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Articles 1 - 30 of 33
Full-Text Articles in Law
Together And Apart In An Online Classroom, Laura A. Heymann
Together And Apart In An Online Classroom, Laura A. Heymann
Popular Media
No abstract provided.
We Must Restore Americans' Faith In Our Federal Bench, A. Benjamin Spencer
We Must Restore Americans' Faith In Our Federal Bench, A. Benjamin Spencer
Popular Media
No abstract provided.
The Importance Of Transparent Elections, Rebecca Green
The Importance Of Transparent Elections, Rebecca Green
Popular Media
No abstract provided.
Recounts And Ballot Challenges In The 2020 Presidential Election: Legal Expert Provides Insights, Bruce Brumberg, Rebecca Green
Recounts And Ballot Challenges In The 2020 Presidential Election: Legal Expert Provides Insights, Bruce Brumberg, Rebecca Green
Popular Media
No abstract provided.
Could The Gig Economy Send Another Faa Disagreement To The Supreme Court?, Peter B. Rutledge, Jacob Bohn
Could The Gig Economy Send Another Faa Disagreement To The Supreme Court?, Peter B. Rutledge, Jacob Bohn
Popular Media
The Federal Arbitration Act ordinarily obligates federal and state courts to enforce arbitration agreements, including in employment contracts. However, a nearly-century-old carveout in Section 1 exempts from the FAA's sweep contracts of employment for seamen, railroad workers or other individuals "engaged in foreign or interstate commerce." The "gig" economy has spawned increased litigation over the carveout's scope—specifically, whether it applies to certain categories of workers, ranging from Amazon drivers to Grubhub delivery workers. Disagreements are emerging among the federal courts, the law is uncertain in the Eleventh Circuit, and Supreme Court review may soon be called for.
Those Who Can Vote Are Duty-Bound To Do So, A. Benjamin Spencer
Those Who Can Vote Are Duty-Bound To Do So, A. Benjamin Spencer
Popular Media
No abstract provided.
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin
Argument Analysis: Justices Spar Over Stare Decisis, Originalism, Text And What Counts As A Fourth Amendment “Seizure”, Jeffrey Bellin
Popular Media
No abstract provided.
Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin
Case Preview: When Is A Fleeing Suspect “Seized”?, Jeffrey Bellin
Popular Media
The Fourth Amendment prohibits unreasonable “searches” and “seizures.” On Wednesday, the Supreme Court is scheduled to hear oral argument in Torres v. Madrid, a case that will provide important guidance on what constitutes a Fourth Amendment seizure. Here’s a rundown of the case starting with the relevant facts and procedural history, followed by a discussion of the legal issues and finally a couple of things to watch for at the argument.
Fostering States As Laboratories, Myrisha S. Lewis
Fostering States As Laboratories, Myrisha S. Lewis
Popular Media
No abstract provided.
Yearning For An Independent Federal Judiciary, A. Benjamin Spencer
Yearning For An Independent Federal Judiciary, A. Benjamin Spencer
Popular Media
No abstract provided.
Senators Treat Female Supreme Court Nominees Differently. Here’S The Evidence., Lori A. Ringhand, Christina L. Boyd, Paul M. Collins, Jr.
Senators Treat Female Supreme Court Nominees Differently. Here’S The Evidence., Lori A. Ringhand, Christina L. Boyd, Paul M. Collins, Jr.
Popular Media
Over the weekend, President Trump nominated Judge Amy Coney Barrett to fill the Supreme Court seat left empty by Justice Ruth Bader Ginsburg’s death. Senate Majority Leader Mitch McConnell (R-Ky.) has promised to move the nomination swiftly through to confirmation. As a result, the nation’s attention will soon turn to Barrett’s confirmation hearings in the Senate Judiciary Committee. Based on our empirical examinations of every question asked and every answer given at the hearings since the first in 1939, here is what to expect.
As She Lies In State, A Tribute To Justice Ginsburg, Katherine Mims Crocker
As She Lies In State, A Tribute To Justice Ginsburg, Katherine Mims Crocker
Popular Media
No abstract provided.
The Meaning Of Mcdonald's [(R)], Laura A. Heymann
Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger
Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger
Popular Media
Federal law authorizes district courts to order discovery for use in a proceeding before a "foreign or international tribunal." While that law, 28 U.S.C. § 1782, permits interested persons to request such discovery, neither the statutory language nor Supreme Court jurisprudence definitively resolves whether private arbitral tribunals fall within its scope. Unsurprisingly, the lack of clear guidance on this matter has triggered a circuit split, with the Second and Fifth Circuits generally declining to extend § 1782 to private arbitral tribunals while the Fourth and Sixth Circuits broadly interpret the statutory language to apply § 1782 to private arbitral tribunals. …
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren
Popular Media
No abstract provided.
Marginal Benefits Of The Core Securities Laws, Kevin S. Haeberle
Marginal Benefits Of The Core Securities Laws, Kevin S. Haeberle
Popular Media
No abstract provided.
What The Lawyers Who Sue The Press Think Of The Press, And Media Law, Jonathan Peters
What The Lawyers Who Sue The Press Think Of The Press, And Media Law, Jonathan Peters
Popular Media
“HAVE A SCORE TO SETTLE WITH THE PRESS? Charles Harder, the media lawyer who ground Gawker.com to dust, is your man.”
That was the subhead of a GQ profile of Harder published in 2016, after he won a $140 million jury verdict for Hulk Hogan against Gawker (later settled for $31 million). The profile went on to say that Harder had established himself “as perhaps the greatest threat in the United States to journalists, the First Amendment, and the very notion of a free press.”
Whether or not that’s true, Harder has said it would be “awesome” if the Gawker …
United States Patent And Trademark Office V. Booking.Com B.V.: How Do We Know When Something Is A Name?, Laura A. Heymann
United States Patent And Trademark Office V. Booking.Com B.V.: How Do We Know When Something Is A Name?, Laura A. Heymann
Popular Media
No abstract provided.
Improving Community Safety Means Addressing Police Violence As A Public Health Problem, Kami Chavis, Josh Horwitz
Improving Community Safety Means Addressing Police Violence As A Public Health Problem, Kami Chavis, Josh Horwitz
Popular Media
JURIST Guest Columnists from the Educational Fund to Stop Gun Violence Kami Chavis, a law professor at Wake Forest University, and Josh Horwitz, the Fund's executive director, discuss ways to address systemic police violence against people of color.
A Fair Process Matters In Alleged Sexual Assault Cases, Cynthia V. Ward
A Fair Process Matters In Alleged Sexual Assault Cases, Cynthia V. Ward
Popular Media
No abstract provided.
Symposium: Liquidating Elector Discretion, Rebecca Green
Symposium: Liquidating Elector Discretion, Rebecca Green
Popular Media
No abstract provided.
Were Justices Lawyers?, Thomas J. Mcsweeney
Legal Genres, Thomas J. Mcsweeney
Who Are The "We"?, Thomas J. Mcsweeney
Putting The People Into Legal History, Thomas J. Mcsweeney
Putting The People Into Legal History, Thomas J. Mcsweeney
Popular Media
No abstract provided.
Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer
Abortion Case May Not Overturn Roe, But Could Effectively Nullify It, A. Benjamin Spencer
Popular Media
No abstract provided.
The Overly Familiar Treatise, Thomas J. Mcsweeney
Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer
Justices Make The Tough-- But Right-- Call In Cross-Border Shooting Case, A. Benjamin Spencer
Popular Media
No abstract provided.
First, We'll Neuter All The Judges, A. Benjamin Spencer
First, We'll Neuter All The Judges, A. Benjamin Spencer
Popular Media
No abstract provided.
The Redistricting Amendment Will Strengthen Democracy In Virginia, Alex Keena, Michael D. Gilbert, Rebecca Green
The Redistricting Amendment Will Strengthen Democracy In Virginia, Alex Keena, Michael D. Gilbert, Rebecca Green
Popular Media
No abstract provided.