Mark Garibyan* Incoming first-year law students dread many aspects of what lies ahead: the cold calls, the challenging course load, and the general stress that is associated with starting a new phase in one’s life. Most students, however, do not expect that the Bluebook1—the citation system used ubiquitously throughout the legal landscape—will inflict “more pain” on them “than any other publication in legal history.”2 This pain might be a shock to many who are accustomed to the simpler systems utilized in other academic fields.3 A citation itself is, after all, merely a reference; it is “neither scholarship nor analysis.”4 Preferably, a system of citations needs to be simple and functional so as to not distract the reader from paying attention to the author’s reasoning. TheBluebook’s “complexity and insularity” made it anathema to many lawyers and stirred up significant criticism.5This Comment will explore the current rationales for the Bluebook’s eminence, followed by a discussion of theBluebook’s many shortcomings. Finally, it will propose a pragmatic alternative to the Bluebook that will satisfy the need for a useful system of citation without any of the tangential headaches. Read More
Levi Smith* The Clean Air Act (CAA)1 is the primary federal statute regulating the emission of air pollutants. First enacted in 1970, the CAA requires, inter alia, the federal government to establish air quality goals2 and states to develop implementation plans to achieve those goals.3 The most stringent requirements of the CAA are imposed on “new” or “modified” sources of pollution, such as sulfur dioxide, nitrous oxides, and particulate matter.4 Sources that were operating when the CAA was enacted are mostly exempt from regulation under the Act.5 Because of the substantial costs associated with the CAA standards, there is an incentive for existing sources to stay in operation instead of modifying existing or opening new facilities. This subverts the goals of the CAA because the most inefficient and polluting sources stay in operation rather than being replaced with newer, cleaner plants and new pollution control technologies. This Comment argues for federal regulation of existing sources of pollution under the CAA and suggests ways by which the federal government could encourage investment in newer and cleaner industrial sources. Read More
Hans Biebl* In May 2009, while promoting the legislation that would become the Patient Protection and Affordable Care Act (PPACA),1 President Obama said that rising health care costs threatened the balance sheets of both the federal government and private enterprise.2 He noted that any increase in health care spending consumes funds that “companies could be using to innovate and to grow, making it harder for them to compete around the world.”3 Despite the rancorous debate that surrounded this health care legislation and which culminated with the Supreme Court’s decision in National Federation of Independent Businesses,4 the PPACA was not a radical piece of legislation. It did not address the fundamental function that choosing health insurance plays in American society. Reform in health insurance must begin with treating health insurance more like fire insurance. In other words, health insurance should function more as a means to indemnify against catastrophic financial loss and less as a means to pay for routine medical care. By treating health insurance like other types of insurance that are carried for risk protection, the runaway medical bills that imperil American government and business can be constrained. This Comment first offers a survey of spending on health care in the United States. Next, it discusses the inefficiencies of Americans using health insurance to pay for routine medical expenses. Finally, this Comment proposes the elimination of government subsidies for employer-sponsored health insurance, which would create incentives for individuals to become healthier while also lowering their health care expenditures. Read More
Nicholas Pietropaolo* On January 1, 2012, the Michigan Fireworks Safety Act went into effect.1 It marked a significant change in how the state of Michigan treats the sale and use of “consumer fireworks.”2 Effectively, the new statute authorizes the sale and use of Roman Candles, bottle rockets, aerials, and other fireworks3 that had previously been banned.4 Almost immediately, challenges and complaints were raised. On one side, eight fireworks vendors challenged the constitutionality of one of the law’s provisions that required such vendors to purchase insurance at an arguably unreasonable rate.5 The court dismissed that case, holding that it could not be said that the Act’s insurance requirement lacked a rational basis.6 On the other side were local municipalities that opposed the new law and immediately sought to limit its impact in their jurisdictions. For example, Warren, Michigan passed an ordinance that would prohibit the use of fireworks within 30 feet of a residential building.7 Though provisions of the law might need adjustment once their impact is seen, this is not something that should be done prematurely. This Comment advocates a careful, calculative approach to potential reforms of Michigan’s nascent fireworks law. Instead of changing the law, the legislature should hold off on any revisions until the law’s full impact can be seen. Read More
Robert L. White* There are a number of reasons why legislative reform mandating the use of in-car cameras in police cruisers would benefit the criminal justice system in Illinois. In-car cameras provide evidence for cases involving traffic violations or intoxicated motorists.1 They produce instantly available training materials.2 They also assist victims of police misconduct,3 as well as officers defending themselves against misconduct claims.4 This Comment looks to add to this list of benefits the role in-car cameras can play in assessing the validity of consents to search that officers obtain during traffic stops. Read More
James Santiago* The requirement that only men register with the Selective Service System1 is in need of reform for many reasons. One reason that has largely been unexplored is the public’s disconnect with the military and the recent wars in Iraq and Afghanistan. Women are actively engaged in those wars in our all-volunteer force, but women are not required to register with the Selective Service. Failure to register can have tremendous legal consequences for men, such as ineligibility for student loans with an answer of “no” to question #22 on the Free Application for Federal Student Aid (FAFSA).2 There are many consequences of such a system—such as a disparity in treatment between similarly situated men and women—but another social consequence is the lack of a broad-based public interest when our nation goes to war. Read More
Hans Biebl* Gas and coal are cheap. They are cheap because the U.S. government subsidizes their production.1 The result is that the marketplace does not recognize the true cost of fossil fuels. Without the subsidies, Americans—for the first time in nearly a hundred years—would experience the cost of unsubsidized fossil fuels.2 In a newly competitive marketplace, renewable sources of energy would be in a better position to compete. Without gas and coal subsidies, clean energy producers, who have not been able to compete with the low price of fossil fuels, might be more willing to invest in “clean, renewable, and more energy efficient technologies.”3 This Comment first provides a brief history of U.S. energy policy over the last 100 years. Next, this Comment discusses how past free market reforms have failed to change the energy marketplace. Third, this Comment proposes that two provisions of the U.S. tax code that give preferential treatment to oil and gas producers be eliminated. Read More
Eloise Pasachoff* The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines.1 Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs.2 The message ofThe Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is simple: these strategies are more educationally effective than other reform strategies; they are more cost effective; and recognizing these facts has important implications for a number of pressing law-reform choices at the federal, state, and local levels. Read More
Jeremy Garson* In the wake of Hurricane Sandy, New Jersey allowed displaced residents to vote in the 2012 elections by email.1 The option to vote online has been available to military members stationed overseas since 2009.2 New Jersey’s decision to open online voting to civilians raises the question of why this shift didn’t take place sooner. Assuming New Jersey’s system holds up under post-election scrutiny, why not utilize it to the fullest extent possible?3 Online voter registration is already permitted by eleven states,4 including the liberal, infrastructure-rich, population-heavy California and the conservative, sparsely populated Alaska.5 Extending the registration system to voting itself could save taxpayers significant amounts of money,6 encourage young people to get involved in politics early on, and provide millions of Americans with a more convenient way to vote. Read More
Brett Novick* In March 2012, social network privacy became a conversation topic after news reports of the story of Justin Bassett, a job applicant who withdrew his application in the middle of an interview when the interviewer asked him for the username and password of his private Facebook account.1 Although the issue has received much attention from the public and media, the Department of Justice (DOJ) has stated that it has no interest in prosecuting employers for asking for social networking account information.2 Fortunately, legislation that would make it illegal for employers to ask for the username and passwords for social networking sites as a condition of hiring a candidate is currently being considered at the state and federal levels.3 While this is a necessary reform, legislatures should go one step further and truly protect private social networking by preventing employers from accessing these accounts through other methods. Read More
