A number of scholars, journalists, and at least one member of Congress claim that the current Supreme Court (the “Roberts Court”) is more favorable to business than previous Supreme Courts have been. Other commentators disagree, while acknowledging that the Roberts Court is “less hostile to enterprise than the Warren Court” was; one of these commentators […]
While the Supreme Court’s decision in Hosanna-Tabor v. EEOC has been hailed as an unequivocal victory for religious liberty, the Court’s holding in footnote four––that the ministerial exception is an affirmative defense and not a jurisdictional bar––undermines decades of conventional thinking about the relationship between church and state. For some time, a wide range of […]
When asked to name the most substantial civil rights victory for people with disabilities in recent years, many would choose the Americans with Disabilities Act Amendments Act of 2008. However, this Article contends that the Affordable Care Act (ACA) also represents a significant—albeit unconventional—advance for disability rights. Historically, health law and civil rights law have […]
Because we hold individuals criminally liable for infliction of “bodily” injury, but impose no criminal sanctions for infliction of purely “mental” injury, the criminal law rests in large part on a distinction between mind and body. Yet the criminal law is virtually silent on what, exactly, constitutes “bodily injury.” This Article explores the content of […]
In its wake, commercial bribery leaves increased costs of business, decreased governmental standards and honesty, and a culture of corruption. To combat, and hopefully correct, the evils of corporate bribery, governments have enacted laws to prosecute those willing to pay bribes to garner unfair competitive advantages. Since 1977, the Foreign Corrupt Practices Act (FCPA) has […]
Challenged by explosive growth in Medicaid enrollment and devastating budget shortfalls, Medicaid provider payments have become a primary target of many state budget-cutting measures. This has left many of the sixty million Americans who rely on Medicaid without access to needed care. Traditionally, Medicaid beneficiaries and providers have relied on the courts to enforce Medicaid’s […]
If It’s in the Game, Is It in the Game?: Examining League-Wide Licensing Agreements After American Needle
After the Supreme Court’s decision in American Needle, Inc. v. National Football League in 2010, the National Football League’s (NFL) ability to license league intellectual property as a collective whole has been called into question. If the caselaw that emerges from American Needle completely precludes the League from being treated as a single entity, any […]
- Note: Maximizing the Min-Max Test: A Proposal To Unify the Framework for Rule 403 Decisions
- Note: Anticompetitive Until Proven Innocent: An Antitrust Proposal To Embargo Covert Patent Privateering Against Small Businesses
- New Economy, Old Biases
- Will LGBT Antidiscrimination Law Follow the Course of Race Antidiscrimination Law?
- “The More Things Change . . .”: New Moves for Legitimizing Racial Discrimination in a “Post-Race” World
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