Standing in Reserve: A New Model for Hard Cases of Complicity

By Nicholas Almendares & Dimitri Landa.  The “hard cases” for the law relating to accomplices deal with the definition of what counts as aiding and abetting a crime. A retailer might sell a murder weapon in the ordinary course of business, while an accomplice might do nothing because their help was simply not needed. How […]

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, as the vast majority of pregnancy cases were brought pursuant to Title VII—and as […]

Jammed from Justice: How International Organization Immunity Enshrines Impunity

By Joanna Jandali.  In a tiny fishing village along the Kutch coastline of India, families wake up to ash falling from the sky. Foul smells loom in dark clouds over the settlements, while chemicals and excess salts taint local sources of drinking water. Abscesses and boils paint the bodies of children and respiratory illnesses like […]

Morally Regulatable Lives: Corporate Sovereignty, the Rise of Burwell v. Hobby Lobby, and the Ironic Demise of The Walt Disney Company’s Reedy Creek Improvement District

By Ashton P. Jones-Doherty.  Burwell v. Hobby Lobby is a misunderstood case. Since the decision in 2014, scholars have split into two camps, debating Hobby Lobby’s religious liberty concerns. One camp argues Hobby Lobby unconstitutionally allows corporations the right to enact religiously motivated policies where the corporate purpose is purely secular, whereas the other camp […]

Uncharted Violence: Reclaiming Structural Causes in the Power and Control Wheel

By Tamara Kuennen.  The “Power and Control Wheel” (“the Wheel”) is an iconic image in the anti-gender violence field. On a single vivid page, it captures multiple layers of intimate partner abuse. In the Wheel’s hub are the words “power and control,” the fundamental motivation of an abusive partner. Eight spokes emanate from the center, […]

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 disreputable goods or topics, like sex or drugs. Mark owners worry that consumers will […]

Speech First, Equity 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 if they do anything to stop speech before that point. Put simply, universities are liable […]

Dietary Suspects: Extracting the Truth from Dietary Supplements with a Standardized Federal Testing Seal

By Nicholas A. Traver.  Are you fatigued, lethargic, or forgetful? Do you find it difficult to lose weight? Would you like to reduce your odds of cancer or even reverse the signs of aging? Considering the variety of common ailments many face every day, how empowered would you feel if you could address these, all […]