Law Commons^™

The Original Meaning Of Commerce In The Indian Commerce Clause, Gregory Ablavsky

Connecticut Law Review

In Haaland v. Brackeen, the Supreme Court returned to the foundational question of federal authority over relations between the United States and Native nations, long known as “Indian affairs.” The decision reaffirmed well-established precedent affirming broad federal authority in the area, but it also underscored ongoing disagreement, as Justices Gorsuch and Thomas offered lengthy and dueling investigations of the original understanding.

This Essay explores one aspect of that history: the original meaning of “commerce” in the Indian Commerce Clause. Nearly a decade ago, I wrote an article that sought, as its title indicated, to move “beyond the Indian Commerce Clause.” …

Physical Fitness And The Police: The Case For Unisex Testing, Peter Siegelman

Connecticut Law Review

Many jurisdictions require applicants for police jobs to take physical fitness tests, many of which have easier passing requirements for women than for men. While the goal of increasing women’s representation among police is laudable, this Article argues that the use of gendered cutoff scores violates Title VII for two distinct reasons: not only does it constitute disparate treatment under the core provision of the statute, but it also violates a separate Section that expressly bars the use of different cutoff scores by gender. (Surprisingly, the very few cases to have considered these issues have wrongly concluded that gendered cutoff …