Explore JLSP's archived issues below. Navigate Volumes 57–42 by using the horizontal menu above. Sort by topic tag or search term by using the vertical menu on the right. For access to Volumes 1–42, please email (Journal articles are also available on the WestLaw, Lexis, and Hein databases.)

Lethal Paralytics and the Censorship of Suffering

By Drew S. Brazer Approximately two dozen states utilize a three-drug lethal injection method to execute condemned persons.  This protocol consists of (i) an anesthetic or sedative; (ii) a paralytic; and (iii) potassium chloride (which stops the heart).  The purpose of the paralytic is purely cosmetic: it prevents witnesses from […]

Keeping Ferris Out of Foster Care: Reforming the JJDPA to Prevent Home Removals Based on Truancy

By Rose Wehrman Truancy is directly correlated with negative educational and life outcomes for students.  The state exacerbates these negative effects when it removes students from their homes for truancy.  Far from addressing the underlying causes of truancy, home removals—whether into secure or non-secure placements—cause devastating harm. The Juvenile Justice […]

Making It Right: Preserving Wrongful Birth After Dobbs

By Natasha Statz-Geary In overturning Roe v. Wade, the U.S. Supreme Court opened the floodgates for anti-abortion laws to sweep the country, radically transforming the legal landscape surrounding prenatal care. On the criminal side, centuries-old abortion bans have been given new life following Dobbs. On the civil side, statutes have […]

Just Cause We Can: Ending At-Will Employment and Avoiding Preemption

By Nathaniel Kazlow Unlike most European countries, the United States does not generally provide “just-cause” protections for its employees, meaning most workers are employed “at will” and may be terminated for any reason whatsoever. Although federal and state laws shield many workers from discriminatory and retaliatory firings, these protections are […]

Don’t Break the Bank, Build a New One: How Investing in Public Banks Can Solve Pensions’ ESG Problem

By Geeta Minocha Pension funds are significant institutional investors with massive capital. Attractive, prosocial investment opportunities abound. Nevertheless, several roadblocks limit American pension managers from engaging in ESG investing, including ERISA, fiduciary rules, anti-ESG state laws, and institutional inertia. This impasse creates an opportunity for public intervention because the private […]

Leashed: How Veterinarian Noncompetes Accelerated Industry Consolidation

By Logan Wilke The veterinary services industry, once characterized by locally-owned general care providers, has been rapidly consolidating into one dominated by multinational conglomerates. These corporate consolidators leverage their size and capital both to fund acquisitions and to attract debt-laden veterinary school graduates with above-market starting salaries. Whether they join […]

Putting the Blindfolds on Driverless Panopticons

By Alastair Pearson Autonomous vehicle (AV) deployment will radically reshape the relationship between Americans and their cars. A society which has long prized private car ownership will see riders transition to dramatically cheaper robotaxi services. Cities will regulate AVs in real time, using a sophisticated new regulatory technology called Mobility […]

Re-Examining the “McDonnell Problem”: Federal Prosecutors’ Ample Room to Prosecute State and Local Government Corruption

By Ourania S. Yancopoulos Historically, states have relied on the federal government to prosecute corruption involving their public officials and employees. In McDonnell v. United States, however, the Supreme Court purported to limit the definition of “official act” as used in the federal bribery, honest services fraud, and Hobbs Act […]

Beyond the Point of Exhaustion: Reforming the Exhaustion Requirement to Protect Access to IDEA Rights in Juvenile Facilities

By Abbe Petuchowski Congress enacted the Individuals with Disabilities Education Act (IDEA), in conjunction with other federal and state laws, to recognize a substantive right to “a free appropriate public education” for youth with disabilities and to establish a process to make this right accessible. Although the IDEA guarantees youth […]

Blacklisting Allowed? Whether the False Claims Act Protects Former Employees from Retaliation

By Hunter Baehren Employers commonly blacklist whistleblowers.  Despite its frequency, blacklisting remains unaddressed in many federal whistleblower statutes.  These statutes typically contain antiretaliation provisions protecting “employees,” but since victims of blacklisting are former employees, protection under federal law is uncertain.  In Robinson v. Shell Oil Co., the Supreme Court interpreted […]