Computer scientists have recently undermined our faith in the privacy-protecting power of anonymization, the name for techniques that protect the privacy of individuals in large databases by deleting information like names and social security numbers. These scientists have demonstrated that they can often “reidentify” or “deanonymize” individuals hidden in anonymized data with astonishing ease...
Multijurisdictionality and Federalism: Assessing San Remo Hotel’s Effect on Regulatory Takings
Regulatory takings plaintiffs will increasingly litigate their cases in state court after San Remo Hotel v. City of San Francisco. Previous U.S. Supreme Court precedent held that in order to ripen federal constitutional takings claims, plaintiffs had to first request just compensation from state courts. In San Remo Hotel, the Court held that the federal courts would not make an exception to the...
Picturing the Life Course of Procreative Choice
For a substantial part of women’s lives, regulating fertility is a primary project. This Article depicts the life course of women’s procreative choice through a series of complex visual representations of data derived from the National Longitudinal Survey of Youth 1979 and the National Survey of Family Growth 2002. These graphic representations illustrate that preventing procreation, through a...
Volume 58, Issue 1
Just Notice: Re-Reforming Employment at Will
This Article proposes a fundamental shift in the movement to reform employment termination law. For forty years, there has been a near consensus among employee advocates and worklaw scholars that the current doctrine of employment at will should be abandoned in favor of a rule requiring just cause for termination. This Article contends that such calls are misguided, not—as defenders of the...
Reading Ricci: Whitening Discrimination, Racing Test Fairness
This Article posits that the Supreme Court’s decision in Ricci v. DeStefano does not evaluate all claims of discrimination on a level playing field but rather “whitens” discrimination and “races” test fairness. The authors explicate how Ricci whitens discrimination by reframing antidiscrimination law’s presumptions and burdens to focus on disparate treatment of whites as the paradigmatic and...
Shareholder Campaign Funds: A Campaign Subsidy Scheme for Corporate Elections
In the vivid imagination of Delaware courts, the shareholder franchise is “the ideological underpinning” upon which corporate power rests. A corporate election to choose who should lead the firm is corporate democracy at work since such elections give shareholders the power “to turn the board out.” However, in reality, the vast majority of corporate elections are ho-hum affairs. The current board...
Setting National Coverage Standards for Health Plans Under Healthcare Reform
On March 23, 2010, President Barack Obama signed into law the Patient Protection Affordable Care Act (Affordable Care Act), the most far-reaching healthcare reform legislation since the establishment of the Medicare program in 1965. The Affordable Care Act directs the U.S. Department of Health and Human Services (HHS) to establish a minimum level of health benefits, called the essential health...