in a Post–Star Athletica World
by  Lisa Wang

Design piracy is a widespread practice in the fashion industry. Individuals and firms across every level of the industry engage in, and benefit from, the taking of others’ designs. The copying of small, independent fashion designers, however, poses a unique and significant problem that has yet to be fully addressed by existing intellectual property laws…