Volume 42, Issue 1
January 2021
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Mistakes were Made: Applying Lessons Learned from the Tobacco Master Settlement Agreement to the Opioid Settlement Agreement
America has an ongoing and devastating opioid epidemic. In 2016, the Department of Health and Human Services shared that opioids accounted for more than 42,000 deaths. Just one year later, more than 47,000 Americans died from an opioid overdose. While the opioid crisis is certainly not a new phenomenon, the recent barrage of litigations sparked…
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Social Justice and the Supreme Court: Lessons from the Past
This article revisits over sixty years of Supreme Court decisions that have affected the poor and racial minorities, using a novel approach that considers the synergistic relationship between different doctrinal areas rather than focusing on one area. Specifically, I appraise the Supreme Court’s doctrinal contributions from 1953 to the present across three foundational elements of…
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How The Safe Drinking Water Act & The Comprehensive Environmental Response, Compensation, and Liability Act Fail Emerging Contaminants: A Per- and Polyfluoralkyl Substances (PFAS) Case Study
This paper uses the current per- and polyfluoroalkyl substances (PFAS) crisis to argue that shifts must occur in the area of environmental law to address the increasing number of emerging contaminants and the hazards they pose to health and safety. Two statutes that, if amended, would improve the government’s ability to respond to environmental contamination…
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The Price of Prime—Consumer Privacy in the Age of Amazon
It is difficult to imagine a world without Amazon. The behemoth tech corporation—which began as a humble attempt by entrepreneur Jeffery Bezos to sell books on the Internet—had a market cap of $1.6 trillion as of November 2020, and its net income rose almost 200% for the third quarter of 2020, compared to the same…
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The Next Surges Are Here: What Can American Governments Lawfully Do In Response to the Ongoing COVID-19 Pandemic?
Those who cannot remember the past are condemned to repeat it. George Santayana The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill…