Comment

Reframing the “Deserving” Tenant: The Abolition of a Policed Public Housing

Comment

Centuries-old economic and racial injustices have molded our federal housing
assistance. From the way we construct public housing whether it has access to high-
quality amenities or is built segregated from opportunities to the stringent policies
that dictate eligibility, the federal government dictates who deserves housing
assistance along racial and class lines. The result is the policing of housing projects
through two mechanisms. First, police forces perpetuate the criminalization of Black
and Latinx people, further fueling our carceral system.

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Protecting Renters from Flood Loss

Comment

In the summer of 2020, Amanda Daniels found herself, for the third time, in a flooded apartment that she rented in Chicago. Over the past...

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To Catch a Snooping Spouse: Reevaluating the Roots of the Spousal Wiretap Exception in the Digital Age

Comment

Marriage is, and continues to be, a reactive institution. Although the origins of marriage date back over 6000 years, the marital...

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Beyond Strickland Prejudice: Weaver, Batson, and Procedural Default

Comment

A Batson violation—racially discriminatory jury selection—is a structural error,
“not amenable” to harmless error review on direct appeal. By definition, structural
errors evade traditional prejudice analysis. But, when a petitioner argues on
collateral review that their trial counsel provided ineffective assistance by failing to
object to a Batson violation, a number of circuits require a showing of Strickland
prejudice. As some of these courts recognize, they demand the impossible.

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Breaking Up Big Tech: Lessons From AT&T

Comment

It’s no secret that antitrust law is having its moment in the sun—and technology is the target. In recent years, Senator Elizabeth...

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The Road to Transportation Justice: Reframing Auto Safety in the SUV Age

Comment

For the past fifty years, a singular focus on consumer protection has persistently prevented auto-safety regulators from addressing serious...

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Private Merger Challenges Under Section 16 of the Clayton Act: Caution Post-JELD-WEN

Comment

Private merger enforcement is a thorny corner of antitrust law. Private merger challenges pose considerable potential financial downside for industry because in many cases, the motivations of private plaintiffs in initiating a challenge do not align with the purposes of antitrust law. These actions are risky for plaintiffs as well because they are difficult to win. Plaintiff successes have been so uncommon that in a Fourth Circuit case decided in February of 2021, the court stated, “private suits seeking divestiture are rare and, to our knowledge, no court had ever ordered divestiture in a private suit before this case.”1 While claims brought under section 16 of the Clayton Antitrust Act of 1914 (Clayton Act)2 have been historically underdiscussed, the Fourth Circuit’s grant of divestiture to a private plaintiff in early 2021 affords us an opportunity to evaluate this oft overlooked corner of antitrust law. Should private plaintiffs be able to mold the shape of industries to such a degree?

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Centering Whiteness and Entrenching the Myth of Race-Neutral Alternatives to Affirmative Action

Comment

In August 1935, Lloyd Gaines, a recent Black graduate from Lincoln University—then a Black-only college operated by the University of...

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A Prosecutorial Solution to the Criminalization of Homelessness

Comment

More than one-third of the 580,000 homeless people in the United States are unsheltered. This population includes those who sleep on the...

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Beyond Elections: Abolitionist Lessons for the Law of Democracy

Comment

The prison abolition movement, building on a long history of abolition in the United States, is articulating a vision of democracy that centers the lived experiences of people, particularly marginalized communities. Requiring more than legal standing and a secure right to vote, the abolitionist view of democracy calls for economic and civic standing, community self-determination, and equality. This view starkly contrasts with the dominant concept of democracy in the legal field most attentive to democratic concerns—the law of democracy, which defines democracy largely according to electoral rules and processes. This Comment presents an initial comparison of these two visions of democracy. When considered together, the abolitionist concept of democracy reveals the insufficiency of formalistic approaches to build a democracy that is deep, just, and experienced as legitimate by the governed. Looking to abolitionists’ concepts of state can deepen public law scholarship and inform the choices of democracy practitioners by enriching their advocacy in the electoral realm and widening their focus beyond elections.

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