| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Sarah H. Lorr |
DISABLING FAMILIES |
76 Stanford Law Review 1255 (June, 2024) |
Abstract. The family regulation system is increasingly notorious for harming the very families that it ostensibly aims to protect. Under the guise of advancing child welfare, Black, Brown, Native, and poor families are disproportionately surveilled, judged, and separated. Discrimination and ingrained prejudices against disabled parents render their... |
2024 |
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| Craig Konnoth |
DISCRIMINATION DENIALS: ARE SAME-SEX WEDDING SERVICE REFUSALS DISCRIMINATORY? |
124 Columbia Law Review 2003 (November, 2024) |
Are refusals to provide services for same-sex weddings anti-gay discrimination? The answer, the Supreme Court seems to say, is no. Last Term in 303 Creative LLC v. Elenis, the Court held that the Constitution's Free Speech Clause granted a web designer the right to refuse same-sex wedding services. In so doing, the Court also appeared to opine... |
2024 |
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| Mary Marston |
DIVERSITY AND INCLUSION TRAININGS AS A PUBLIC RELATIONS IMPERATIVE: ADDRESSING THE FARAGHER-ELLERTH TEST VIA INTEREST-CONVERGENCE AND TARGETED UNIVERSALISM |
32 American University Journal of Gender, Social Policy and the Law 317 (2024) |
I. Introduction 318 II. Background 321 A. The Importance of Title VII in Workplace Discrimination and Harassment 321 B. The #MeToo Movement and Interest Convergence 325 C. What Comprises a Sexual Harassment or a Diversity and Inclusion Training? 326 III. Applying Interest Convergence and Targeted Universalism to Court's Understanding of Mutable... |
2024 |
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| Michael O'Donnell |
DO STUDENTS LEAVE THEIR CONSTITUTIONAL RIGHTS AT THE (CHARTER) SCHOOLHOUSE GATES?: CHARTER SCHOOLS' COLLISION COURSE WITH A RESTRICTIVE STATE ACTION DOCTRINE |
74 Case Western Reserve Law Review 1141 (Summer, 2024) |
C1-2Contents Introduction. 1142 I. The State Action Doctrine. 1145 A. Determining Whether the Nominally Private Actor Is in Fact a Government Actor. 1149 B. Determining Whether the Conduct of Truly Private Actors Is State Action. 1151 1. The Public Function Analysis and the Related Delegation of Constitutional Duty Analysis. 1151 2. The Close Nexus... |
2024 |
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| Chaz Arnett |
DYSTOPIAN DREAMS, UTOPIAN NIGHTMARES: AI AND THE PERMANENCE OF RACISM |
112 Georgetown Law Journal 1299 (June, 2024) |
This Essay draws connections between Octavia Butler's Parable series (Parable of the Sower and Parable of the Talents), HBO's Westworld, and Derrick Bell's Faces at the Bottom of the Well: The Permanence of Racism to highlight how the reconfiguration and transmutation of race through technological change is facilitated by corresponding shifts in... |
2024 |
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| Paula C. Johnson |
EDUCATION ACCESS & OPPORTUNITY: AN INTRODUCTION |
74 Syracuse Law Review 885 (2024) |
Introduction. 886 I. Overview of Panels. 888 II. Synopsis of Issues Raised by the Symposium. 890 A. Students for Fair Admissions and Related Cases. 891 B. K-12 Racial Content Restrictions. 894 C. Student Debt Relief Under Biden v. Nebraska. 896 III. Overview of the Articles in this Issue. 899 A. Jonathan D. Glater, Doctrinal Siege: Higher Education... |
2024 |
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| GianCarlo Canaparo , Jameson Payne |
EQUAL PROTECTION AND RACIAL CATEGORIES |
34 George Mason University Civil Rights Law Journal 225 (Spring, 2024) |
A touchstone of justice is the principle that like things must be treated alike, and different things differently. A thread of universal agreement on this point runs from Aristotle to the jurists, moralists and philosophers of our own day. This principle is enshrined in the Fourteenth Amendment's Equal Protection Clause (as interpreted ), which... |
2024 |
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| Kamilah Mims |
FAMILIAL ASSOCIATION UNDER SIEGE: THE IMPLICATIONS OF UNITED STATES v. MAGDALENO ON THE BLACK COMMUNITY |
71 UCLA Law Review 992 (September, 2024) |
This Comment delves into the fundamental right to familial association and integrity in the United States, tracing its historical significance and its erosion in the criminal legal system. Focusing on the Ninth Circuit's case, United States v. Magdaleno, it scrutinizes a supervised release condition that restricts interactions with siblings,... |
2024 |
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| J. Benton Heath |
FETCH THE BOLT CUTTERS: REFLECTIONS ON RACIAL CAPITALISM AND THE NAFTA/USMCA |
49 Brooklyn Journal of International Law 449 (2024) |
Thank you for this opportunity to speak on the subject of race and trade in the US--Mexico--Canada Agreement (USMCA). I mean for this presentation to be an introduction to many of the issues that are on my mind as a scholar of investment and trade. It is also an introduction to the work of many others who have thought deeply about the relationships... |
2024 |
|
| Steven W. Bender |
FOREWORD |
47 Seattle University Law Review 1003 (Spring, 2024) |
C1-2Contents Introduction. 1003 I. Situating EPOCH 2023 in Academic Activism Affirming Real Equality. 1008 II. EPOCH Symposium Overview. 1011 III. EPOCH Takeaways: Tensions and Opportunities. 1024 Conclusion. 1026 |
2024 |
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| Emily Gold Waldman |
FROM GARCETTI TO KENNEDY: TEACHERS, COACHES, AND FREE SPEECH AT PUBLIC SCHOOLS |
11 Belmont Law Review 239 (Spring, 2024) |
Introduction. 239 I. The State of the Law Before Kennedy. 242 A. The Pre-Garcetti Period: A Circuit Split Over the Framework for Teacher Speech. 242 B. Enter Garcetti v. Ceballos. 245 C. The Post-Garcetti Rough Consensus. 246 1. The Teachers Generally Lose. 246 2. Parallels with the Government Speech Doctrine. 248 II. Calling an Audible:... |
2024 |
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| Katherine Steefel |
FROM WHITEBOARD TO STATEMENT OF PRINCIPLES: THE DEVELOPMENT OF THE ROCKY MOUNTAIN COLLECTIVE ON RACE, PLACE & LAW'S PRINCIPLES |
101 Denver Law Review 455 (Spring, 2024) |
Several weeks into my first fall semester as a faculty member at the University of Denver Sturm College of Law (Sturm), I received an email from Professor Rashmi Goel. The email, addressed to new faculty members, introduced the Rocky Mountain Collective on Race, Place & Law (RPL) and invited us to participate in the group. The barrier to entry was... |
2024 |
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| Mark Jia |
HIGH THEORY IN CHINESE LAW |
103 Texas Law Review 381 (December, 2024) |
The most contested question in the study of Chinese law is also its most enduring one: How should we characterize China's legal system? In recent years, scholars have advanced numerous theories to explain Chinese law. Some have emphasized legality; others have stressed order; still others have described the system as dual or multi-faceted. This... |
2024 |
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| Terrell Carter, Rachel López |
IF LIVED EXPERIENCE COULD SPEAK: A METHOD FOR REPAIRING EPISTEMIC VIOLENCE IN LAW AND THE LEGAL ACADEMY |
109 Minnesota Law Review 1 (November, 2024) |
Terrell Carter grew up only a stone's throw from Drexel University, the institution of higher learning where the other coauthor of this Article, Rachel López, would find her academic home years later. Even as a child, Terrell remembers feeling like other institutions that were miles away, like State Correctional Institution Graterford where he... |
2024 |
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| S. James Anaya , Adrien K. Wing |
INTRODUCTION TO THE SYMPOSIUM ON RABIAT AKANDE, "AN IMPERIAL HISTORY OF RACE-RELIGION IN INTERNATIONAL LAW" |
118 AJIL Unbound 103 (2024) |
Global efforts are underway to formulate a protocol to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) that would extend its protections to religious discrimination. With momentum coming from national and international levels, the effort seeks an intersectional approach to address what Rabiat Akande... |
2024 |
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| Dan Friedman , Barnett Harris |
IS FEDERAL CONGRESSIONAL REDISTRICTING IN MARYLAND GOVERNED BY ARTICLE III, SECTION 4 OF THE STATE CONSTITUTION? AN ANALYSIS OF THE TRIAL COURT DECISION IN SZELIGA v. LAMONE |
83 Maryland Law Review 1261 (2024) |
In Szeliga v. Lamone, a state trial court determined for the first time that Article III, Section 4 of the Maryland Constitution applies to restrict the Maryland General Assembly's power to adopt a plan of congressional redistricting. Using theories of constitutional interpretation including textualism, originalism, comparative constitutional law,... |
2024 |
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| J.P. Riley |
IS THERE ROOM IN THE CLASSROOM FOR THE FIRST AMENDMENT? DEFINING THE DOCTRINE FOR TEACHERS' CLASSROOM SPEECH |
61 San Diego Law Review 185 (February-March, 2024) |
C1-2Table of Contents Abstract. 186 I. Introduction. 187 II. Restricting Instruction Amidst Judicial Uncertainty. 192 A. State Legislation Regarding Controversial Issues in Public School. 193 1. Summary of Enacted and Active Legislation. 194 B. Teachers' Classroom Speech: Two Analytical Frameworks. 198 1. Government-Employee Speech Analysis. 198 a.... |
2024 |
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| James Huffman |
LEGAL EDUCATION AND THE RULE OF LAW |
60 California Western Law Review 571 (Spring, 2024) |
C1-3Table of Contents L1-2Introduction . L3571 I. Curriculum. 586 II. Skills Training. 589 III. Absence of philosophical diversity. 593 IV. Law School Missions. 596 L1-2Conclusion . L3604 |
2024 |
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| Emmanuel Mauleón |
LEGAL ENDEARMENT: AN UNMARKED BARRIER TO TRANSFORMING POLICING, PUBLIC SAFETY, AND SECURITY |
112 California Law Review 755 (June, 2024) |
The problems of racialized policing have come into renewed focus over the past decade. The advent of viral bystander videos has not only forced a popular confrontation with moments of both routine and extraordinary policing violence but also sparked protests, uprisings, and grassroots movements to challenge current practices in policing and... |
2024 |
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| Jay M. Feinman |
LESSONS OF LEGAL REASONING |
21 Legal Communication & Rhetoric: JALWD 1 (Fall, 2024) |
Legal reasoning--thinking like a lawyer--is the fundamental skill taught and learned in law school, particularly in the first year of law school. For lawyers, legal reasoning is essential to predicting legal outcomes and to advocacy in litigation. In this article, I argue that the lessons of legal reasoning--those taught by professors, learned by... |
2024 |
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| Sarah Ryan |
LIBERTY AND EQUALITY UNDER THE FIRST AMENDMENT: SCRUTINIZING BOOK BANS THROUGH AN EQUAL PROTECTION FRAMEWORK |
90 Brooklyn Law Review 299 (Fall, 2024) |
The dissemination of ideas can accomplish nothing if otherwise willing addressees are not free to receive and consider them. It would be a barren marketplace of ideas that had only sellers and no buyers. In May of 2022, Vicki Baggett, a language arts teacher, submitted a Request for the Reconsideration of Educational Media, objecting to the use... |
2024 |
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| John P. Anderson , Jeremy Kidd |
MARKET FAILURE AND CENSORSHIP IN THE MARKETPLACE OF IDEAS |
76 Oklahoma Law Review 269 (Winter, 2024) |
The familiar metaphor of the exchange of ideas as a marketplace has permeate [d] the Supreme Court's first amendment jurisprudence. Founded on the presumption that competition in markets leads to efficient outcomes, the analogy of a marketplace of ideas suggests that competition among ideas will reliably arrive at truth, or at least the most... |
2024 |
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| Margaret E. Montoya |
MEMORIES OF AN AFFIRMATIVE ACTION ACTIVIST |
47 Seattle University Law Review 1029 (Spring, 2024) |
C1-2Contents I. Autobiography as Historic Frame & Rationale for Educational Access Through an Expansive Affirmative Action. 1031 II. SALT and Affirmative Action Activism in Law Schools. 1039 III. The Slim But Cruel Vestige of Affirmative Action That Survives: The Military Exception in SFFA. 1047 IV. Affirmative Action in Medicine, Rebutting Justice... |
2024 |
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| Michael L. Smith |
MORAL PANIC AND THE FIRST AMENDMENT |
72 Buffalo Law Review 455 (April, 2024) |
Debates over free speech in the United States frequently see advocates of strong, broad protections at odds with those who argue that unfettered free speech tends to harm society's most vulnerable. Free speech advocates invoke the marketplace of ideas and argue that the antidote to false or harmful speech is more speech. In response, critics... |
2024 |
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| Joseph Hummel |
MUSIC OF THE LAW: A WIGMORIAN PLAYLIST FOR A MODERN ERA |
59 Tulsa Law Review 301 (Spring, 2024) |
I. Introduction. 302 II. The Evolution of law and Literature and Music's Place (or Lack Thereof) Within It. 303 III. Music and its Relation to the Law. 312 A. Music and the Law. 312 B. But after all, what is served by such a list?. 314 i. The Law Governing Music, and the Music Governing Law. 314 ii. Justifications and Professional Goals:... |
2024 |
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| Nino C. Monea |
NEXT ON THE CHOPPING BLOCK: THE LITIGATION CAMPAIGN AGAINST RACE-CONSCIOUS POLICIES BEYOND AFFIRMATIVE ACTION IN UNIVERSITY ADMISSIONS |
33 Boston University Public Interest Law Journal 1 (Winter, 2024) |
Abstract. 4 Introduction. 4 I. The Legal Landscape. 6 A. University Admissions Precedent. 6 B. Other Affirmative Action Precedent. 8 C. Major Anti-Discrimination Laws. 8 D. The Plaintiffs. 10 II. Common Contested Issues in Affirmative Action Litigation. 14 A. Standing. 14 1. Injury. 14 2. Redressability. 16 3. Ripeness. 17 4. Mootness. 18 B.... |
2024 |
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| Emily M.S. Houh |
OHIO: A CASE STUDY IN SUBNATIONAL AUTHORITARIANISM |
16 Drexel Law Review 713 (2024) |
Since 2021, legislators and school board members in Ohio have continuously introduced, proposed, or adopted a barrage of measures aimed at restricting what can be taught in K-12 and higher education institutions. This article contextualizes the attacks in Ohio on higher education specifically in a national and global context; closely analyzes the... |
2024 |
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| Jessica M. Eaglin |
ON "COLOR-BLIND" AND THE ALGORITHM |
112 Georgetown Law Journal 1385 (June, 2024) |
Earthling? I jump and bump my head on the underside of a bookshelf. It is a quiet Monday in late summer, right before the start of the school year. I am unpacking boxes of books. To suggest that I am distracted would be an understatement. Yet, when I hear that airy call behind me, I know who it is. AJ, hello, I call out as I turn to open yet... |
2024 |
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| Mark C. Grafenreed |
OPEN HUNTING SEASON: BLACK BODIES AS A THREATENED SPECIES |
30 Cardozo Journal of Equal Rights & Social Justice 341 (Winter, 2024) |
. about one white person in two believes police provide very good protection . for Negroes, the figure is one in five. Tracing the Endangered Species Act of 1973 provides striking parallels with the historical, legal, and cultural aspects of bondage mapped upon Black bodies. The United States Congress promulgated the Endangered Species Act to... |
2024 |
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| Cecilia Giles |
PARENTAL RIGHTS OR POLITICAL PLOYS? UNRAVELING THE DECEPTIVE THREADS OF MODERN "PARENTAL RIGHTS" LEGISLATION |
92 University of Cincinnati Law Review 1171 (2024) |
The Supreme Court has long recognized the right of parents to be involved in their children's education. In 2000, Justice O'Connor stated in Troxel v. Granville that the interest of parents in the care, custody, and control of their children--is perhaps the oldest of the fundamental liberty interests recognized by this Court. However, despite the... |
2024 |
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| Clare Huntington |
PARENTAL RIGHTS: RHETORIC versus DOCTRINE |
91 University of Chicago Law Review 503 (March, 2024) |
Professor Josh Gupta-Kagan observes that the Restatement of Children and the Law does not transform the law of child abuse and neglect. As he contends, this is neither a feature nor a bug. It is simply the reality of a restatement, which can only nudge, not reform, the law. I agree with Gupta-Kagan that only political will, not the American Law... |
2024 |
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| Lili Levi |
POLITICIZING ANTISEMITISM AMIDST TODAY'S EDUCATIONAL CULTURE WARS |
27 Lewis & Clark Law Review 1185 (2024) |
The traditional narrative of American Jewry emphasizes American exceptionalism with respect to antisemitism. But there have been clear signs of a resurgence of public antisemitism in the United States even before the massive rise in antisemitic expression and incidents associated with the Israel-Hamas war of fall 2023. One of the notable aspects of... |
2024 |
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| Francisco Valdes, Steven W. Bender, Jennifer J. Hill |
PREPARING FOR THE RECKONING OF LAW WITH JUSTICE: ORGANIZING LATCRIT HEMISPHERICALLY FOR SYSTEMIC AND MATERIAL POWER |
22 Seattle Journal for Social Justice 823 (Spring, 2024) |
As the 230 registrants of the 2023 biennial LatCrit conference marked the 28 anniversary of LatCrit theory, community, and praxis, we also marked our first hybrid conference in the Global North. This method of convening is designed strategically to take advantage of combining resource-conserving virtual participation with a hub or anchor of... |
2024 |
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| Brandon Hasbrouck |
PRISONS AS LABORATORIES OF ANTIDEMOCRACY |
133 Yale Law Journal 1966 (April, 2024) |
Prisons are woefully ineffective as tools to protect society from violence and exploitation, yet America's prison population exploded in the twentieth century. On the outside, this devastated Black communities, Black opportunities, Black economic power, and Black voting power. Yet a similarly insidious development came from inside prison walls:... |
2024 |
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| Vincent M. Southerland |
PUBLIC DEFENSE AND AN ABOLITIONIST ETHIC |
99 New York University Law Review 1635 (November, 2024) |
The American carceral state has grown exponentially over the last six decades, earning the United States a place of notoriety among the world's leaders in incarceration. That unprecedented growth has been fueled by a cultural addiction to carceral logic and its tools--police, prosecution, jails, prisons, and punishment--as a one-size-fits-all... |
2024 |
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| Michael P. Goodyear |
QUEER TRADEMARKS |
2024 University of Illinois Law Review 163 (2024) |
LGBTQ+ slurs can now be registered as federal trademarks. The U.S. Supreme Court's decisions in Matal v. Tam and Iancu v. Brunetti permitted federal registration of disparaging, immoral, or scandalous trademarks. Appellee Simon Tam cheered, hoping that these decisions would usher in a new era of minority communities reappropriating offensive terms... |
2024 |
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| Jeremy Bearer-Friend |
RACE-BASED TAX WEAPONS |
14 UC Irvine Law Review 1067 (October, 2024) |
In the United States, the term poll tax often refers to a very specific tactic of white supremacy: the use of tax policy to prevent voting by Black citizens. While poll tax is an accurate descriptor of these taxes, poll taxes have a much more expansive history within the twentieth century. Following in the rich tradition of comparative tax... |
2024 |
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| Benjamin J. Priester |
REBOOTING THE SUPREME COURT |
59 Tulsa Law Review 253 (Spring, 2024) |
In 2023, the United States Supreme Court faced its greatest crisis of legitimacy in nearly a century, and one of the most severe in its history. Yet the Roberts Court majority has demonstrated little recognition of the legitimacy crisis or willingness to mitigate or ameliorate it. If the Court continues on its present trajectory, thereby... |
2024 |
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| Samuel Moyn |
RECONSTRUCTING CRITICAL LEGAL STUDIES |
134 Yale Law Journal 77 (October, 2024) |
It is an increasingly propitious moment to build another radical theory of law, after decades of relative quiescence in law schools since the last such opportunity. This Essay offers a reinterpretation of the legacy of critical theories of law, arguing that they afford useful starting points for any radical approach, rather than merely cautionary... |
2024 |
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| David A. Green |
REMINISCENT OF THE LITTLE ROCK NINE AND RUBY BRIDGES: PRESENT DAY RACIALLY OFFENSIVE COMMENTS THAT CREATE A HOSTILE EDUCATIONAL ENVIRONMENT |
23 Connecticut Public Interest Law Journal 72 (Fall, 2023-Winter, 2024) |
Education . means emancipation. It means light and liberty. It means the uplifting of the soul of man into the glorious light of truth, the light by which men can only be made free. - Frederick Douglass Dr. William Anderson is a full professor at Anystate University, within the University's College of Arts & Sciences, Liberal Arts and Humanities... |
2024 |
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| David Schraub |
RENEWING STUDY INTO THE OLDEST HATRED: INTRODUCTION TO THE LAW vs. ANTISEMITISM SYMPOSIUM |
27 Lewis & Clark Law Review 1027 (2024) |
Antisemitism, it is sometimes said, is the world's oldest hatred. But in legal academia, at least, the study of antisemitism remains a nascent phenomenon. When my colleagues Diane Kemker and Rob Katz inaugurated the Law vs. Antisemitism conference in 2022, it immediately became the largest American conference to ever have been dedicated to... |
2024 |
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| Thalia González , Paige Joki |
REPRODUCING INEQUALITY: RACIAL CAPITALISM AND THE COST OF PUBLIC EDUCATION |
65 Boston College Law Review 317 (February, 2024) |
Introduction. 319 I. Education and Racial Capitalism. 334 II. Fines and Fees as a Modality of Racial Capitalism. 346 A. Methods. 347 B. Dispossession and Inequitable Access to Educational Opportunities. 349 C. Resource Extraction and Debt Creation. 352 D. Punishment. 355 III. Protecting Black Students and Families. 359 A. Every Student Succeeds... |
2024 |
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| Johany G. Dubon |
REREADING PICO AND THE EQUAL PROTECTION CLAUSE |
92 Fordham Law Review 1567 (March, 2024) |
More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board's decision to remove books from its libraries. However, the Court's response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a... |
2024 |
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| Todd J. Clark |
REVERSING DEI: THE CONSEQUENCE - "IED" INDOCTRINATION AND ELIMINATION OF DIVERSITY |
55 University of Toledo Law Review 169 (Winter, 2024) |
Attacks on Diversity, Equity, and Inclusion (DEI) efforts, from right-wing conservatives, are an attack on marginalized communities, specifically black and brown people and members of the LGBTQ+ community. Over the past five years, the world around us has changed. DEI initiatives that once offered a glimmer of hope for members of marginalized... |
2024 |
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| Steven W. Bender |
REVISED ABA STANDARD 303: CURRICULAR, PEDAGOGICAL, AND SUBSTANTIVE QUESTIONS |
47 Seattle University Law Review Supra 1 (10-Jan-24) |
C1-2Contents Introduction. 1 I. Standard 303: Robustness/Criticality or Low Bar?. 3 A. The Compliance Spectrum. 3 B. Evaluating Compliance Approaches: What Criticality Requires. 5 C. Implementation Requires Bias Education and Cross-Cultural Competence Informed by Critical Insights. 7 II. Exposing the ABA's Own Dirty Laundry. 9 III. Who Implements... |
2024 |
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| Rena M. Lindevaldsen |
SACRIFICING OUR CHILDREN AT THE ALTAR OF MODERN K-12 PUBLIC EDUCATION |
18 Liberty University Law Review 961 (Spring, 2024) |
Should publicly-funded K-12 education continue to exist? At first blush, it might seem a radical question to even ask. But when public schools are failing in their essential purposes, we need to explore whether to cease funding them. From their inception, public schools had at least two essential purposes: to train students in those values... |
2024 |
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| Jerry C. Edwards |
SAFEGUARDING THE SEARCH FOR TRUTH: CARVING OUT ACADEMIC FREEDOM'S PLACE IN A DOMAIN DOMINATED BY GOVERNMENT SPEECH |
19 Harvard Law & Policy Review 93 (Summer, 2024) |
Across the United States, academic freedom is facing its most significant and sustained assaults since the days of Joseph McCarthy. The state governments launching these attacks have sought refuge in the broad confines of government speech, a doctrine that first emerged decades after the Supreme Court's seminal academic freedom decisions. Because... |
2024 |
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| Priya Baskaran |
SEARCHING FOR JUSTICE: INCORPORATING CRITICAL LEGAL RESEARCH INTO CLINIC SEMINAR |
30 Clinical Law Review 227 (Spring, 2024) |
This Article provides educators with a roadmap for incorporating Critical Legal Research into Clinical Pedagogy. Critical Legal Research is a social justiceoriented critical intervention that provides a theoretical framework and practical application. Critical Legal Research provides lawyers with tools to deconstruct but also reconstruct legal... |
2024 |
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| Jeremiah A. Ho |
SECOND-TIER MARRIAGES |
68 Saint Louis University Law Journal 835 (Summer, 2024) |
This Essay interrogates the reasoning behind the retrenchment toward LGBTQ rights progress that has taken place since marriage equality. With marriage rights for same-sex couples now on the books, the Supreme Court's treatment of same-sex couples in both Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n and 303 Creative LLC v. Elenis... |
2024 |
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| Matt Blaszczyk |
SECTION 230 REFORM, LIBERALISM, AND THEIR DISCONTENTS |
60 California Western Law Review 221 (Winter, 2024) |
The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to... |
2024 |
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