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Capital Punishment, Latinos, and the United States Legal System: Doing Justice or an Illusion of Justice, Legitimated Oppression, and Reinforcement of Structural Hierarchies

Abstract As the twenty-first century progresses, the influence of race, ethnicity, gender, and class in crime and punishment continues to be a pressing and polemic issue. With various antisocial control movements taking place, particularly in response to the Trump administration, the nature of crime and punishment is once again being redefined nationally and abroad. As in the past, this new...

The Direct and Indirect Effects of Immigration Enforcement on Latino Political Engagement

Abstract How does having a loved one threatened by detention and deportation impact political participation? Drawing on extant research demonstrating the mobilizing power of a threatening immigration environment, we develop a dynamic theory of what scholars elsewhere refer to as proximal contact. We argue that individuals with proximal connections to punitive immigration policy may be politically...

Preemption as a Tool of Misclassification

Abstract The Federal Aviation Administration Authorization Act (FAAAA)—which prohibits state and local regulation “related to a price, route, or service” of interstate trucking firms—is a statute with enormous legal and economic significance that operates largely in the dark. This Article seeks to bring the FAAAA to light, explain what is at stake in its interpretation, and argue against its...

Health Care’s Market Bureaucracy

Abstract The last several decades of health law and policy have been built on a foundation of economic theory. This theory supported the proliferation of market-based policies that promised maximum efficiency and minimal bureaucracy. Neither of these promises has been realized. A mounting body of empirical research discussed in this Article makes clear that leading market-based health care...

How Much Electoral Participation Does Democracy Require? The Case for Minimum Turnout Requirements in Candidate Elections

Abstract Elections are the linchpin of a representative democracy’s legitimacy and power. In the absence ofelectoral participation by a critical mass of the population, a society cannot meaningfully claim to be democratically governed. Persistently low voter turnout decreases the quality and equality of political representation in the United States and jeopardizes the integrity of our system of...

Aspiring Americans Thrown Out in the Cold: The Discriminatory Use of False Testimony Allegations to Deny Naturalization

This Article looks closely at the good moral character clause and its potential to enable individual and institutional bias through a subsection that allows United States Citizen and Immigration Service (USCIS) to deny a naturalization petition when USCIS finds that the applicant offers “false testimony” and thus lacks requisite “good moral character.”

Shoveling a Path After Star Athletica

This Article explains some of the challenges presented by the opinion of Star Athletica and argues that clearer attention to the differences between design patent and copyright could have helped—and might still be useful going forward.

Start With Trust: Utilizing Blockchain to Resolve the Third-Party Data Breach Problem

The current cybersecurity landscape is unsustainable. Companies are increasingly relying on third parties for conducting services, yet these third-parties continue to be targets of attack due to their weak cybersecurity measures. However, blockchain technology should be implemented as part of a large company’s comprehensive cybersecurity plan. The trust that the blockchain offers, along with the...