Transgender Equality and Geduldig 2.0

By Katie Eyer. In 1974, Geduldig v. Aiello held that pregnancy discrimination is not facially sex discrimination. Only four years later, Congress repudiated Geduldig in the statutory context in the Pregnancy Discrimination Act of 1978. For decades, Geduldig remained largely moribund,…
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Trademark Tarnishmyths

By Jake Linford, Justin Sevier & Allyson Willis. Trademark law protects famous marks from dilution by tarnishment, defined by statute as use likely to “harm the reputation of the famous mark.” Tarnishing uses are typically those that connect a mark with…
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Speech First, Equality Last

By Brian Soucek.  Universities have been put in an impossible situation. They are liable under nondiscrimination laws if they allow hostile speech to interfere with someone’s education, but they are increasingly said to be liable under the Free Speech Clause…
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