Law Commons^™

Immigration, Retaliation, And Jurisdiction, Daniel E. Simon

University of Chicago Legal Forum

No abstract provided.

When Free Speech Isn’T Free: The Rising Costs Of Hosting Controversial Speakers At Public Universities, Rebecca Roman

University of Chicago Legal Forum

No abstract provided.

“Segs And The City” And Cutting-Edge Aesthetic Experiences: Resolving The Circuit Split On Tour Guides’ Licensing Requirements And The First Amendment, Marie J. Plecha

University of Chicago Legal Forum

No abstract provided.

Preserving A Democratic Shield: First Amendment Challenges To Michigan’S Independent Redistricting Commission, Michael Ortega

University of Chicago Legal Forum

No abstract provided.

The Practice Of Prayer At School Board Meetings: The Coercion Test As A Framework To Determine The Constitutionality Of School Board Prayer, Claire Lee

University of Chicago Legal Forum

No abstract provided.

Climate Change Disclosures After Nifla, Daniel Abrams

University of Chicago Legal Forum

No abstract provided.

The Majoritarian Press Clause, Sonja R. West

University of Chicago Legal Forum

No abstract provided.

Lapidation And Apology, Cass R. Sunstein

University of Chicago Legal Forum

Groups of people, outraged by some real or imagined transgression, often respond in a way that is wildly disproportionate to the occasion, thus ruining the transgressor’s day, month, year, or life. To capture that phenomenon, we might repurpose an old word: lapidation. Technically, the word is a synonym for stoning, but it sounds much less violent. It is also obscure, which makes it easier to enlist for contemporary purposes. Lapidation plays a role in affirming, and helping to constitute, tribal identity. It typically occurs when a transgressor is taken to have violated a taboo, which helps account for the different …

Free Speech And The “Unique Evils” Of Public Accommodations Discrimination, Elizabeth Sepper

University of Chicago Legal Forum

No abstract provided.

Free Speech Overrides, Frederick Schauer

University of Chicago Legal Forum

No abstract provided.

Discrimination, The Speech That Enables It, And The First Amendment, Helen Norton

University of Chicago Legal Forum

No abstract provided.

Defending Speech Crimes, Judith P. Miller

University of Chicago Legal Forum

No abstract provided.

The First Amendment As A Procrustean Bed?: On How And Why Bright Line First Amendment Tests Can Stifle The Scope And Vibrancy Of Democratic Deliberation, Ronald J. Krotoszynski Jr.

University of Chicago Legal Forum

No abstract provided.

Uncommon Law: The Past, Present And Future Of Libel Law In A Time Of “Fake News” And “Enemies Of The American People”, Jane E. Kirtley

University of Chicago Legal Forum

No abstract provided.

Must Free Speech Be Harmful?, Leslie Kendrick

University of Chicago Legal Forum

No abstract provided.

Is There An Anti-Democracy Principle In The Post- Janus V. Afscme First Amendment?, Charlotte Garden

University of Chicago Legal Forum

No abstract provided.

The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Danielle Keats Citron, Mary Anne Franks

University of Chicago Legal Forum

No abstract provided.

The Shifting Law Of Sexual Speech: Rethinking Robert Mapplethorpe, Amy Adler

University of Chicago Legal Forum

No abstract provided.

Whole Issue 2020

University of Chicago Legal Forum

THE UNIVERSITY OF CHICAGO LEGAL FORUM VOLUME 2020

Pattern Recognition In Tyus V Urban Search Management, Lee Anne Fennell

University of Chicago Law Review

Making judgments requires recognizing patterns—paying attention and picking out recurrent features in a noisy environment. Judge Diane Wood’s opinion in Tyus v Urban Search Management¹ is a masterwork in pattern recognition at several levels. It speaks to the need for legal doctrines capable of reaching subtle and cumulative acts of discrimination that continue to limit opportunities and stand in the way of the “truly integrated and balanced living patterns”² that were part of the original vision of the federal Fair Housing Act³ (FHA).

Tyus involved advertising campaigns used to market The New York, an upscale Chicago apartment …

Swanson V Citibank And The 1l Canon, William H.J. Hubbard

University of Chicago Law Review

Part of what’s special about teaching 1Ls is that 1L year initiates law students into the community of lawyers. This community not only shares a common set of professional commitments and qualifications. Thanks to their 1L courses, lawyers share familiarity with a pantheon of famous cases that have been taught for decades. These canonical cases connect the law school experiences of generations of lawyers.

Civil procedure has its share of these classics. Virtually every first-year law student learns the Strawbridge rule for federal diversity jurisdiction.¹ International Shoe is part of every 1L’s vocabulary.² And no law student who …

Death As Divorce For The Abandoned Spouse: Davis V Combes And The Cautious And Gender-Sensitive Judiciary, Saul Levmore

University of Chicago Law Review

No abstract provided.

Substitutes, Complements, And Irritants: Garza V Lappin And The Role Of International Law In Us Courts, Tom Ginsburg

University of Chicago Law Review

What is the relationship between US law and international law? This is the core question of the academic field of foreign relations law, but it is also a life-or-death issue for some people. In recent years, a series of cases involving death-row defendants has made its way to the federal courts, presenting a novel set of claims. This Essay discusses one such case, Garza v Lappin,¹ decided in 2001. The opinion by Judge Diane Wood is characteristically scrupulous, but is not among her best known, and was hardly controversial at the time.² Still, it is a useful case …

The Double Movement Of National Origin Discrimination, Aziz Huq

University of Chicago Law Review

Jose Figueroa’s case presented “little out of the ordinary” for the federal courts¹. His was a “multimillion-dollar” drug operation run out of Wisconsin that fell apart when a dealer and a partner flipped and gave testimony for the government.² Only in the closing moments of sentencing ³ did Figueroa’s case take an unusual turn, one that would in due course elicit an unusual opinion from Judge Diane Wood of the Seventh Circuit Court of Appeals. In the process of assigning Figueroa to the “low end of Figueroa’s advisory guidelines range,” ⁴ District Court Judge Rudolph T. Randa …

Judge Wood Meets International Tax, Julie Roin

University of Chicago Law Review

There is always a danger in having courts of general jurisdiction rule on issues involving the application of technical pieces of specialized legislation. Judges in these courts generally lack the background necessary to understand the interactions between the particular issue(s) under scrutiny and the larger legislative or regulatory picture. And unfortunately, the parties, usually operating under strict space constraints in their briefs, often fail to educate the judges about that larger picture. That is the situation Judge Diane Wood found herself in twenty-two years ago when it fell to her to write the opinion in Amoco Corp v Commissioner of …

Data Security’S Unjust Enrichment Theory, Lior Jacob Strahilevitz

University of Chicago Law Review

Remijas v Neiman Marcus Group, LLC,¹ is Judge Diane Wood’s most famous data security opinion, and for good reason. The opinion is elegantly written and refreshingly pragmatic with respect to an issue that has prompted other courts to fall into the trap of empty formalism. Yet the opinion is not perfect, and this Essay celebrating Wood’s silver anniversary on the bench will argue that it missed an opportunity to solve a vexing and important problem that arises when data breach suits are brought in federal court.

Harassment And Capabilities: Discrimination And Liability In Wetzel V Glen St. Andrew Living Community, Llc, Martha Craven Nussbaum

University of Chicago Law Review

No abstract provided.

Migratory Birds And The Administrative State, David A. Strauss

University of Chicago Law Review

Solid Waste Agency of Northern Cook County v United States Army Corps of Engineers,¹ a case in which Judge Diane Wood wrote the opinion for a unanimous Seventh Circuit panel, addressed important questions about both the Commerce Clause and the Clean Water Act² (CWA). The Supreme Court reversed the Seventh Circuit’s decision by a vote of five to four. To read the Supreme Court’s majority opinion side by side with Judge Wood’s is to see a contrast that does not, to put it mildly, make the Supreme Court look good. Judge Wood’s opinion is lucid, careful, and measured; …

Necessary “Procedures”: Making Sense Of The Medicare Act’S Notice-And-Comment Requirement, Josh Armstrong

University of Chicago Law Review

The Supreme Court’s recent decision in Azar v Allina Health Services, Inc opened and then declined to resolve a new question of administrative law. In that case, the Court affirmed the DC Circuit’s holding that the Medicare Act, unlike the Administrative Procedure Act (APA), did not exempt so-called “interpretive rules” from notice and comment. Crucially, however, the Supreme Court declined to give any further guidance as to what rules the Medicare Act’s notice-and-comment provision does cover. This lack of guidance added further confusion to an already-murky area of law: the DC Circuit’s current interpretation of the Medicare statute, which is …

A (Very) Unlikely Hero: How United States V Armstrong Can Save Retaliatory Arrest Claims After Nieves V Bartlett, Brenna Darling

University of Chicago Law Review

In Nieves v Bartlett, the Supreme Court holds that plaintiffs alleging retaliatory arrests are generally required to prove a lack of probable cause to arrest; there is one small exception for plaintiffs who can demonstrate by “objective evidence” that similarly situated individuals would not have been arrested but for the protected speech at issue. Unfortunately, neither the general rule nor the exception in this re-cent ruling will help many victims of retaliation. The expansion of the criminal code to cover petty indiscretions means police officers will not have any difficulty identifying probable cause to arrest for something. As to the …