Insurance Risk Classification in an Era of Genomics: Is a Rational Discrimination Policy Rational?
Anya E.R. Prince, University of Iowa College of Law
"This Article examines the merits and drawbacks of a rational discrimination approach to address life, long-term care, and disability insurer use of genetic test results."
Unicorns, Guardians, and the Concentration of the U.S. Equity Markets
Amy Deen Westbrook & David A. Westbrook
"This Article argues that developments in the private and public equity markets are changing the role these markets play in the United States and concurrently what 'stock market' means as a matter of political economy."
Innovative Antitrust and the Patent System
Gregory Day, Oklahoma State University Spears School of Business
"[T]his Article employs an original dataset, quantitative methods, and case studies to examine the effects of antitrust’s numerous policy levers on the rate of innovation in the United States."
Goodwill Hunting Gone Bad: Tax Law’s Outmoded Treatment of Goodwill
Mitchell L. Engler, Yeshiva University, Benjamin N. Cardozo School of Law
"The proposed legislative changes here would eradicate the current 'badwill hunting' association under the tax law and restore the appropriate 'good' back into the positive goodwill attribute."
Holding Federal Prison Officials Accountable: The Case for Recognizing a Damages Remedy for Federal Prisoners’ Free Exercise Claims
Nicole B. Godfrey, University of Denver Sturm College of Law
"This Article argues the federal courts should extend Bivens to recognize the availability of a damages remedy against federal prison officials who violate a prisoner’s Free Exercise rights."
Married on Saturday and Fired on Monday: Hively v. Ivy Tech Community College: Resolving the Disconnect under Title VII
Shannon M. Bond, J.D., University of Nebraska College of Law, 2019
"This Note evaluates whether employment discrimination based on sexual orientation is protected under Title VII’s prohibition of discrimination based on sex."
The Omnipotent School Administrator: Seeking to Curb Restriction of Off-Campus Student Speech in the Wake of C.R. v. Eugene School District 4J
Nicholas McGrath, J.D., University of Nebraska College of Law, 2019
"This Note aims to articulate a workable threshold test for determining whether an individual’s off-campus speech falls under the regulatory umbrella of school officials and the diminished protection of the First Amendment."
Electoral Votes, the Senate, and Article V: How the Architecture of the Constitution Promotes Federalism and Government by Consensus
Richard F. Duncan, University of Nebraska College of Law
"The primary focus of this Article will be to attempt to understand how the electoral vote system for the Presidency, the structure of representation in the U.S. Senate, and the ratification process of Article V protect federalism and the rights, interests, and liberties of we the people of the several states."
Endorsing Pedophiles for Elected Office?
David R. Katner, Tulane University Law School
This Article discusses "pedophilia, the dynamics of victims’ delay in reporting their victimization, various institutional protections afforded to accused child molesters, political sexual misconduct, current literature on the impact of child molestation, and the difficulties faced by victims of child molestation. . . ."
Everything, but Maybe Nothing: The Supreme Court’s Important—but Fragile—Decision in Trinity Lutheran Church of Columbia, Inc. v. Comer: 137 S. Ct. 2012 (2017)
John Lucas Rockenbach, University of Nebraska College of Law
This Note "argues the Supreme Court correctly held that Missouri’s policy violated the Free Exercise Clause but contends that one aspect of the Court’s reasoning . . . is unsound and should be abandoned . . . [and] describes how lower courts have reacted to Trinity Lutheran, questions the immediate impact of the case, and forecasts future Supreme Court action."