Print Issue Volume 91 - No. 4

Rewriting Rule 68: Realizing the Benefits of the Federal Settlement Rule by Injecting Certainty into Offers of Judgment

This Article explores a court-sponsored settlement tool—Rule 68 of the Federal Rules of Civil Procedure—which allows defendants to formally offer settlement to plaintiffs. The rule differs from typical settlement devices because the plaintiff’s rejection of a Rule 68 settlement offer carries consequences. Namely, if the plaintiff receives less at trial than the amount of the […]

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The Perfect Storm of Retirement Insecurity: Fixing the Three-Legged Stool of Social Security, Pensions, and Personal Savings

This Article provides a unique, wide-angle view of the looming crisis in retirement security. The impending confluence of a burgeoning retiree cohort and a diminishing resource base threatens to wreak havoc on the financial well-being of the coming generation of retirees. This Article first reviews the current status of retirement security in the United States […]

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Can Our Culture Be Saved? The Future of Digital Archiving

The enormous controversy generated by the Google Library project demonstrates three important points. First, the potential for digitization to protect works against loss or deterioration is tremendous. Second, digitization creates an opportunity to offer access to preserved works without regard to a user’s physical location—something that both promises a great public benefit and, from the […]

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Note, The Executive Reports, We Decide: The Constitutionality of an Executive Branch Question and Report Period

Currently, Congress acquires information from the executive branch through two primary methods: the legislative subpoena or an “invitation” for an executive official to testify. These approaches are inadequate, the former often too blunt and subject to majority control while the latter too lenient and irregular. Increased congressional scrutiny of the executive branch is all but […]

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Note, An Unacceptable Exception: The Ramifications of Physician Immunity from Medical Procedure Patent Infringement Liability

Medical procedures present a unique challenge to the patent system. Without patents, investors may be unwilling to commit resources to the costly development of new procedures. However, patents on these procedures may decrease public access to the procedures, which may harm society’s interest in accessible medical care. In response to these concerns, Congress enacted 35 […]

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Note, Kiss, Kiss, Bang, Bang: How Current Approaches to Guns and Domestic Violence Fail to Save Women’s Lives

In comparison to the general population, battered women are much more likely to experience gun violence at the hands of their intimate partners. However, despite an increasing recognition that the government must take special measures to stop gun violence against battered women, current laws remain ineffective at disarming batterers. Many state governments impose no disarmament […]

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De Novo

  • After Marriage Equality

    AFTER MARRIAGE EQUALITY: LGBT NONDISCRIMINATION LAWS IN MASTERPIECE CAKESHOP By: Joshua Preston, Volume 102 Staff Member Obergefell v. Hodges (2015) was a watershed moment in extending the full benefits of society to members of the LGBT community.[1] Though the freedom to marry was won, Obergefell failed to address the broader […]

  • Armstrong v. Exceptional Child Center

    ARMSTRONG V. EXCEPTIONAL CHILD CENTER: WHO SHOULD ENFORCE MEDICAID EQUAL ACCESS? By: Jessica Wheeler, Volume 102 Staff Member Deamonte Driver, a twelve-year-old Medicaid beneficiary, died from an untreated tooth abscess when the infection spread to his brain.[1] His death could have been prevented had his tooth been removed months earlier […]

  • What the Tax Bill Means for Students

    WHAT THE “TAX CUTS AND JOBS ACT” MEANS FOR STUDENTS: DO WE WANT INCENTIVES OR SIMPLIFICATION? By: Melanie Pulles Benson, Volume 102 Staff Member The new House tax reform bill, the “Tax Cuts and Jobs Act” (“Act”), significantly departs from the current tax code.[1] The Act alters the tax brackets, […]


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