Commentaries

Cross-Statute Employment Discrimination Claims and The Need For A “Super Statute”

Congress has not drafted one statute to govern all claims of employment discrimination, regardless of whether those claims are based upon any of the protected classifications of race, sex, religion, national origin, age, and disability. The factors which Plaintiff seeks to lump together in this lawsuit under the title of “age-plus” theories of discrimination areContinue reading “Cross-Statute Employment Discrimination Claims and The Need For A “Super Statute””

Sentencing Co-Offenders

ABSTRACT Tort law and criminal law are the two main vehicles utilized by the state to deter wrongful behavior. Despite the many similarities between the two legal fields, they differ in their treatment of collaborations. While tort law divides liability among joint-tortfeasors, criminal law abides by a no-division rule that imposes on each co-offender theContinue reading “Sentencing Co-Offenders”

Lowball Rural Defense

Abstract Focus on the deleterious effects of the privatization of functions in both the criminal adjudicative system and criminal legal system has increased on both the scholarship and policymaking fronts. Much of this attention lately has been directed toward privatized police forces, privatized prisons, and even privatized prosecutors. As important as the examination of privatizationContinue reading “Lowball Rural Defense”

The [E]x Factor: Addressing Trauma from Post-Separation Domestic Violence as Judicial Terrorism

Abstract When victims of intimate terrorism leave their abusers, the abuse rarely ends. While many victims exit intimate relationships to try to escape the abuse, for most, their bravery in leaving only angers their abusers further. Rather than lose control over their victims, many abusers continue to manipulate and terrorize their former intimate partnersContinue reading “The [E]x Factor: Addressing Trauma from Post-Separation Domestic Violence as Judicial Terrorism”

Regulating Speech Online: Free Speech Values in Constitutional Frames

ABSTRACT Regulating speech online has become a key concern for lawmakers in several countries. But national and supranational regulatory efforts are being met with significant criticism, particularly in transatlantic perspective. Critiques, however, should not fall into the trap of merely relitigating old debates over the permissibility and extent of regulating speech. This Article suggests thatContinue reading “Regulating Speech Online: Free Speech Values in Constitutional Frames”

Diversity and the Federal Bench

Justice Sonia Sotomayor’s appointment was historic. She is the first Latina Supreme Court member and President Barack Obama’s initial appointment. Her confirmation is the quintessential example of his commitment to increasing ethnic and gender diversity in the judiciary; it epitomizes how the administration has nominated and appointed people of color and women to the appellateContinue reading “Diversity and the Federal Bench”

The Case for Employee Referenda on
Transformative Transactions As Shareholder
Proposals

This proposal would amend the bylaws to provide for a non-binding employee vote on any merger, acquisition, or other corporate combination on which the shareholders are also entitled to vote. The purpose of the referendum is to provide shareholders with information regarding the employees’ views on the transaction. Employees are in the midst of theContinue reading “The Case for Employee Referenda on
Transformative Transactions As Shareholder
Proposals”

Closing the Legislative Experience Gap: How a
Legislative Law Clerk Program Will Benefit the
Legal Profession and Congress

In this gloomy hiring season there is at least one increasingly bright spark, one that may light the way to a new kind of apprenticeship experience for future participants in the highly competitive nationalclerkship market. Pending in the U.S. Senate isHouse Bill 151, and its Senate companion, Senate Bill 27, that would for the firstContinue reading “Closing the Legislative Experience Gap: How a
Legislative Law Clerk Program Will Benefit the
Legal Profession and Congress”

Bailouts, Bonuses, and the Return of Unjust Gains

In March 2009, ailing insurance giant American International Group (AIG) triggered a national outcry when it paid out $165 million in government bailout funds for employee bonus incentives. President Obama called the bonus payments an “outrage” and promised that his administration would “pursue every single legal avenue to block these bonuses and make the taxpayersContinue reading “Bailouts, Bonuses, and the Return of Unjust Gains”

Executive Weapons to Combat Infection of the Art Market

Over the years, the executive branch has seized Nazi loot in various ways. The seizure that launched the modern Holocaust-era art movement was that accompanying the civil forfeiture proceeding filed in federal court in 1999 against Portrait of Wally, a painting by Egon Schiele. The seizure caused an uproar in the art world, which largely wasContinue reading “Executive Weapons to Combat Infection of the Art Market”