Law and Society Commons^™

Do Bans On Conversion Therapy Impose A Governmental "Orthodoxy" About Sex And Gender?, Linda C. Mcclain

Faculty Scholarship

In Part I, this Essay evaluates how orthodoxy arguments featured in Mr. Tingley’s challenge to Washington’s ban on conversion therapy. Part II offers a preliminary analysis of Chiles v. Salazar, ⁴² which the Court will hear during its 2025-2026 Term. I illustrate how the arguments made against Washington’s law by Chiles and her amici draw from the anti-orthodoxy and marketplace of ideas rhetoric found not only in Justice Thomas’s Tingley dissent and his NIFLA opinion but also in Justice Gorsuch’s majority opinion in the 303 Creative decision.⁴³ Woven together with these speech arguments are appeals to the Court’s …

Pragmatics And Textualism, Lawrence B. Solum

Faculty Scholarship

In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles include contextual disambiguation and the communication of implicit content via “pragmatic enrichment.” Textualism is sometimes characterized as the view that the meaning of statutory texts should not take context into account, but that characterization is misleading. Not only do self-identified textualists explicitly maintain that context should be considered when interpreting statutes—all good textualists must do so. Absent consideration of context, the meaning of statutory texts would be pervasively ambiguous, sparse, and incomplete. Good textualism requires pragmatics.

“Pragmatics and …

The Revolving Door Of Industry Standards, Zachary Kester, Spencer Rehn

St. Mary's Law Journal

No abstract provided.

Mitigating Discrimination By Businesses: Adopting A "Substantial Amount Of Expression" Test In The Wake Of The Court's 303 Creative Decision, Caleb Kunde

St. Mary's Law Journal

The Supreme Court’s recent decision in 303 Creative LLC v. Elenis[1] balanced Colorado’s anti-discrimination public accommodations law and its burden on a website designer’s right to be free from compelled speech.[2] Choosing to hold for the website designer, the Court decided that Ms. Smith was free to refuse her wedding website service to same-sex couples.[3] Put another way, the Court’s decision granted businesses that are open to the public a license to discriminate through the Free Speech Clause. Not only is this the first time that a business’s First Amendment rights overrode a public accommodations law’s compelling …

De-Weaponizing Snap Removal, Philip Weiss

St. Mary's Law Journal

No abstract provided.

The Role Of Race In Howard Law School's Rankings, Michael Conklin

St. Mary's Law Journal

No abstract provided.

Codetermination’S Moment Of Truth: Overseas Workers, Jens Dammann

BYU Law Review

The idea that employees of large corporations should be entitled to representation on corporate boards, a concept known as codetermination, is gaining ground. Progressive politicians Elizabeth Warren and Bernie Sanders have proposed codetermination regimes that would allow employees to elect between 40% and 45% of board members. Moreover, an increasing number of corporate law scholars are embracing the idea of giving employees a voice in corporate governance.

However, anyone endorsing codetermination must confront a critical dilemma: whether to limit representation to U.S.-based employees or whether to extend it to overseas workers as well. The question’s practical importance is obvious given …

Thinly Veiled Greed: What Is Really Hindering Railroad Disaster Prevention In America, Arthur J. Meaney Iv

St. Mary's Law Journal

No abstract provided.

The Professional Employer Organization As Dispute System Designer: Mandatory Arbitration In The Co-Employment Context, Ursula Ramsey

University of Miami Business Law Review

A professional employer organization (“PEO”) provides payroll, employment tax, and human resources services to its small to mid-sized business clients. Today, more than 200,000 businesses employing 4.5 million people utilize a PEO’s services. A common PEO strategy is to require co-employees of the PEO and its client companies to agree to mandatory arbitration provisions despite criticism that mandatory employment arbitration lacks public accountability, has lower win rates for employees, and may fail to protect due process. Mandatory arbitration is one method of dispute system design, a term that describes the selection and development of processes by which a company chooses …

Filarsky’S Dilemma: Qualified Immunity For Private Actors And Its Potentially Negative Impact On Policing, Timothy Joseph Mondloch

University of Miami Race & Social Justice Law Review

No abstract provided.

Sentencing Roulette: The Absurdity And Unconstitutionality Of The Crime Of Violence Enhancements, Noam Kozlov

University of Miami Race & Social Justice Law Review

The law needs to be clear. This dictum is true especially with respect to criminal law. Defendants need to be made aware of the statutory and judicial rules surrounding their trial, and sentencing outcome should be foreseeable, even if not predictable. But we have failed. We have failed in granting defendants this sought-after clarity, exposing them to grossly disproportional and disparate sentences. One such failure is found in the Crime of Violence enhancement rules. COV enhancements add years or even decades to sentences of defendants whose previous convictions are classified as 'violent'. Despite this detrimental impact of the COV rules, …

Hoodwinked By Rucho: The Illusion Of Protection For Racial Gerrymandering In Federal Courts, Krystell Fienco

University of Miami Race & Social Justice Law Review

"lt is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule." - Marbury v. Madison, 5 U.S. 137 (1803).

"[W]e must never forget, that it is a constitution we are expounding." - McCulloch v. Maryland, 17 U.S. 316 (1819).

A New Equal Protection And Due Process Clause: Pushing Back On The Eleventh Circuit’S Error In Corbitt, Alberto Bufalino

University of Miami Race & Social Justice Law Review

No abstract provided.

Alumni Updates - Spring 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Spring 2025 alumni updates highlight notable achievements across the Cardozo community. Sixteen alumni were named to Billboard’s Top Music Lawyers list, while Rafael Castellanos ’86 and Seth Goodman Park ’91 received WESTY Awards. Chris Fenlon ’09 helped secure a record $34.5 million Sarbanes-Oxley whistleblower settlement, and Adam Greenberg ’93 and Todd Hellman ’94 advanced to new law firms. Other updates include Eric Hochstadt ’03 being named Head of Antitrust Litigation at Orrick, Julie Levine ’14 joining Offit Kurman, and Mark Osherow ’88 publishing Florida Litigation Guide. These achievements reflect the broad impact of Cardozo alumni in law …

Changemakers: Susannah Johnson : L'25 : Charting A New Course : From Navy Officer To Legal Advocate, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Vol. 68, No. 14 (April 21, 2025)

Indiana Law Annotated

No abstract provided.

Samantha Harberg And Rebecca Malek Selected As 2025 Recipients Of Mark Whitlock Scholarship, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced that Samantha Harberg and Rebecca Malek have been selected as the 2025 recipients of the Mark Whitlock Scholarship. Established in memory of Mark Whitlock ’10, the scholarship honors third-year J.D. students who enrich student life through their energy, initiative, and spirit. Harberg was recognized for her leadership as Editor-in-Chief of the Dispute Resolution Competition Honor Society, her role in the Mediation Clinic, and her work as an Admissions Ambassador. Malek was honored for her mentorship and leadership across numerous roles, including with BLSA, the ADR Competition Honor Society, and the Divorce Mediation Clinic. Both recipients …

Sixteen Cardozo Law Alumni Selected To Billboard's 2025 Top Music Lawyers List, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Sixteen alumni from the Benjamin N. Cardozo School of Law were named to Billboard’s 2025 list of Top Music Lawyers. This recognition highlights Cardozo’s strong reputation in entertainment law, with the school previously ranked as the #1 Leading Law School for producing top music lawyers. The honored alumni include partners, executives, and legal leaders at major firms and music companies such as Warner Music Group, Sony Music Entertainment, Universal Music Publishing Group, and DLA Piper.

Nicholle Vandy Named An American Constitution Society Next Generation Leader, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

For the fourth consecutive year, an Indiana University Maurer School of Law student has been chosen as an American Constitution Society Next Generation Leader.

Nicholle Vandy, a 2L from Knox, Indiana, is one of three Indiana law students selected for the honor.

“I’m excited to introduce this year’s class of Next Generation Leaders, who represent the future of the progressive legal movement at a time when we need them more than ever to join us in the fight for the rule of law and our democracy,” said Zinelle October, ACS Interim President.

Vol. 68, No. 13 (April 14, 2025)

Indiana Law Annotated

No abstract provided.

Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett

Northwestern University Law Review

The Hippocratic Oath calls on doctors to “do no harm.” Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily increasing racial disparities in health care outcomes throughout the United States. Title VI of the Civil Rights Act of 1964 prohibits this type of disparate impact, but modern Supreme Court jurisprudence forecloses opportunities for affected parties to seek legal relief—despite the clearly established legislative intent of Title VI. However, another legal …

The Renaissance Of Private Law, Yotam Kaplan, Adi Libson, Gideon Parchomovsky

Northwestern University Law Review

Crisis is the new normal. Between global warming, the opioid pandemic, bursts of gun violence, and political instability fueled by fake news, it is hard to remember a time when we were not facing a major catastrophe. Still more troubling, there is a growing sense that our political and regulatory institutions are faltering in their ability to offer effective responses to the incoming crises. The rapid pace at which new problems emerge—together with growing political polarization—stymies regulatory and legislative action, resulting in an inability to address contemporary challenges.

Against this gloomy background, we posit an unlikely hero: private law. Recent …

Let's Get Personal: Due Process And Personal Jurisdiction As A New Path Forward For Extraterritoriality, Samy Abdelsalam

Northwestern University Law Review

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has put fundamental principles of federalism and state sovereignty under attack. Legislation and lawsuits in states nationwide aim to limit the rights of American citizens to travel freely between states in search of medical care. Further, these measures have extraterritorial reach, legally entangling the rights of private citizens in other states who provide medical care even while fully within their own state borders. Scholars have analyzed this development through various doctrinal lenses, including the Dormant Commerce Clause. But these frameworks fail to adequately protect those who are unfortunate enough …

Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana

Northwestern University Law Review

Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”

This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …

Preclusive Jurisdictional Dismissals, Kevin Song

Northwestern University Law Review

Every litigant deserves their day in court. At the same time, litigants cannot endlessly go to court on the same matter. A complex body of preclusion law balances these fundamental tenets by examining when adjudication of a matter precludes subsequent relitigation. This body of law has evolved over time to preserve the day-in-court ideal in a way that is sensitive to the threats that relitigation present to judicial efficiency, fair adjudication, and repose. Modern preclusion law has settled on a pragmatic approach: where a court has issued a final judgment on the merits but erroneously assumed jurisdiction, relitigation may still …

Against Monetary Primacy, Yair Listokin, Rory Van Loo

Northwestern University Law Review

To reduce inflation, the Federal Reserve (Fed) raises interest rates. But every month with high interest rates increases the risk of a devastating recession. Recessions impose not only short-term pain in the form of widespread unemployment but also lifelong harm for many, as vulnerable workers and those who start their careers during a downturn never fully recover. Yet hiking interest rates is the centerpiece of U.S. inflation-fighting policy. When inflation is high, the Fed raises interest rates until inflation is tamed, regardless of the consequent sacrifices. We call this inflation-fighting paradigm “monetary primacy.” Despite its great risks, monetary primacy has …

Hindsight Is 20/20: Epilepsy Is Not One-Size-Fits-All, Raika Kim

Northwestern University Law Review

For many, epilepsy is one of the first conditions that come to mind when thinking of a disability, and for good reason: over 50 million people in the world live with epilepsy. Yet misunderstandings about epilepsy have perpetuated social stigma surrounding the disability for centuries. Ableist beliefs led to the passage of laws in the 1900s condoning—and in some cases, requiring—sterilization of individuals with epilepsy and restriction of their right to marry. Even today, state driving laws, justified as promoting public safety, categorically prevent anyone diagnosed with epilepsy from driving unless they are seizure free for an arbitrary, nonuniform period …

2025 Academy Of Law Alumni Fellows Induction Ceremony Program, Maurer School Of Law - Indiana University

Academy of Law Alumni Fellows

The Academy of Law Alumni Fellows was established in 1985 to recognize alumni whose careers are defined by exceptional personal achievement and dedication to the highest standards of the profession.

Academy Fellows are part of an elite group that includes US senators, federal judges, successful business leaders, and distinguished practitioners. A committee of anonymous alumni selects each year’s Fellows from among many deserving candidates. To be named an Academy of Law Alumni Fellow is to receive the very highest honor that the Maurer School of Law can bestow.

This year, we are honored to recognize four alumni whose remarkable contributions …

Changemakers: Curtis R. Pouliot-Alvarez : Juris Doctorate : Zealous Advocacy = Justice For All 4-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.