Month: August 2024

Author: Miranda Stafford The 1954 Supreme Court decision Brown v. Board of Educationdramatically altered the American public education system and, subsequently,the overall status of race relations in the United States. Brown, analyzinginstances of educational segregation across the country, found that thesegregation of students in the public school system on the basis of raceviolated the Constitution…. continue reading

Author: Collin Schaffhauser Contemporary American antitrust law finds itself constrained to anarrow conception of economics. Where the digital, data-driven, and serviceorientedeconomy grows increasingly ever-present in the American economyand our everyday lives, courts continue to utilize a purely economic theory ofantitrust that is unable to deal with the dilemmas of our digital, informationageeconomy: economic concentration in… continue reading

Author: The Honorable Dr. Melissa Lin Jones Law students studying torts for the bar exam see negligence insupermarket puddles. Probate attorneys see potential business in theobituaries. Workers’ compensation professionals see claims for benefits in thenews – a customer disgruntled by cold french fries leaps over a counter andassaults a cashier, a recently-fired employee returns to… continue reading

Authors: Kris Franklin and Sarah E. Chinn Perhaps the time has finally come to acknowledge the usuallysubterranean battles in legal work over the deployment of historical and socialcontext in law. Lawyers, judges, and legal scholars are always implicitly asking:what are we allowed to consider when we do legal analysis? How should weread and understand law?… continue reading

Author: Robert L. Greenberg Two particularly controversial topics in law are those around firearmrights and cannabis. Since its decision in District of Columbia v. Heller in 2008,the United States Supreme Court has taken a wider view of the SecondAmendment as an individual right under the Fourteenth Amendment.Contemporaneously, the individual states have been legalizing anddecriminalizing cannabis… continue reading

Author: Benedict Sheehy Legal research is important because the stakes are high for society as a whole,as well as for individuals’ whose rights and duties are under analysis. Theresearch is contentious, however, because there are deep philosophicaldisagreements about three main issues: what is law? what is “good”? and whatis a desirable social order? In answer… continue reading

Author: Julia Pickett With seemingly little regard to the consequences that this decision would haveon women, the Supreme Court decided to end constitutionally protected abortion rights in the United States in Dobbs v. Jackson Women’s Health Center. Many people are justifiably angry with the Democrats, who had almost 50 years to codify Roe into law,… continue reading

Author: Stephen Menendian Municipal land use—and zoning regulations in particular—has transformed inrecent years from an esoteric local development matter into a hotly debated andfiercely contested public policy issue. There are many academic and mainstreamperiodical articles published in recent years drawing attention to the harmfuleffects or deleterious consequences of exclusionary and restrictive zoning,investigating the origins of… continue reading

Author: Michael Hatch As the United States looks to put COVID-19 behind it, employers are slowly but surely making the pivot to return-to-office mandates. The impact of such a shift will inevitably lead to some segments of the population being forced to make a decision: lose their job because they do not want to return… continue reading

Author: Kristen Bentz In June 2022, the Supreme Court issued its opinion in Dobbs v. JacksonWomen’s Health Center, holding that the United States Constitution does notgrant the right to an abortion. Animating the Court’s decision was themajority’s view that abortion rights are neither expressly stated in theConstitution, nor embedded in the history and traditions adhered… continue reading