Author: Carl S. Bisgaier In 1975, the New Jersey Supreme Court issued its decision in Southern Burlington County NAACP v. Mount Laurel Township, requiring municipalities in the the state to provide their “fair share” of affordable housing to meet a region’s affordable housing needs. Commonly known as Mount Laurel I, this decision paved the way… continue reading
Author: Zachary Carr A legitimacy crisis seems to be brewing in the Court, and in order to maintain their authority, the Court will need to resistacting in ways that continue to erode public confidence. Even if the justices can cure their ethical lapses, further threats to institutional legitimacy come from the other branches of government…. continue reading
Author: Edward D. Cavanagh The landmark settlement in House v. NCAA heralds a new era in intercollegiate athletics. For the first time, colleges and universities will be authorized to pay their athletes directly. For decades, NCAA rules barred member schools from paying their athletes, even as college sports programs generated hundreds of millions of dollars… continue reading
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
