Volume 110
Jun. 2022

Unbundling Banking, Money, and Payments

by Dan Awrey
 For centuries, our systems of banking, money, and payments have been legally and institutionally intertwined. The fact that these three—theoretically distinct—systems have been bundled together so tightly and for so long reflects a combination of historical accident, powerful economic and political forces, path dependence, and technological capacity. Importantly, it also reflects the unique and often […]

The Fat Prisoners’ Dilemma: Slow Violence, Intersectionality, and a Disability Rights Framework for the Future

by Rabia Belt
America is having a reckoning on mass incarceration. Events such as George Floyd’s killing, COVID behind bars, and Black Lives Matter have punctured our collective consciousness. Advocates and scholars alike are pushing U.S. society to examine the costs—financial, psychic, social—of putting millions of people behind bars. Despite this investigation, some of the day-to-day difficulties of […]

Lawyering the Presidency

by Deborah Pearlstein
 Among its many profound effects on American life, the Trump presidency triggered a surge of interest in reforms that might better check the exercise of presidential power—from enhancing ethics and transparency requirements to reining in sweeping congressional delegations of substantive authority. Yet these reform efforts arise against a wholly unsettled debate about the function and […]

Denial of Family Violence in Court: An Empirical Analysis and Path Forward for Family Law

by Joan S. Meier
He told me what could be worse is if he killed all of us, and then he said actually worse than that, if he killed the children and not me so that I would have to live without them.  – Amy Castillo The court-appointed evaluator and Maryland family court judge who heard her case did […]

What’s in a Contribution?: How the IRS’s Misinterpretation of the ACA Precludes Millions of Families from Accessing Affordable Health Coverage

by Patrick D. O'Neil
This Note is about the “family glitch” in the Affordable Care Act (ACA), focusing on the regulatory interpretation of the statutory afford-ability requirements. Under the ACA, individuals are not eligible for premium tax credits to purchase health insurance coverage if they receive an offer of affordable health insurance coverage from an employer. However, the Internal […]