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 …

Every Law School Should Have A Poet, Susan Ayres

Faculty Scholarship

This is an imaginative work that explores gaslighting in the workplace.

The Antitrust–Copyright Interface In The Age Of Generative Artificial Intelligence, Daryl Lim, Peter K. Yu

Faculty Scholarship

The U.S. government's antitrust actions against Big Tech have recently surged in response to the growing dominance of Amazon, Apple, Google, Meta, and Microsoft. In fall 2023, the Federal Trade Commission filed a controversial submission in response to the U.S. Copyright Office's request for comments on artificial intelligence (AI) and copyright. This submission hinted at the agency's eagerness to fully deploy its enforcement powers in the AI sector, including targeting AI developers that have used copyrighted works without authorization to train AI models.

This article examines the changing interface of antitrust and copyright law in the age of generative AI. …

A New Parlor Is Open: Microfeminisms Are Needed In Law School To Combat Gender Bias, Stephanie J. Thompson

Faculty Scholarship

A recent viral trend on TikTok has spotlighted women attorneys who are leveraging microfeminisms to uplift other women and challenge entrenched gender norms within the workplace. The hashtag #microfeminism has garnered over a billion views, underscoring a growing interest in this nuanced form of advocacy. Microfeminism encompasses the subtle, everyday actions individuals—regardless of gender—take to promote gender equity and disrupt traditional expectations, both personally and professionally. In contrast to broader feminist movements that often seek systemic reform, microfeminism focuses on the interpersonal and individual level, recognizing the transformative potential of seemingly small gestures. This Article aims to initiate a critical …

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.