Volume 77

Hanoch Dagan & Michael Heller Volume 77, Issue 1, 1-37 You can scribble an agreement on a napkin or hire lawyers to negotiate a hundred-page contract. Either way, most of your contractual obligations will not be in your document. They will be in the background...

Fred B. Jacob & Anne Marie Lofaso Volume 77, Issue 1, 38-84 “[The agency’s actions] express an intuition of experience which outruns analysis and sums up many unnamed and tangled impressions—impressions which may lie beneath consciousness without losing their...

Brishen Rogers Volume 77, Issue 1, 85-133 Almost ten thousand baristas have unionized since 2022 in cafes across the country. Their effort breaks with recent history in several respects. For example, baristas have used a novel “worker-to-worker organizing” model in...

Daniel A. Farber Volume 77, Issue 1, 134-165 Two decades ago, then-Professor Elena Kagan hailed the era of presidential administration in which Presidents would launch major policy initiatives within the executive branch and end run congressional gridlocks. Since...

Rabea Benhalim Volume 77, Issue 1, 166-222 Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian...

Jake B. Goldman Volume 77, Issue 1, 223-244 Per- and polyfluoroalkyl substances (PFAS) are a class of synthetic chemicals used for their unique qualities in manufacturing across numerous industries. PFAS, also known as “forever chemicals,” persist in the environment...

Joseph Cremona Volume 77, Issue 1, 245-288 Since 2024, Diversity, Equity, and Inclusion (DEI) programs have ignited a volatile political debate. Fierce opposition continues to attack their very existence. On one hand, proponents of DEI programs argue that such...