By Taylor C. Stippel. Full text here. Since the mid-1990s, courts have construed the Family and Medical Leave Act (FMLA) to allow for the imposition of individual liability on private sector supervisors. Reasoning that the FMLA’s definition of “employer” parallels the definition of “employer” in the Fair Labor Standards Act (FLSA), and noting that individual liability…

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By Alysha L. Bohanon. Full text here. Government entities increasingly rely on their social media pages to inform and interact with their constituents. These posts can attract a wide range of comments from the public—some of which are thoughtful and informed, while others are downright hateful, racist, threatening, or vulgar. May a government entity remove…

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By Allen Cook Barr. Full text here. Since Apple brought encryption technology into wide public use with its inclusion on the iPhone, there have been calls from law enforcement for technology companies to include backdoors—the ability to bypass the encryption and access information even if one does not have the password, fingerprint, et. cetera normally required…

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By Justin Pidot. Full text here. What should the Supreme Court do with a tie vote? A long-standing rule provides that when the Justices are evenly divided, the lower court’s decision is affirmed and the Supreme Court’s order has no precedential effect. While tie votes arise with relative rarity, the recent death of Justice Antonin Scalia…

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By Daniel J. Hemel & Lisa Larrimore Ouellette. Full text here. The conventional economic justification for global IP treaties begins from the premise that nation-states, if left to their own devices, will rationally underinvest in innovation incentives such as IP laws, grants, tax credits, and prizes (the “underinvestment hypothesis”). Under this account, nation-states will free-ride on…

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By Orly Lobel. Full text here. New digital platform companies are turning everything into an available resource: services, products, spaces, connections, and knowledge, all of which would otherwise be collecting dust. Unsurprisingly then, the platform economy defies conventional regulatory theory. Millions of people are becoming part-time entrepreneurs, disrupting established business models and entrenched market interests, challenging…

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By Helen Norton. Full text here. Employers’ lies, misrepresentations, and nondisclosures about workers’ legal rights and other working conditions can skew and sometimes even coerce workers’ important life decisions as well as frustrate key workplace protections. Federal, state, and local governments have long sought to address these substantial harms by prohibiting employers from misrepresenting workers’ rights…

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By Guido Calabresi & Eric S. Fish. Full text here. States form federalist unions when they want to align for economic or security reasons in spite of fundamental moral disagreements. By decentralizing policy-making authority, federalism allows such states to enjoy the benefits of union without being made to live under laws their citizens find immoral. But…

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