Note: What’s My Age Again? The Immigrant Age Problem in the Criminal Justice System
By Ross Pearson. Full text here. Each year, immigrants arrive in the United States without knowing their exact age. When they arrive, United States Citizenship and Immigration Service (USCIS) provides each immigrant official documents that list personal information, including a birth date. When immigrants do not know their exact age, USCIS allows them to use an…
Continue ReadingNote: Amending Title VII to Safeguard the Viability of Retaliation Claims
By Brandon Wheeler. Full text here. Before a victim of employment discrimination can pursue her claims in federal court, she must first exhaust her administrative remedies. This is done by filing a charge with the Equal Employment Opportunity Commission or an equivalent state agency. After reviewing and investigating the charge, the EEOC usually issues a “right-to-sue”…
Continue ReadingNote: Blocking Blocks at the Border: Examining Standard-Essential Patent Litigation Between Domestic Companies at the ITC
By Matthew Norris. Full text here. The United States International Trade Commission was created to protect domestic industry and American workers from illegal foreign trade practices. Increasingly, domestic companies have turned to the ITC seeking relief for the infringement of standard-essential patents (SEPs) by other domestic companies. In exchange for having their patented technologies adopted as…
Continue ReadingGovernment Nonendorsement
By Nelson Tebbe. Full text here. What are the constitutional limits on government endorsement? Judges and scholars typically assume that when the government speaks on its own account, it faces few restrictions. In fact, they often say that the only real restriction on government speech is the Establishment Clause. On this view, officials cannot endorse Christianity…
Continue ReadingCasual Ostracism: Jury Exclusion on the Basis of Criminal Convictions
By Anna Roberts. Full text here. Statutes in forty-eight states permit the exclusion of those with felony convictions from criminal juries; thirteen states permit the exclusion of those with misdemeanor convictions. The reasons given for these exclusions, which include the assumption that those with convictions must be embittered against the state, do not justify their…
Continue ReadingTattoos & IP Norms
By Aaron Perzanowski. Full text here. The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over…
Continue ReadingSpeech, Citizenry, and the Market: A Corporate Public Figure Doctrine
By Deven R. Desai. Full text here. Corporate speech is out of balance. Corporations now enjoy expanded speech rights, but the ability to speak about corporations is restricted. This situation must change. That corporations are people for First Amendment questions is a fait accompli. We can debate the merits or wisdom of that fact, but the…
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