Note: It Can Do More Than Protect Your Credit Score: Regulating Social Media
By Nathan J. Ebnet. Full text here. A growing number of employers are factoring job candidates’ social media profiles into their hiring decisions. Employers value social media pre-employment screening because it provides access to previously unobtainable applicant information. However, job candidates are wary of social media pre-employment screening due to concerns over the trustworthiness and authenticity…
Continue ReadingNote: Judicial Review of SEC Rules: Managing the Costs of Cost-Benefit Analysis
By Rachel A. Benedict. Full text here. In the past seven years, the D.C. Circuit has vacated three Securities and Exchange Commission (SEC) rules for failing to conduct an adequate cost-benefit analysis. This string of cases culminated on July 11, 2011 when the D.C. Circuit overturned the SEC’s new proxy access rule. Strict judicial scrutiny of…
Continue ReadingNote: Loaded Questions: A Suggested Constitutional Framework for the Right to Keep and Bear Arms
By Reid Golden. Full text here. Recent developments in the interpretation of the Second Amendment left unanswered questions regarding the scope of the constitutional guarantee of armed self-defense. Most importantly, neither District of Columbia v. Heller nor McDonald v. City of Chicago set a firm standard for determining the constitutionality of gun-control laws. This determination is…
Continue ReadingNote: Juveniles Locked in Limbo: Why Pretrial Detention Implicates a Fundamental Right
By Shana Conklin. Full text here. At the birth of the juvenile court, reformers attempted to develop a system that melded child welfare concerns with crime control. Despite the founders’ original intentions, however, the juvenile court system has moved away from the therapeutic model to a punitive model. The increasingly punitive nature of the system…
Continue ReadingNote: Plausible Defenses: Historical, Plain Meaning, and Public Policy Arguments for Applying Iqbal and Twombly to Affirmative Defenses
By Matthew J.M. Pelikan. Full text here.
Continue ReadingNote: What “Being a Watchdog” Really Means: Removing the Attorney General from the Supervision of Charitable Trusts
By Kelly McNabb. Full text here.
Continue ReadingNote: Ugly on the Inside: An Argument for a Narrow Interpretation of Employer Defenses to Appearance Discrimination
By Mila Gumin. Full text here .
Continue ReadingNote: Dissent Without Disloyalty: Expanding the Free Speech Rights of Military Members Under the “General Articles” of the UCMJ
By Jason Steck. Full text here. Under Articles 133 and 134 of the UCMJ, military members enjoy far narrower free speech protections than civilian government employees. Even as courts have placed limits on the ability of the government to limit civilian employee speech under Pickering v. Board of Education, they have refused to limit the military’s…
Continue ReadingNote: Daubert Rises: The (Re)applicability of the Daubert Factors to the Scope of Forensics Testimony
By Geoffrey M. Pipoly. Full text here. “Forensics” is a broad term used to describe many techniques utilized by law enforcement for the purpose of gathering evidence and solving crimes. Fingerprinting, firearm and toolmark analysis, and shoeprint analysis are all examples forensic techniques. Although many forensics practitioners describe their fields as “science” or as “rooted in…
Continue ReadingNote: What Have I Opted Myself Into? Resolving the Uncertain Status of Opt-In Plaintiffs Prior to Conditional Certification in Fair Labor Standards Act Litigation
By Carl Engstrom. Full text here. Nearly all wage and hour cases are brought by multiple plaintiffs. This only makes sense—generally if one worker is not getting paid overtime, the same can be said of his or her co-workers. The effective functioning of the collective action device is therefore crucial to enforcing workers’ rights to a…
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