CUNY School of Law
University of Massachusetts, Amherst
University of Maryland Francis King Carey School of Law
University of Missouri - Kansas City, School of Law
American University Washington College of Law
Columbia Law School
Touro Law Center
Public Libraries, Limited Forums: Critiquing The Fifth Circuit’S Decision In Little V. Llano County,
2026
Fordham University School of Law
Public Libraries, Limited Forums: Critiquing The Fifth Circuit’S Decision In Little V. Llano County, Spencer Emelia Petrick-Knoll
Fordham Law Review
Conflicts over the collections of public libraries have become increasingly frequent in the twenty-first century. In 2025, the Fifth Circuit held that library collections are government speech, thereby preventing patrons from challenging book removals. This Note critiques that decision and analyzes which First Amendment doctrine should govern the curation decisions of a public library. It examines the historical evolution of the public library and First Amendment doctrine to argue for classification of the public library’s collection as a limited public forum. This classification allows libraries to make reasonable, viewpoint-neutral decisions about retaining books in their collections while ensuring that viewpoint …
Splitting The Baby:
Determining The Causation
Standard In Family And Medical
Leave Act Retaliation Claims,
2026
Fordham University School of Law
Splitting The Baby: Determining The Causation Standard In Family And Medical Leave Act Retaliation Claims, Eliana C. Singer
Fordham Law Review
The Family and Medical Leave Act (FMLA) guarantees employees unpaid leave following certain qualifying events. The FMLA not only provides substantive rights but also prohibits retaliation against employees who exercise those rights. When employees face unlawful retaliation, they can bring retaliation claims against their employers. However, there is disagreement among courts as to how to evaluate these claims. More precisely, courts are split concerning whether employees must prove their use of leave was a but-for cause of retaliation, or merely that it was one of an employer’s mixed motives for retaliating. The U.S. Courts of Appeals for the Second and …
Legalist Verses Realist Accounts Of United States V. Skrmetti,
2026
Texas A&M University School of Law
Legalist Verses Realist Accounts Of United States V. Skrmetti, Neil S. Siegel
Faculty Scholarship
Although the Supreme Court is increasingly adopting an understanding of sex discrimination that is biologically focused and/or formalistic, this Article argues that the Court does not consistently apply that conception when doing so benefits transgender Americans. The Court’s conclusion in United States v. Skrmetti that no facial sex classification exists in Tennessee’s law banning gender-affirming care for transgender—but not cisgender—minors is irreconcilable with its conclusion five years earlier in Bostock v. Clayton County that Title VII’s prohibition on sex discrimination prohibits employers from firing employees just because they are transgender. Perhaps tellingly, only Justice Gorsuch, Bostock’s author, and Chief Justice …
Legal Scapegoating Of Transgender People, Democratic Vulnerability, And The Problem Of Judicial Blinders,
2026
Columbia Law School
Legal Scapegoating Of Transgender People, Democratic Vulnerability, And The Problem Of Judicial Blinders, Suzanne B. Goldberg
Faculty Scholarship
Over the past decade, lawmakers have proposed an extraordinary number of restrictions on transgender people across nearly every area of public and private life — bathrooms, health care, athletics, education, identity documents, military service, prisons, and more. This Article argues that these measures are best understood as legal scapegoating, meaning the use of law to galvanize public discomfort and hostility toward a targeted group. While demagogic rhetoric can also galvanize those reactions, the concrete restrictions of a legal scapegoating effort raise two further risks, one for democratic governance and the other for judicial review. First, legal scapegoating normalizes government’s use …
Justice Lost And Found Playlist,
2026
University of Nebraska - Lincoln
Justice Lost And Found Playlist, Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
Oh No, Don't Let The Rain Come Down...,
2026
University of Nebraska - Lincoln
Oh No, Don't Let The Rain Come Down..., Mervyn Bennun
Nebraska Journal on Advancing Justice
No abstract provided.
The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability,
2026
Marquette University
The Failure Of Law Reform: Housing Codes, Bans On Retaliatory Eviction, And The Implied Warranty Of Habitability, David Ray Papke
Nebraska Journal on Advancing Justice
No abstract provided.
Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training,
2026
University of Arizona
Unauthorized Practice Of Law Reform And Domestic Violence Advocacy: Advocate Perspectives On Legal Training, Cayley Balser, Stacy Jane
Nebraska Journal on Advancing Justice
No abstract provided.
Introduction,
2026
University of Nebraska - Lincoln
Introduction, Katherine M. Houlden
Nebraska Journal on Advancing Justice
No abstract provided.
Volume 3, Issue 1 Masthead,
2026
University of Nebraska - Lincoln
Volume 3, Issue 1 Masthead, Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
Geduldig's Footnote: Five-Plus Decades Of State Courts Reckoning With Federal Pregnancy Discrimination Doctrine,
2026
Northwestern Pritzker School of Law
Geduldig's Footnote: Five-Plus Decades Of State Courts Reckoning With Federal Pregnancy Discrimination Doctrine, Martha F. Davis
Northwestern University Law Review
In Geduldig v. Aiello (1974), the U.S. Supreme Court held that pregnancy discrimination does not constitute sex discrimination. The decision’s constitutional logic has recently been applied in Dobbs v. Jackson Women’s Health Organization and United States v. Skrmetti. Yet over five decades, state courts have overwhelmingly rejected Geduldig’s rationale—both in construing state employment discrimination statutes and in interpreting state constitutional equality provisions. Courts in at least sixteen states have rejected Geduldig’s rationale in construing state employment discrimination laws, while only four states have followed it. Of the ten states with Equal Rights Amendments that have addressed whether …
Masthead,
2026
Seattle University School of Law
Table Of Contents,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct,
2026
Seattle University School of Law
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions,
2026
Seattle University School of Law
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute,
2026
Seattle University School of Law
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy,
2026
Washington and Lee University School of Law
Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin
Scholarly Articles
This Court should consider those most directly impacted by the decision in this case: the intended beneficiaries of Colorado’s Universal Preschool Program (“UPK”), Colorado’s children. To paraphrase Shakespeare, though they be but little, they are constitutional rights-bearers and are thus entitled to be free from state-funded discrimination.
Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the significant harms children in the LGBT community would bear should Colorado be compelled to allow state-funded religious schools to discriminate against preschoolers. Exempting religious schools from the State’s equal-opportunity and antidiscrimination …
History And Tradition Of Inequality, Advocacy, And Progress,
2026
University of Tennessee
History And Tradition Of Inequality, Advocacy, And Progress, Teri Dobbins Baxter
Kentucky Law Journal
No abstract provided.
How Law Changed Sex In The Twenty-First Century,
2026
St. John's University School of Law
How Law Changed Sex In The Twenty-First Century, Noa Ben-Asher
St. John's Law Review
(Excerpt)
Thank you, wonderful students of St. John’s Law. Thank you, Professor Eva Subotnik, for your ongoing work on this event. Thank you, Dean Exum, for leading the school in these consequential times for the legal profession. And thank you, Judge Lohier, for taking the time to join us today.
Transgender issues have been in the spotlight in recent years. While many litigators and scholars think of this growing body of law and politics as “transgender rights,” I would like to persuade you in the short time that I have today that what is broadly and interestingly at stake is …
