Essay The Compromised Right to Education? by Joshua E. Weishart on July 3, 2018 Introduction Indiana Jones's quest to discover the holy grail in The Last Crusade leads him to a hidden grotto lined with chalices, a Nazi, and a medieval knight. The Nazi sips from an ornate, gold chalice accented with jewels, convinced he has chosen the true grail. He is mistaken and pays for it with his… Volume 71 (2018-2019)
Symposium - 2018 - #MeToo Ending Harassment by Starting with Retaliation by Nicole Buonocore Porter* on June 18, 2018 Introduction The #MeToo movement has had a transformative effect on the discussion surrounding harassment in the workplace. As more women came forward to tell their stories of harassment, often against high-profile entertainment moguls or politicians, the public story that emerged was one of surprise and anger. But perhaps more importantly, the stories inspired hope that… Volume 71 (2018-2019)
Symposium - 2018 - #MeToo Beyond the Rhetoric: What It Means to Lead in a Diverse and Unequal World by Rebecca K. Lee* on June 18, 2018 Introduction As the #MeToo movement has gained momentum, industry and company leaders have been placed in the hot seat regarding how they are addressing (or not) the incidents of sex harassment in their organizations. Despite their stance and pronouncements against harassment and discrimination, leaders may not notice problems early on, or they may discount concerns… Volume 71 (2018-2019)
Symposium - 2018 - #MeToo Sexual Harassment and the Bench by Nancy Gertner* on June 18, 2018 Introduction A story to start: I applied for a federal court of appeals clerkship after my graduation from Yale Law School in 1971. I was a feminist and a women’s rights activist; I was a participant in one of the first courses on women and the law, organized and run by women law students. There… Volume 71 (2018-2019)
Symposium - 2018 - #MeToo Targeting Repeat Offender NDAs by Ian Ayres* on June 18, 2018 Abstract. While nondisclosure/non-disparagement agreements (NDAs) can beneficially protect privacy and facilitate settlement of sexual misconduct claims, these agreements have come under attack—especially since the rise of the #MeToo movement—because NDAs can also facilitate repeat offending. While some academics and policy makers have proposed making NDAs unenforceable, this Essay searches for intermediate legal interventions which preserve… Volume 71 (2018-2019)
Symposium - 2018 - #MeToo Sex Harassment Training Must Change: The Case for Legal Incentives for Transformative Education and Prevention by Susan Bisom-Rapp* on June 18, 2018 Introduction Professors who study harassment are in demand by the media. As allegations unsettle Hollywood, Silicon Valley, Washington, D.C., and various state capitals, reporters covering the #MeToo movement seek academic perspectives on the problem. Those who call me often mention two articles I published over fifteen years ago, which questioned the embrace of sex harassment… Volume 71 (2018-2019)
Symposium - 2018 - #MeToo The Masculinity Motivation by Ann C. McGinley* on June 18, 2018 The first reports emerged in October 2017 in the New York Times and the New Yorker that dozens of women had accused movie producer Harvey Weinstein of sexual violence. Since then, hundreds of women and men have come forward to accuse famous men in entertainment, politics, and other industries. #MeToo emerged as an online movement… Volume 71 (2018-2019)
Symposium - 2018 - #MeToo Open Statement on Sexual Harassment from Employment Discrimination Law Scholars by Vicki Schultz* on June 18, 2018 For Law Professors Rachel Arnow-Richman, Ian Ayres, Susan Bisom-Rapp, Tristin Green, Rebecca Lee, Ann McGinley, Angela Onwuachi-Willig, Nicole Porter, Vicki Schultz, and Brian Soucek Introduction We, the undersigned legal scholars and educators with expertise in employment discrimination law, seek to offer a new vision and agenda for eliminating sexual harassment and advancing workplace equality. We… Volume 71 (2018-2019)
Essay Microsoft Ireland, the CLOUD Act, and International Lawmaking 2.0 by Jennifer Daskal on May 14, 2018 Introduction On March 23, President Trump signed the CLOUD Act, thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the… Volume 71 (2018-2019)
Essay Defending an Under-21 Firearm Ban Under the Second Amendment Two Step by Amit Vora on May 13, 2018 Introduction In the wake of the mass shooting in Parkland, Florida, more lawmakers may be willing to concede that 18-to-20-year-olds are ill suited to keep and bear firearms. Under current federal law, an 18-to-20-year-old may purchase a long gun from a federally licensed or unlicensed dealer, may purchase a handgun from an unlicensed dealer, and… Volume 71 (2018-2019)
Essay The ‘Hidden’ Tax Cost of Executive Compensation by Kobi Kastiel & Noam Noked on May 12, 2018 Introduction The sweeping tax reform enacted in December 2017 will significantly increase the tax cost of executive compensation in publicly held corporations where the compensation for each of the top five executives exceeds $1 million. Nonetheless, it is unlikely that these corporations will reduce the executive compensation to offset the increased tax cost, which will… Volume 70 (2017-2018)
Essay Punishing Poverty California’s Unconstitutional Bail System by Christine S. Scott-Hayward & Sarah Ottone on April 24, 2018 Last year, an article in The Guardian highlighted the disparities inherent in California’s pretrial detention system. Reporter Sam Levin compared the cases of Tiffany Li, accused of murder for hire, who was released under house arrest after satisfying the $35 million bail set in her case, and Joseph Warren, who at the time was in custody… Volume 70 (2017-2018)
Essay Kill Quill, Keep the Dormant Commerce Clause History's Lessons on Congressional Control of State Taxation by Brian Galle on March 9, 2018 Introduction The world of internet commerce was shaken to its foundations in January this year, when the Supreme Court granted certiorari in South Dakota v. Wayfair, Inc., in effect agreeing to reconsider its landmark holding in Quill Corp. v. North Dakota. For more than twenty-five years, Quill has barred states from imposing tax-collection obligations on retailers that… Volume 70 (2017-2018)
Essay Itemized Deductions in a High Standard Deduction World by Emily Cauble on February 22, 2018 New tax legislation enacted in December 2017 exacerbates the extent to which various itemized deductions, such as the charitable contribution deduction and the home mortgage interest deduction, disproportionately benefit high income individuals. This essay develops this critique and concludes by suggesting paths for reform that should be considered by a future Congress. Volume 70 (2017-2018)
Essay Is the Federal Judiciary Independent of Congress? by Evan C. Zoldan on February 14, 2018 Can Congress command a federal court to rule in favor of a particular party in a pending case? The answer to this seemingly simple question is unsettled. The Constitution permits Congress to enact rules of law that courts must follow; and it permits the courts to decide cases pending before them. Constitutional conflict arises when… Volume 70 (2017-2018)
Essay The Costs of Aggregating Administrative Claims by Shannon M. Grammel & Joshua C. Macey on January 3, 2018 Introduction Aggregation has emerged in the past few years as a critical tool by which agencies can quickly resolve groups of claims that would otherwise languish for years in bureaucratic limbo. The idea is simple: Consolidating many similar claims in a single proceeding would help agencies process claims more quickly, efficiently, and fairly. But aggregation… Volume 70 (2017-2018)
Essay The Faulty Frequency Hypothesis Difficulties in Operationalizing Ordinary Meaning Through Corpus Linguistics by Ethan J. Herenstein on December 20, 2017 Introduction Promising to inject empirical rigor into the enterprise of statutory interpretation, corpus linguistics has, over the past couple years, taken the legal academy by storm. A product of linguistics departments, corpus linguistics is an empirical approach to the study of language through the use of large, electronic, and searchable databases of text called corpora.… Volume 70 (2017-2018)
Essay Blockchain’s Big Hurdle by Riley T. Svikhart on November 30, 2017 Blockchain technology can maintain accurate chains of title to securities and other legal instruments in a reliable electronic form. As private industries begin to recognize the cost-saving and risk-reducing potential of this technology, state legislatures are responding. Arizona’s H.B. 2417 is a prototypical state solution. In essence, the law requires parties to treat blockchain-secured records,… Volume 70 (2017-2018)
Essay Leidos and the Roberts Court’s Improvident Securities Law Docket by Matthew C. Turk & Karen E. Woody on November 28, 2017 For its October 2017 term, the U.S. Supreme Court took up a noteworthy securities law case, Leidos, Inc. v. Indiana Public Retirement System. The legal question presented in Leidos was whether a failure to comply with a regulation issued by the Securities and Exchange Commission (SEC), Item 303 of Regulation S-K (Item 303), can be grounds for a… Volume 70 (2017-2018)
Essay Confederate Statute Removal by Aneil Kovvali on October 28, 2017 Certain state governments have adopted statutes that are designed to prevent city governments from eliminating memorials to Confederate forces and leaders. Critics of these controversial statutes generally focus on the moral issue of preserving statues honoring white supremacy. This Essay highlights a different set of concerns: These statutes suppress the speech of cities while compelling… Volume 70 (2017-2018)