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Volume 75, Number 6 Category

Abortion, Pregnancy Loss, & Subjective Fetal Personhood

Nov. 22, 2022—Greer Donley & Jill Wieber Lens | 75 Vand. L. Rev. 1649 Long-standing dogma dictates that recognizing pregnancy loss threatens abortion rights—acknowledging that miscarriage and stillbirth involve the loss of something valuable, the theory goes, creates a slippery slope to fetal personhood. For decades, antiabortion advocates have capitalized on this tension and weaponized the grief...

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Regulating Global Stablecoins: A Model-Law Strategy

Nov. 22, 2022—Steven L. Schwarcz | 75 Vand. L. Rev. 1729 Digital currencies have the potential to improve the speed and efficiency of the payment system. The principal challenge is retail: to facilitate day-to-day payments among consumers as an alternative to cash, both domestically and across national borders. Two models of digital currencies are becoming viable: central...

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Executive Capture of Agency Decisionmaking

Nov. 22, 2022—Allison M. Whelan | 75 Vand. L. Rev. 1787 The scientific credibility of the administrative state is under siege in the United States, risking distressful public health harms and even deaths. This Article addresses one component of this attack—executive interference in agency scientific decisionmaking. It offers a new conceptual framework, “internal agency capture,” and policy...

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Paid Sick Leave’s Payoff

Nov. 22, 2022—Jennifer Bennett Shinall | 75 Vand. L. Rev. 1879 Perhaps paid sick days have never been more valuable than during the COVID-19 pandemic. Yet even before COVID-19, seventeen states and the District of Columbia began passing legislative mandates that employers provide employees with paid sick leave (“PSL”) days. Most of this legislation requires employers to...

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Can’t Really Teach: CRT Bans Impose Upon Teachers’ First Amendment Pedagogical Rights

Nov. 22, 2022—Mary Lindsay Krebs | 75 Vand. L. Rev. 1925 The jurisprudence governing K-12 teachers’ speech protection has been a convoluted hodgepodge of caselaw since the 1960s when the Supreme Court established that teachers retain at least some First Amendment protection as public educators. Now, as new so-called Critical Race Theory bans prohibit an array of...

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