Category: Issue 1
Columbia University and Incarcerated Worker Labor Unions Under the National Labor Relations Act
On September 9, 2016, an estimated 24,000 inmates in at least twenty-nine prisons across the United States refused to work as part of a coordinated labor strike. Though the exact number of participants is difficult to confirm, a member of the committee that helped organize the strike states that this was the largest prison strike…
The Perverse Consequences of Disclosing Standard Terms
Tess Wilkinson-Ryan, Professor of Law and Psychology, University of Pennsylvania Law School.
Although assent is the doctrinal and theoretical hallmark of contract, its relevance for form contracts has been drastically undermined by the overwhelming evidence that no one reads standard terms. Until now, most political and academic discussions of this phenomenon have acknowledged the truth of universally unread contracts, but have assumed that even unread terms are…
Panel Assignments in the Federal Courts of Appeals
Marin K. Levy, Professor of Law, Duke University School of Law.
It is common knowledge that the federal courts of appeals typically hear cases in panels of three judges and that the composition of the panel can have significant consequences for case outcomes and for legal doctrine more generally. Yet neither legal scholars nor social scientists have focused on the question of how judges are selected…
Beware the “Terror Gap”: Closing the Loophole Between the U.S. Terrorist Watchlist System and the Right to Bear Arms
Elizabeth M. Sullivan
Below is an excerpt from Beware the “Terror Gap’s” Introduction: There are undoubtedly holes in national security law. In fact, terrorism would not be such a considerable threat if there were not gaps and vulnerabilities that terrorists could discover and exploit. This is simply the nature of the current “cat and mouse” game.’ 11. 14…
Sharing, Samples, and Generics: An Antitrust Framework
Michael A. Carrier, Distinguished Professor of Law, Rutgers Law School.
Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management programs known as Risk Evaluation and Mitigation Strategies (“REMS”). Pursuant…