Note: 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 ReadingEssay, Donor Disclosure: Undermining the First Amendment
By Cleta Mitchell. Full text here.
Continue ReadingLessons Learned: Political Advertising and Political Law
By Kenneth Goldstein, David A. Schweidel, & Mike Wittenwyler. Full text here.
Continue ReadingMatching Political Contributions
By Spencer Overton. Full text here.
Continue ReadingSuper PACs
By Richard Briffault. 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…
Continue Reading