Vol. 86:6
Archive for the 'Volumes' Category
Outliving Civil Rights
All fifty states have adopted statutes designed to protect older adults from abuse and neglect. While those statutes have been critiqued on functional and moral grounds, their legal implications have largely been ignored. In this Article, I fill that conspicuous gap and, in the process, show how elder protection systems significantly burden the constitutional rights [...]
Myth of the Color-Blind Judge: An Empirical Analysis of Racial Harassment Cases
In this Article, we present an exploratory empirical study of federal workplace racial harassment cases that span a twenty-year period. Multiple analyses found that judges’ race significantly affects outcomes in workplace racial harassment cases. African American judges rule differently than White judges, even when one takes into account their political affiliation or certain characteristics of [...]
Criminal Relationships: Vertical and Horizontal Relatedness in Criminal RICO
The Racketeer Influenced and Corrupt Organizations Act (RICO) has been an immensely successful federal law in the fight against crime in the United States. The most extensively used provision of that act is 18 U.S.C. § 1962(c). The text of § 1962(c) reads: “It shall be unlawful for any person employed by or associated with [...]
Preemption and Removal: Watson Shuts the Federal Officer Backdoor to the Federal Courthouse, Conceals Familiar Motive
A group of plaintiffs sues a large national corporation in state court for violating state law. The corporate defendant responds that even if it did violate state law, it is not liable because federal law or a relevant federal regulatory agency authorized or directed the allegedly illegal conduct. But before arguing that the supremacy of [...]
