By Michael Svedman* In her recent proposal to break up Amazon, Google, and Facebook, Elizabeth Warren sounds the familiar antitrust alarm. Weak antitrust enforcement has allowed big tech companies to achieve Gilded Age levels of market dominance. They use mergers and proprietary marketplaces to acquire or exclude their competitors. The effect is to squeeze out … [Read more...] about Warren’s Plan to Break up Big Tech: Coordination Rights as a Public Resource
Revictimized: How the Military Justice System Fails Victims of Child Pornography Offenses
By Michael Webert* Introduction In the wake of recent decisions by the Court of Appeals for the Armed Forces (CAAF), the military justice system’s highest appellate court, victims of child pornography offenses now receive substantially different rights and treatment in military courts than in federal civilian courts. Two key issues in child pornography cases are … [Read more...] about Revictimized: How the Military Justice System Fails Victims of Child Pornography Offenses
SCOTUS Gambles with Pardon Power
By Eric Allen Kauk* On November 20, 2015, around 11:00 p.m. Terance Gamble was pulled over in Mobile, Alabama by a local police officer for having a busted light on his car. As the officer walked up to the car, he smelled marijuana, so he removed Mr. Gamble from the car while he searched the vehicle. The officer found a small amount of marijuana and a firearm. … [Read more...] about SCOTUS Gambles with Pardon Power
The Harvard Law and Policy Review is excited to announce the release of Volume 10.2! Volume 10.2 explores cutting edge policymaking at the state level—examining meaningful changes, setbacks, and lessons learned—as well as the legal questions surrounding state innovation. It also includes articles by Catherine MacKinnon, Brishen Rogers and others on important, topical … [Read more...] about
The Goals of Good Process: Lessons from Mass Claims
By Benjamin Rajotte and Vikram J. Kapoor* Imagine that you were hurt by something beyond your control. Maybe a faulty product, or a commercial plane crash. Something big and painful to us and many other people. Amidst the emotional turmoil, we might be fairly motivated to recover for our losses. But what if we could not recover anything under the law…what then? Or what if … [Read more...] about The Goals of Good Process: Lessons from Mass Claims
The Highest Pharmaceutical Companies in the Land: The Legal Ramifications of Private Sector Objections to the Death Penalty
By Rose Carmen Goldberg* “Welcome to Groundhog Day,” as former Justice Scalia once said. The scene is familiar. This month, yet another pharmaceutical company has voiced opposition to use of its drugs in executions. In a public statement, pharmaceutical juggernaut Pfizer announced it will not supply drugs for lethal injections, and will enforce strict distribution … [Read more...] about The Highest Pharmaceutical Companies in the Land: The Legal Ramifications of Private Sector Objections to the Death Penalty
Let’s Force Religious Hypocrisy Out of the Closet
By Ana Choi* In the wake of the Supreme Court’s decision legalizing same-sex marriage in Obergefell v. Hodges last summer, many conservative states have begun to pass legislative measures trying to stem the progress made by the LGBTQ community. North Carolina passed a law prohibiting transgender individuals from using bathrooms that do not match the gender on their birth … [Read more...] about Let’s Force Religious Hypocrisy Out of the Closet
When Zero Means Some, Confusion Reigns
By Lisa Heinzerling* As I have argued elsewhere, the transparency achieved by federal laws relating to food is only partial, and sometimes only serves to conceal a lie. If one wanted to see this principle in operation, one might turn to a recent federal district court decision from California. In Backus v. Nestlé, the court granted a motion to dismiss a state-law consumer … [Read more...] about When Zero Means Some, Confusion Reigns
Call for Submissions
Calling all progressive thinkers, practitioners, academics, and authors! Harvard Law & Policy Review (HLPR), the official journal of ACS, is accepting 10,000-15,000 word submissions for publication as part of our symposiums on the following topics: Beyond the War on Drugs: Privacy, Prescription, and Punishment America in Debt: Borrowers, Creditors, and Forgiveness in the … [Read more...] about Call for Submissions
Keep Calm & Campus Carry On?
By Tommy Tobin* Starting this August, Texas law will mandate that the state’s public colleges and universities allow the carrying of concealed weapons onto campus. Next academic year, many individuals with concealed weapons will be able to walk onto campus, into classrooms, and around students as long as they have the requisite concealed weapon permit. The so-called … [Read more...] about Keep Calm & Campus Carry On?