Print Issue Volume 92 - No. 5

Minimum Wages and Low-Wage Workers: How Well Does Reality Match the Rhetoric?

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Representing Low-Wage Workers in the Absence of a Class: The Peculiar Case of Section 16 of the Fair Labor Standards Act and the Underenforcement of Minimum Labor Standards

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Counting What Matters: Privatization, People with Disabilities, and the Cost of Low-Wage Work

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The Publicization of Home-Based Care Work in State Labor Law

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Remedies for Undocumented Noncitizens in the Workplace: Using International Law to Narrow the Holding of Hoffman Plastic Compounds, Inc. v. NLRB

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Labor Law After Legalization

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How Wal-Mart Fights Unions

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Preemption and Civic Democracy in the Battle over Wal-Mart

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Note, A Mock Funeral for a First Amendment Double Standard: Containing Coercion in Secondary Labor Boycotts

The secondary boycott provision of the National Labor Relations Act prohibits labor unions from using coercive tactics to induce “neutral” parties to sever economic ties with others. Although the judiciary has failed to clearly delineate the concept of coercion, secondary labor picketing has been deemed categorically coercive and subject to interdiction without constitutional concern. In […]

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Note, Toward a Robust Separation of Powers: Recapturing the Judiciary’s Role at Sentencing

Twenty years ago, Congress fundamentally changed the procedure for sentencing criminal defendants in the federal system by creating the United States Sentencing Commission to promulgate the Federal Sentencing Guidelines. The Guidelines were an attempt to increase transparency and decrease disparities in criminal sentences. Unfortunately, as the Supreme Court recognized in United States v. Booker, the […]

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De Novo

  • The Algorithm Made Me Do It and Other Bad Excuses

    THE ALGORITHM MADE ME DO IT AND OTHER BAD EXCUSES: UPHOLDING TRADITIONAL LIABILITY PRINCIPLES FOR ALGORITHM-CAUSED HARM By: Rebecca J. Krystosek, Volume 101 Staff Member As the outputs of algorithms increasingly pervade our everyday lives—from wayfinding apps and search engine autofill results to investment advice and self-driving cars—we must also […]

  • All (Privacy) Is Not Lost

    ALL (PRIVACY) IS NOT LOST: ATTORNEYS GENERAL AND PRIVACY PROTECTION By: Mitchell Noordyke, Volume 101 Staff Member In March, the House and Senate voted to prevent portions of the FCC Privacy Rule from going into effect.[1] This rule would have required more demanding protocol from broadband internet access service and […]

  • Pot, Printz, and Preemption

    POT, PRINTZ, AND PREEMPTION: WHY STATES CAN “JUST SAY NO” TO JEFF SESSIONS AND THE CONTROLLED SUBSTANCES ACT By: Franklin R. Guenthner, Volume 101 Staff Member Attorney General Jeff Sessions is not a fan of marijuana. Before assuming his role at the Department of Justice, the former Senator from Alabama […]


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