Law Commons^™

Your Supervisor As Your Chattel: Broadening The Scope Of Negligent Hiring And Retention In Illinois, Philip F. Vieira

Seventh Circuit Review

In Illinois, employers have a duty to act reasonably in hiring and retaining their employees. An employer who negligently hires or retains an employee may be liable for injuries caused by that employee even if the employee is acting outside the scope of employment. Of course, this doctrine has to have some limit. Otherwise, employers would be responsible for practically any injury committed by one of its employees, even if it is only tangentially related to the fact of employment. However, courts have struggled to define that outer limit. Particularly when faced with horrific injuries, courts may be tempted to …

Mirror, Mirror On The Wall, Are They Trainees And Not Employees At All? The Legality And "Economic Reality" Of Unpaid Internships, Beatriz Carrillo

Seventh Circuit Review

The number of unpaid internships has skyrocketed over the past years as employers seem to prefer those with experience in the field. “Experience” has become the currency that college students seek to open the door to future employment. Unpaid interns have become the modern-day equivalent of entry-level employees. However, they are not paid for the hours worked and lack the normal employment protections offered to employees, such as FLSA and Title VII protections. The court's interest recently has been sparked to define the roles of interns in the labor force and has started to shape intern’s legal protections. As a …

The “Animus” Briefs: Attacks On The Seventh Circuit’S Sound Analysis Of Transgender Bathroom Rights In Public Schools, Brennan B. Hutson

Seventh Circuit Review

You have probably heard about state legislatures floating the idea of “bathroom laws” that would prohibit transgendered individuals from using the bathroom of their gender identity in public places. Although no state has actually signed such legislation into law, the spirit of those anti-transgender laws has been carried out in smaller governmental entities: public schools. Unlike a hypothetical state law, which would be nearly impossible to enforce without state officials performing inspections of genitals, a school policy is truly enforceable and has real effects.

Outgrowing Its Usefulness: Seventh Circuit Limits The Application Of The Common Actor Inference In Title Vii Discrimination Cases, Michael G. Zolfo

Seventh Circuit Review

Can a person harbor discriminatory views toward protected minority groups, yet still hire a member of that group as an employee? Under Title VII jurisprudence, the “common actor inference” holds that if the same supervisor hires and fires an employee in a short time period, that supervisor likely did not have a discriminatory reason for the employment decision. The common actor inference has been accepted and used across all U.S. Circuit Courts of Appeal, but was recently criticized and limited by the Seventh Circuit.

Restoring The Establishment Clause To The States; Restoring Religious Tolerance, Golden Gate University Law Review

GGU Law Review Blog

In recent years, the Supreme Court has recognized the downturn of consistent and reliable Establishment Clause jurisprudence. The inconsistency of opinions and the often hostile outcomes have left the Establishment Clause in “shambles”. Justices have commented that there is no other area of law in more desperate need of repair than the Establishment Clause. One reason posited for the current state of confusion is that the Establishment Clause was never intended to be incorporated. Because of this, even the Supreme Court cannot agree on a single test or even consistently apply the many tests it currently employs.

Wilfrid J. Waluchow: El Positivismo Incluyente Y El Constitucionalismo Del “Árbol Vivo” [Wilfrid J. Waluchow: Inclusive Legal Positivism And The Understanding Of Constitutionalism In The Living Three], Jorge Luis Fabra-Zamora

Journal Articles

Este artículo presenta los dos temas centrales de la filosofía del derecho de Wilfrid J. Waluchow –el positivismo incluyente y el constitucionalismo del “árbol vivo”– con una exposición crítica de sus principales tesis, los contextos en los que surgen y las principales objeciones y desaf íos a los que aún deben responder.

[This paper addresses the two main Wilfred J. Waluchow’s research interests on philosophy of law, namely Inclusive Legal Positivism and the Constitutionalism presented in The Living Tree. The author provides us with a critical exposition of Waluchow’s main theses and a proper background where Waluchow’s philosophy is set, …

Omar Abdel-Aleem Et Al., Order Granting Motion To Disqualify, Melvin Westmoreland

Georgia Business Court Opinions

No abstract provided.

The Pariah Principle, Daniel A. Farber, Suzanna Sherry

Suzanna Sherry

Argues the decision in the homosexuality case of `Romer versus Evans' means that Colorado's Amendment Two is invalid regardless of the level of judicial scrutiny. Failure of the `Romer' court to invoke familiar doctrinal support; Government's ban on untouchable societal groups; Arguments for invalidating Amendment Two; Definition of the pariah principle.

The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry

Suzanna Sherry

No abstract provided.

The Barking Dog, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry

Suzanna Sherry

What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of sexual orientation. In Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston,3 the Court upheld the right of parade organizers to exclude gay-rights banners. In Zelman v. Simmons-Harri4s , the Court permitted government funding of religious schools through vouchers issued to low-income parents. And in Rosenberger v. Rector and Visitors of the University of Virginia, the Court required state funding of the …

Two Hundred Years Ago Today, Suzanna Sherry

Suzanna Sherry

There is a tendency in the bicentennial year-and especially this week-to idealize the events of 1787. We tend to presume that the men who wrote the Constitution were near-perfect demigods, who crafted a brilliant and internally consistent document from their own insights. We assume that the Constitution represents the consensus of opinion of those fifty-five men, and even of the population at large in 1787. I want to debunk those myths. I want to talk instead about the problems, about the mistakes, and about the very different visions of government that were represented at the Constitutional Convention. In short, I …

Separation Of Powers: Asking A Different Question, Suzanna Sherry

Suzanna Sherry

What I find most intriguing about Professor Casper's essay1 is its historical description of the founders' attitude not so much toward "separation of powers," but toward separation of powers "questions." In other words, I am more interested in how the founders approached questions and in the sources of their answers than in the substance of those answers. In comparing Professor Casper's description of the late eighteenth-century approach to separation of powers questions with the predominant way of asking separation of powers questions today, I find that the two are quite different. The difference in approach is equivalent to the difference …

Plus Ìàa Change ... Or If Hard Cases Make Bad Law, What Do Bad Cases Make?, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Perspectives: Law In The Grand Manner, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Politics And Judgment, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Judicial Independence: Playing Politics With The Constitution, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Justice O'Conner's Dilemma: The Baseline Question, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Overruling Erie: Nationwide Class Actions And National, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Our Unconstitutional Senate., Suzanna Sherry

Suzanna Sherry

No abstract provided.

Judicial Federalism In The Trenches: The Rooker-Feldman Doctrine In Action, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Habeas Corpus And State Sentencing Reform: A Story Of Unintended Consequences, Nancy J. King, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Implied Limits On The Legislative Power: The Intellectual Property Clause As An Absolute Constraint On Congress, Paul J. Heald, Suzanna Sherry

Suzanna Sherry

Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins by looking at other limits on the legislative power that the Court has found in the Bankruptcy Clause, the Eleventh Amendment, the Tenth Amendment, and Article III. Then by examining the history and structure of the Intellectual Property Clause and relevant precedent, they distill four principles of constitutional weight--the Suspect Grant Principle, the Quid Pro Quo Principle, the Authorship Principle, and the Public Domain Principle. These principles inform the Court's …

All Or Nothing: Explaining The Size Of Supreme Court Majorities, Paul H. Edelman, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Book Review: Gender Justice. By David L. Kirp, Mark G. Yudof, Marlene S. Franks., Suzanna Sherry

Suzanna Sherry

Book review: Gender Justice. By David L. Kirp, Mark G. Yudof, Marlene S. Franks. Chicago, Il.: University of Chicago Press. 1986. Pp. x, 296. Reviewed by: Suzanna Sherry.

Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours, Suzanna Sherry

Suzanna Sherry

Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the Constitution's defects and understates the risks of submitting it to a constitutional convention for revision. It exposes the hidden biases in Levinson's analysis and defends the counter-majoritarian aspects of the Constitution that Levinson criticizes. Chemerinsky is one of the leading constitutional scholars of our time and a frequent advocate before the U.S. Supreme Court. If he thinks there is a case to be made against the Court, we …

Introducing New Voices, Suzanna Sherry

Suzanna Sherry

Students rarely have the time to repackage last semester's research for submission to law reviews. Even if they do, law reviews are loathe to publish work submitted by students. Publication in a peer-reviewed journal is unlikelier still. Enter NEW VOICES. Our best students are the next generation of scholars, the academic farm team as it were. If we can identify and nurture them early, perhaps they will produce better scholarship down the road. And reading their work can invigorate our own, by allowing us to see things in a fresh new light.

Independent Judges And Independent Justice, Suzanna Sherry

Suzanna Sherry

Professor Currie's article [See David P. Currie, "Separating Judicial Power", 61 LAW & CONTEMPORARY PROBLEMS 7 (Summer 1998) ] discusses historical attempts to limit judicial independence. I consider the converse: how judges have exercised their independence. This essay provides a brief historical overview of judges using their independence to implement their own view of justice, often contrary to both popular sentiment and legislative will.

Democracy Uncaged, Suzanna Sherry

Suzanna Sherry

Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the Constitution's defects and understates the risks of submitting it to a constitutional convention for revision. It exposes the hidden biases in Levinson's analysis and defends the counter-majoritarian aspects of the Constitution that Levinson criticizes.

The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein

Daniel Sharfstein

Presented at the 2010 Brigham-Kanner Property Rights Conference.