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The Continued Crash of the Legal Industry

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By Antonio Coronado

“What was the holding of the case?” A harsh silence filled the space as students nervously waited for the cold call to end. They flipped between the 30-some assigned pages of their casebook in discomfort, desperate to pass the time. Only clicks of pens and the occasional cough dared cut the tense air. But the professor was unresponsive to the silence. Like the laws they represented, they remained steadfast and unflinching in repetition of their routine: “What was the holding of the case?” . . .

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Reasonability and the Case Outside the Courtroom

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By Richard Raya

“The Master’s Tools Will Never Dismantle the Master’s House.” This quote, evocative as it is on its own, is the title of an entire essay by Audre Lorde, a self-described “black, lesbian, mother, warrior, poet.” I was introduced to her work in my Black Feminist Thought class as I worked toward an American Studies degree . . .

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Let’s Play Ball (…or not)

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By Allie Band

Around 9:30 pm on March 11th, the NBA suspended its season seconds before tipoff of the Utah Jazz-Oklahoma City Thunder game. At the arena, fans were told the game was postponed due to “unforeseen circumstances.” As it turned out, the reason for the postponement was that a Jazz player, who made it a point to touch every mic in the media room to show his “fearlessness” of COVID-19 just days prior, tested positive for the virus. The next day would be remembered as the day the sports world stood still. Like a domino effect, most professional and college sports seasons were suspended or cancelled within days . . .

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What Do We Want? Justice! When Do We Want It? Now! So, Why Is It Taking So Long To Receive Justice?

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By Asantewaah Ofosuhene

“Justice delayed is justice denied.” We have all heard this saying, but what does it really mean? This legal maxim means, when there is equitable relief available to an injured party, but that relief is not given in a timely manner, then it is as if there is no remedy at all. Why is delayed justice, leading to no justice, normalized within the United States criminal justice system? . . .

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Continued Push for Diploma Privilege Plus: Recent Law Graduates Advocate for a More Fair and Equitable Licensure Process in 2020

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As our country grapples with the COVID-19 pandemic, the resulting economic collapse, and a nationwide reckoning regarding systemic racism, states are confronted with the unique challenge of licensing new lawyers for professional practice in 2020 . . .

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Breonna Taylor and the Erasure of Black Women from Movements Addressing State Violence Against Black People

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By Sarah Nawab

Trigger warning/content warning: This blog post contains descriptions of state violence against Black people, including killing, brutalization, and sexual assault and harassment, as well as descriptions of physical and sexual brutalization of Black women during the chattel slavery era.

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Sex in the Time of COVID-19

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By Mackenzie Darling

During a public health crisis, the public is thinking about their health and the safety of their loved ones. However, while society is focused on protecting people from COVID-19, the sexual health and wellbeing of individuals is under major threat. This forum discusses three major concerns about the current state of sexual and reproductive health: (1) the impact the COVID-19 pandemic may have on people with human immunodeficiency virus (HIV); (2) how state executive orders are preventing access to abortions; and (3) how the closures of doctor’s offices, Planned Parenthood health clinics, and non-essential stores pose a major threat to access to contraception and sexually transmitted infection (STI) healthcare . . .

Fortifying the Rule of Law: Filling the Gaps Revealed by the Mueller Report and Impeachment Proceedings

By Professor Deborah Ramirez and Greer Clem

The investigation by Special Counsel Robert Mueller and subsequent impeachment of Donald Trump laid bare threats to the rule of law and weaknesses in our separation of powers doctrine. As President Trump continues to flex almost unrestricted executive authority, the question as to how we protect the rule of law and fortify the constitutional doctrine of separation of powers is one that begs answering . . .

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Blueprints of a Black New Deal

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By Elijah Miller

Drop a pin on any threadbare of our crises and you will find a thousand shifting layers of history folding in to form our social architecture. Over [100,000][1] U.S. residents and counting have now been snuffed out by a deadly combination of COVID-19 and an unrestrained dominance of racialized Neoliberal capitalism. Like so many diseases, Coronavirus is a threat, but it is the pre-existing conditions that make it so deadly. With blotted eyes and broken shoulders, rotted lungs, minds strung out of our gaslit sons, every organ in our social body aches in self-immolating class, gender, race . . .

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The Limitations of Privacy Reform Rooted in Interest Convergence

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By Margaret Foster

A year and a half ago, Governor Jerry Brown signed into law the California Consumer Protection Act, which went into effect on January 1, 2020. Though the bill was simultaneously hailed as a “groundbreaking,” “extremely powerful,” “landmark law,” and criticized as a “punitive . . . mistake,” there’s no dispute that it is currently the strongest privacy law in America, garnering comparisons to the European Union’s sweeping General Data Protection Regulation (GDPR). Kari Paul, California’s Groundbreaking Privacy Law Takes Effect in January. What Does It Do?, The Guardian (Dec. 30, 2019); Zack Whittaker, Silicon Valley Is Terrified of California’s Privacy Law. Good., TechCrunch (Sept. 19, 2019); Natasha Singer, Group Behind California Privacy Law Aims to Strengthen It, The New York Times (Sept. 24, 2019) . . .

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Data Privacy & Corporate Governance

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By Nimesha Perera

It is 2020 and the new California Consumer Privacy Act has gone into effect. John Stephens, California Consumer Privacy Act, American Bar Association (Fe. 14, 2019), https://www.americanbar.org/groups/business_law/publications/committee_newsletters/bcl/2019/201902/fa_9/. Facebook is publicly dealing with its groundbreaking $5 billion fine from the Federal Trade Commission (“FTC”) over data privacy concerns. See Brian Fung, Facebook will pay an unprecedented $5 billion penalty over privacy breaches, CNN (July 25, 2019); Michael Nunez, FTC Slaps Facebook With $5 Billion Fine, Forces New Privacy Controls, Forbes (July 24, 2019). Amazon is fiercely promoting its creatively titled facial recognition program “Amazon Rekognition” in the face of criticisms . . .

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Following the 2018 Supreme Court Decision Striking Down a Federal Ban on Sports Gambling: Should States Look to Bet and Cash In?

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By Matthew Netti

As Justice Alito expressed in his majority opinion in a 2018 Supreme Court decision, “[t]he legalization of sports gambling is a controversial subject.” Murphy v. Nat’l Collegiate Athletic Ass’n, 138 S. Ct. 1461, 1484 (2018). Not only is the subject controversial; the effect it has on the country moving forward is unpredictable . . .

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Herrera v. Wyoming: A Continuation of the United States’ Tumultuous Relationship with Indigenous People and its Contentious Implications

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By Vynateya Purimetla

In recent years, the Supreme Court of the United States has become increasingly embroiled in Native American disputes . . .

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In Defense of Cambridge Analytica: We Really Should be Blaming Surveillance Capitalism

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By Christie Dougherty

The Federal Trade Commission (“FTC”) issued Cambridge Analytica’s epitaph in late November 2019, when it published its settlement opinion. So, it came as a surprise to many Twitter users on January 1, 2020 as they scrolled through their feeds and read: “Data analytics firm #SCLGroup shut down amidst scandal when extensive data work in the shadows of elections globally was called into question via subsidiary #CambridgeAnalytica. To avoid document confiscation, SCL went bankrupt. Its [sic] time to release the files. #Hindsightis2020.” @HindsightFiles, Twitter (Jan. 1, 2020).  Brittany Kaiser, former Cambridge Analytica business development director, blew the whistle on the company back in 2018 and now has begun leaking internal documents on Twitter under the username @HindsightFiles, stating that “democracy has been hacked.” @HindsightFiles, Twitter (Jan. 1, 2020). . .

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The Business Roundtable’s New Statement on a Corporation’s Purpose: Embody or Avoid?

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By Andrew Farrington

Since 1978, the Business Roundtable, an association of chief executive officers of America’s leading companies, has been issuing annual statements regarding the purpose of a corporation. Each statement, from 1978 to 2018, has claimed that “corporations exist principally to serve shareholders.” Business Roundtable Redefines the Purpose of a Corporation to Promote ‘An Economy That Serves All Americans’, Business Roundtable (Aug. 19, 2019). However, on August 19, 2019, the Business Roundtable, led by Jamie Dimon, Chairman and CEO of JPMorgan Chase & Co., redefined the purpose of a corporation to include all stakeholders, namely a corporation’s customers, employees, suppliers, communities, and shareholders. Id. . . .

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Smartphones and Compelled Decryption: An Interview with Attorney David Rangaviz

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By David Rangaviz and Miranda Jang

Under what circumstances can a citizen be forced to unlock their smartphone for government inspection? On March 6, 2019, the Supreme Judicial Court decided Commonwealth v. Dennis Jones, in which the Court held that the government can compel a suspect to unlock their smartphone, and so disclose all of its contents, if it proves beyond a reasonable doubt that the suspect knows the passcode to the phone in question. The SJC held that the only “testimonial” aspect to an act of decryption is just the person saying that he or she knows the code to the target phone. Jones was the first decision from any state supreme court in the country to set out the constitutional rules around compelled decryption, which is one of the most significant self-incrimination issues in the digital age . . .

Promises and Perils of Prescription Drug Monitoring Programs: Workshop Report

By Leo Beletsky

In the wake of the opioid overdose crisis, all United States jurisdictions have rapidly adopted Prescription Drug Monitoring Programs (“PDMPs”). PDMPs electronically collect, monitor, and analyze controlled substance prescription information. Prescription Drug Monitoring Programs (PDMPs), CDC https://www.cdc.gov/drugoverdose/pdf/pdmp_factsheet-a.pdf (last visited October 30, 2019). According to the CDC, PDMPs “continue to be among the most promising state-level interventions to improve opioid prescribing, inform clinical practice, and protect patients at risk.” What States Need to Know about PDMPs, CDC (Oct. 3, 2017), https://www.cdc.gov/drugoverdose/pdmp/states.html. These purported benefits have been elusive, however, while various shortcomings and pitfalls have received little scrutiny . . .

How the Internet and The Mapping of the Human Genome Disrupted the Teaching of Health Law: Does The 21st Century Really Change Everything?

By Jennifer S. Bard

For the symposium, I was asked to grapple with how health law teaching has been disrupted by technological innovation. On these occasions, my thoughts immediately go to the rapidly evolving expectations of privacy in the face of the ever growing breaches of cyber security in healthcare settings, the widespread access to communications technology, and the rapidly evolving technologies to establish identity and extract significant amounts of medical information from the genetic material left behind on a coffee cup . . .

Measuring Health Privacy – Part II

By Ignacio Cofone

We are pleased to present this symposium featuring commentary from participants in the Center for Health Policy and Law’s annual conference, Promises and Perils of Emerging Health Innovations, held on April 11-12, 2019 at Northeastern University School of Law. As a note, additional detailed analyses of issues discussed during the conference will be published in the 2021 Winter Issue of the Northeastern University Law Review . . .

Measuring Health Privacy – Part I

By Ignacio Cofone

We are pleased to present this symposium featuring commentary from participants in the Center for Health Policy and Law’s annual conference, Promises and Perils of Emerging Health Innovations, held on April 11-12, 2019 at Northeastern University School of Law. As a note, additional detailed analyses of issues discussed during the conference will be published in the 2021 Winter Issue of the Northeastern University Law Review. . .