Reconstruction in Legal Theory
By George Rutherglen. Full Text. This essay examines the well-known difficulties encountered by legal theorists in offering a justification for Brown v. Board of Education in the immediate aftermath of the decision. It locates these difficulties in the inadequacy of legal theory at the time, which had taken a turn away from normative principles towards…
Continue ReadingNonessential Businesses and Liability Waivers in the Time of COVID-19
By Zahra Takhshid. Full Text. Abstract: States are gradually reopening after months of lockdown. However, the risk of exposure to the deadly COVID-19 virus still remains. While states would like to have the economy up and running, the price that small businesses may be forced to pay following possible coronavirus personal injury lawsuits may drive…
Continue ReadingBostock, LGBT Discrimination, and the Subtractive Moves
By Andrew Koppelman. Full Text. Abstract: In Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, covers discrimination on the basis of sexual orientation and gender identity. The dissenting Justices, following the reasoning of several Court of Appeals judges, embraced…
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