Note: Stimulating Dialogue Between the Courts and Congress: Sprucing Up the “Statutory Housekeeping” Project
By Jeff Simard. Full text here. Gluck and Bressman’s recent survey of legislative drafters suggests that judges who interpret and construe statutes are not on the same page as those who draft and revise them. This disconnect seems especially glaring in light of the rise of statute-based law and the increasing impact that judicial statutory interpretation…
Continue ReadingNote: Treating Adults Like Children: Re-Sentencing Adult Juvenile Lifers After Miller v. Alabama
By Brianna H. Boone. Full text here. Miller v. Alabama continued the trend in Supreme Court cases finding that juvenile criminal offenders are less culpable than adult offenders, by holding that states cannot sentence juvenile offenders to mandatory life without parole. The Court held that it is cruel and unusual punishment to sentence a juvenile to…
Continue ReadingNote: When Volunteers Become Employees: Using a Threshold-Remuneration Test Informed by the Fair Labor Standards Act To Distinguish Employees from Volunteers
By Emily Bodtke. Full text here. Despite the recognized importance of determining who is an “employee” for purposes of legal coverage, the concept remains unsettled. The confusion over how to define “employee” is now spreading to upset the boundary between employees and volunteers. As voluntarily unpaid workers increasingly bring lawsuits alleging discrimination under federal statutes, a…
Continue ReadingChoice-of-Law as Non-Constitutional Federal Law
By Mark D. Rosen. Full text here. Domestic choice-of-law is widely bemoaned for being a chaotic mess, with states using a half dozen different approaches. But if we praise ‘our federalism’ for allowing states to adopt divergent laws that best reflect their citizens’ distinctive values, why are different tort and family laws across states normatively acceptable…
Continue ReadingThe Green Option
By Gideon Parchomovsky & Endre Stavang. Full text here. In this Article, we introduce an innovative market-based mechanism designed for the advancement of environmental goals. We propose enacting legislation that would empower (but not force) green firms to transfer a call option over a block of their shares to a publicly traded company of their choice.…
Continue ReadingReconceptualizing Non-Article III Tribunals
By Jaime Dodge. Full text here. The Supreme Court’s Article III doctrine is built upon an explicit assumption that Article III must accommodate non-Article III tribunals in order to allow Congress to “innovate” by creating new procedural structures to further its substantive regulatory goals. In this Article, I challenge that fundamental assumption. I argue that each…
Continue ReadingThe Constitutional Limit of Zero Tolerance in Schools
By Derek W. Black. Full text here. With the introduction of modern zero tolerance policies and harsh approaches to discipline, schools now punish much more behavior than they ever have before. The underlying problem is that not all behavior for which schools are expelling and suspending students is bad or serious. Schools have expelled the…
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