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...
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...
The Shifting Frontiers of Standing: How Litigation over Border Wall Funding is Exposing Standing's Current Doctrinal Fault Lines
Abstract When President Trump announced that he was diverting funds from other items in the federal budget to satisfy a campaign promise to build a wall on the U.S.–Mexico border, a range of litigants lined up to challenge this action in the courts...
Jail Suicide by Design
Abstract Jeffrey Epstein’s death in the federal jail in downtown Manhattan was the result of a conspiracy. But the conspirators were not the Clintons, President Trump, or Prince Andrew. Instead, his death, like too many others, was the result of a...
Misgendering as Misconduct
Abstract As litigation regarding the civil rights of transgender persons blossoms, a curious trend has emerged: In briefs, pleadings, and motions advocating anti-trans positions, attorneys have addressed trans parties with language at odds with...