University of Southern California

Volume 87, Number 2 (January, 2014)

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    (D)evolving Standards of Decency: The Unworkability of Current Eighth Amendment Jurisprudence as Illustrated by Kosilek v. Spencer
    Note by Rachael Rezabek

    Michelle (Robert) Kosilek first exhibited signs of gender identity disorder (“GID”) at the tender age of three years old. An orphan during most of her early childhood, Kosilek would sneak over to the female side of the Catholic orphanage where she lived so that she could “wear girls’ clothing and play with girls”—behaviors for which she received severe physical punishment. Undeterred, Kosilek continued to exhibit signs of GID throughout her childhood and adolescence; she also continued to be abu...

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    Performance-Enhancing Drugs in Boxing: Preventing the Sweet Science from Becoming Chemical Warfare
    Note by Jonathan H. Koh

    Throughout its history, the sport of boxing has been known as much for its corruption and scandals as its courageous fighters and memorable bouts. Indeed, it has been referred to by some as the “red light district of sport[s].” Even today, boxing is plagued by fixed fights, exploitative promoters, greedy sanctioning organizations, unnecessary health risks to boxers, incompetent state athletic commissions, and a confusing array of weight divisions with a multitude of world champions. In fact, som...

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    Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law
    Article by Christopher Buccafusco & Jonathan S. Masur

    The scope and enforcement of intellectual property (“IP”) laws are becoming salient, for the first time, to a wide cohort of U.S. and international communities. National and international legislation, including the Stop Online Piracy Act (“SOPA”), the PROTECT IP Act (“PIPA”), and the Anti-Counterfeiting Trade Agreement (“ACTA”), have generated protests online and in the streets by people who are concerned about the expansion of IP rights. Common to each of these proposals was an expansion of the...

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    Understanding Insurance Antidiscrimination Laws
    Article by Ronen Avraham, Kyle D. Logue, & Daniel Schwarcz

    Insurance companies are in the business of discrimination. Insurers attempt to segregate insureds into separate risk pools based on the differences in their risk profiles, first, so that different premiums can be charged to the different groups based on their differing risks and, second, to incentivize risk reduction by insureds. This is why we let insurers discriminate. There are limits, however, to the types of discrimination that are permissible for insurers. But what exactly are those limits...

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