Patricia McCoy’s “With All Deliberate Speed: Discrimination in United States Insurance Law” (British Insurance Law Association Journal, 2022) examines risk classification in insurance and “proposes an overarching federal statute outlawing insurance discrimination in personal lines based on race, national origin, religion, gender, and like suspect classifications.” She is a prominent scholar in financial services regulation.
Thomas Mitchell, with Erica Levine Powers, edited Heirs’ Property and the Uniform Partition of Heirs Property Act: Challenges, Solutions, and Historic Reform (ABA Book Publishing, 2022). According to the American Bar Association, the book “addresses many challenges that have plagued disadvantaged families that own so-called heirs’ property [and] discusses a range of solutions to these problems.”
Ryan Williams, in the Harvard Journal of Law and Public Policy article “Lower Court Originalism,” analyzes the role of lower courts and whether they should use originalism in making decisions. His findings suggest “the need for a cautious and thoughtful approach that takes proper account of the institutional limitations of lower court decision-making.” Prior articles have been published in other top journals.
Katharine Young authored “Human Rights Originalism” (Georgetown Law Journal, 2022), which addresses the question: “Are human rights to be found in living instruments and practices that adapt to changing circumstances, or must they be interpreted according to their original meaning?” Young says this human rights argument is significant to human rights law, foreign policy, and originalism itself.
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