This Article explains why we should view the experiences of LGBTQ youth in the child welfare system as an essential part of the debate over religious liberty and LGBTQ equality. It further describes why it is necessary to include eliminating LGBTQ-based child welfare inequality within a broader vision of a fully inclusive LGBTQ antidiscrimination regime. To accomplish these goals, this Article recasts religious exemptions involving LGBTQ child welfare through the lens of historical theories of sexual deviance in the fields of criminology, psychology, and sociology.

How do administrative agencies interpret statutes? This Article looks behind the black box of agency statutory interpretation to review how administrative agencies use canons of construction and other tools of statutory interpretation to decide cases. Surveying over 7000 cases heard by the National Labor Relations Board (NLRB) from 1993–2016, I analyze the statutory methodologies the Board uses in its decisions in order to uncover patterns over time. Overall, I find no ideological coherence to statutory methodology. Board members often use statutory methodologies with dueling purposes, with majority and dissenting Board members using the same statutory methodology to support contrasting outcomes. The Board has also changed how it interprets statutes over time, relying in recent years more on policy pronouncements and textual debates and less on precedent or legislative history as the primary method of interpretation. After analyzing the empirical data, I set forth policy recommendations for how agencies should interpret statutes.

By Chrystin Ondersma. Full text here. For individuals struggling to make ends meet, an emergency expense or sudden drop in income can be catastrophic. Often credit is the only option available in such emergencies, but taking out credit can worsen an already precarious financial situation—individuals and families may go without food or electricity in order to…

By Stavros Gadinis and Amelia Miazad. Full text here. Although corporate wrongdoing can reach an immense scale with disastrous ramifications, holding boards accountable has long been perceived as elusive. Under both state fiduciary duty law and federal securities doctrine, directors and officers are liable only if they were aware of corporate failures or reckless in ignoring…