HOW MARRIAGE BECAME OPTIONAL: COHABITATION, GENDER, AND THE EMERGING FUNCTIONAL NORMS

In 1953, sociologist Ray E. Baber confidently asserted that the “opportunity which marriage affords for constant and complete companionship with the person most loved, with the full sanction of society, is its greatest single attraction.” Another mid-20th century text, Paul H. Landis’ “Making the Most of Marriage”, referred to the “long-accepted idea that marriage is… continue reading

LOUIS VUITTON MALLETIER V. AKANOC SOLUTIONS, INC.: WHY ISPS SHOULD BE HELD LIABLE FOR KNOWINGLY HOSTING WEBSITES THAT SELL COUNTERFEIT PRODUCTS

Courts of the United States have routinely neglected to hold Internet Service Providers (“ISPs”) liable for contributory copyright and trademark infringement. However, on August 28, 2009, in Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., eight jurors out of the Northern District of California found two ISPs liable for $32.4 million in damages to French… continue reading

EXAMINING THE POLICY IMPLICATIONS OF THE SPLIT AMONG CIRCUIT AND DISTRICT COURTS IN REGARDS TO CAUSES OF ACTION AGAINST PUBLIC EMPLOYERS UNDER THE FAMILY AND MEDICAL LEAVE ACT, PARTICULARLY IN VIEW OF THE RECENT DECISION IN SADOWKI V. U.S. POSTAL SERVICE,

The Family and Medical Leave Act of 1993 (FMLA) was intended to provide unpaid family and medical leave to employees suffering from a serious medical condition, or to employees having to take care of an immediate family member– including a foster or adoptive child–for up to twelve weeks. As part of the FMLA, an employee… continue reading

IMPLICATIONS OF THE PARENTAL RIGHT TO UNILATERALLY REVOKE CONSENT OF SERVICES ON THE RIGHTS OF A CHILD WITH LEARNING DISABILITIES UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

The Supreme Court and Congress have recognized the importance of education in American society as early as the 1950s when the Court in Brown v. Board of Education declared education to be “perhaps the most important function of state and local governments.” While education has traditionally been under the control of local governments, the federal… continue reading

THE VERBAL THRESHOLD SINCE BROOKS V. ODOM: THE UNCERTAINTY OF PUBLIC ENTITY LIABILITY FOR PAIN AND SUFFERING DAMAGES IN NEW JERSEY

Mary Motorist is stopped at a red light when she is startled by a loud crash. Her head jerks forward as her car is shaken. She has just been rear-ended by Cathy Careless, a New Jersey Department of Transportation (“DOT”) worker on her way to an appointment in a state vehicle. The two exchanged insurance… continue reading

TAXING DISCRIMINATION VICTIMS: HOW THE CURRENT TAX REGIME IS UNJUST AND WHY A HYBRID INCOME AVERAGING AND GROSS UP REMEDY PROVIDES THE MOST EQUITABLE SOLUTION

The United States Congress has utilized its constitutionally enumerated powers under the Commerce Clause and the Fourteenth Amendment to enact laws with the goal of ending harmful workplace discrimination. The seminal federal employment discrimination laws that were passed to achieve this noble end include Title VII of the Civil Rights Act of 1964, the Age Discrimination… continue reading

SYMPOSIUM

I’m here to support my wife, but I’m, in truth, fascinated by this conversation. I have two factual questions to ask, which seem to be fairly fundamental and the first, I think, could be for Kim. And that is how do you price the labor? You said it could be six figures, but it seems… continue reading

THE WINDING ROAD TO THE TWO-DAD FAMILY: ISSUES ARISING IN INTERSTATE SURROGACY FOR GAY COUPLES

In recent decades, medical technology has advanced rapidly to allow couples who cannot conceive using traditional means the opportunity to bear children through assisted reproductive technology (ART). These advances in ART have accompanied, and sometimes driven, societal shifts in parenting norms and the broader acceptance of non-traditional families. For lesbian, gay, bisexual and transgender (LGBT)… continue reading