By Emily C. Atmore. Full text here. Would you rather protect employee rights or stimulate economic growth? It seems like an impossible choice. This is a dichotomy that has been debated by scholars and lawmakers throughout history. Most recently, this issue has arisen in the context of the so-called gig economy. The gig economy uniquely challenges…

By Franklin R. Guenthner. Full text here. When state governments overrule local ordinances, but do not replace those local laws with affirmative statewide policies, does that constitute a valid act of city-state preemption? From North Carolina, where the passage of the now infamous (and recently repealed) HB2 overruled Charlotte’s LGBT civil protections; to Arizona, where…

By Anabel Cassady. Full text here. Full text here. Blended sentencing laws allow judges to impose either or both a juvenile court disposition and an adult criminal court sentence on certain juvenile offenders. Minnesota’s blended sentencing statute, known as Extended Jurisdiction Juvenile (EJJ), was enacted in 1995 with the intention of giving juveniles “one last chance…

By Amanda McAllister. Full text here. As we approach the impending technological revolution of the proliferation of robots and weapons on the spectrum of autonomy, we run the risk of being “one technology behind” in anticipating the changing legal landscape in the next season of human-technology interaction. Specifically, the development and emergence of autonomous robots and…

By Julia Glen. Full text here. Women hold far fewer seats on U.S. corporate executive boards than men, despite composing nearly half of the workforce. In 2015, women held only 16.5% of the top five executive board positions in businesses on the S&P 500, and fourteen percent of all executive board positions. Internationally, governments are instituting…

By Roxanne Thorelli. Full text here. One of the newest social enterprise business forms—the benefit corporation—is becoming increasingly popular throughout the United States. Since its formal beginnings in 2010, thirty states and the District of Columbia have passed benefit corporation legislation, and seven other states are currently in the process of passing legislation. The benefit corporation…

By Gerald S. Kerska. Full text here. State-mandated occupational licensing laws are prevalent in the United States. Indeed, one-quarter of all Americans need a license to engage in their professions. Over the past decade, the most onerous of these regulations have come under attack in federal court for violating the Due Process and Equal Protection Clauses…

By James M. Sweeney. Full text here. Traditional laws—statutes, judicial opinions, and regulations—are not eligible for copyright protection. This principle is firmly established in over one hundred years of case law, despite the Copyright Code not expressly addressing the eligibility of laws. This has caused little controversy. In the last few decades, however, federal agencies have…

By Charles Barrera Moore. Full text here. The International Criminal Court (ICC) was initially lauded for expanding the scope of crimes considered to violate international norms; however, as inclusive as the Rome Statute of the International Criminal Court has been for gender-based crimes, the ICC has yet to extend the same benefits to the lesbian,…

By Kristin M. McGaver. Full text here. There is an extensive history and tradition of labeling Supreme Court Justices as “swing voters” and “swing Justices.” And yet, the content of these labels remain woefully unclear. Modern uses of the terms fall on a continuum, conveying negative to positive sentiments with no clear definition. Complicating things further,…