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## Most Recent Print Issue

## Volume 77, Issue 6
###### June 2025

* * *

#### Feature
### After Notice and Choice: Reinvigorating “Unfairness” to Rein In Data Abuses
##### by  *Lina M. Khan, Samuel A.A. Levine & Stephanie T. Nguyen*

The Federal Trade Commission (FTC) has long served as America’s default privacy enforcer. Yet for much of its history, the agency relied on self-regulation through a “notice and choice” framework that left the public vulnerable in an era of rampant data collection and digital surveillance. Businesses overwhelmed users with dense privacy notices while amassing and…

#### Article
### Governing the Company Town
##### by  *Brian Highsmith*

This Article explores the forms of public and private governance that facilitate localized corporate domination. Researchers have documented the oppressive employment relationship that characterized historical “company towns,” but few accounts yet have examined these communities as local governments. I use archival research to identify institutional continuities between corporate fiefdoms like industrialist George Pullman’s model town…

#### Article
### Abandoning Deportation Adjudication
##### by  *Aadhithi Padmanabhan*

The immigration court system—an executive agency that adjudicates hundreds of thousands of deportation cases every year—is experiencing profound crises of undercapacity and politicization of the adjudication process. Adjudicators in the system face extraordinary pressures to rush through cases as quickly as possible, even if that means ignoring material evidence or relying on biased heuristics to…

#### Note
### Municipalities and the Banking Franchise
##### by  *William D. Weightman*

The 2008 financial crisis spurred calls to create a financial system that is more responsive to social needs. Subsequently, scholarly and legislative efforts to develop a more democratic and accountable financial system have focused on public options: postal banking, bank accounts with the Federal Reserve, and a national investment authority. While efforts at the federal…

###### View Current & Past Print Volumes

## Recent Online Essays

### Threats to Contraception
##### by *Deborah Tuerkheimer*

Many question the future of the right to contraception after *Dobbs v. Jackson Women’s Health Organization*, but Deborah Tuerkheimer argues that the more immediate threats lie beyond the Supreme Court. Contraceptive access is eroding through three interconnected forces: post-*Dobbs* funding cuts and clinic closures, expanding parental- and conscience-based claims, and misinformation-driven cultural shifts that invite restrictive regulation. Together, these developments imperil contraception even as formal protections remain intact.

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### Protecting Consumers in a Post-Consent World
##### by *Mark A. Lemley*

In Charting a New Course on Digital Consumer Protection at the Federal Trade Commission, former FTC Chair Lina Khan and her co-authors Samuel Levine and Stephanie Nguyen set out a fundamentally new regulatory framework for privacy that seeks to move beyond the “notice and consent” paradigm that has dominated privacy law for a generation. They…

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### Tribal Sovereignty, Justice Gorsuch, and the Letter of the Law
##### by *Desmond Mantle*

I meant what I said, and I said what I meant. An elephant’s faithful, one hundred percent!  —Dr. Seuss, Horton Hatches the Egg Introduction This Comment seeks to defend Justice Neil Gorsuch’s approach to statutory interpretation, arguing against pragmatist efforts to reduce the Supreme Court’s reliance on textualism and against efforts by fellow self-proclaimed textualists…

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### What We Talk About When We Talk About (Indian) Sovereignty: Montana and the Application of General Statutes to Tribes
##### by *Annelisa Kingsbury Lee*

Montana v. US is a case about tribal civil jurisdiction. Yet it has had a second life in a surprising context: federal statutes of general applicability that do not mention tribes. This Comment explores the circuit split on these silent statutes and shows that Montana is the doctrinal lynchpin for every court that has considered…

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### Separation-of-Powers Formalism and Federal Indian Law: The Question of Executive Order Reservations
##### by *Isaac Cui*

Introduction The creation of Indian reservations largely coincided with and was facilitated by the development of presidential authority to withdraw public lands for Indian purposes. Of the roughly 42.8 million acres of total tribal trust lands in 1951, slightly over 23 million were set aside through executive order. That number far dwarfs any other method…

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