The Corporate Commonwealth: Reconceiving Our Metaphors for Business in Society

MarketWatch made a startling error when it reported last year that Amazon’s Climate Pledge, created as a corporate commitment to carbon neutrality, had secured signatories like Microsoft and Unilever. Amazon’s Climate Pledge is measured against (and competes with) the timeline of the Paris Climate Agreement, a treaty from which the United States notably began its […]

Are Secret Juries Bad for Black People?

The Dalai Lama said that “a lack of transparency results in distrust and a deep sense of insecurity.” If that’s right, Black people should have immense distrust in our jury system and should feel insecure in the notion that it can deliver justice. Transparency is a necessary cornerstone of a well-functioning democracy. In the words […]

Reasonably Outrageous? Tort Standards for a Polarized Body Politic

Despite the grave injuries suffered by individuals during the Capitol Hill riot, the context in which the riot originated may actually render IIED an inviable cause of action under extant case law. Against the backdrop of weeks—if not years—of polemic political discourse and alt-right protests, was the violence of January 6th actually outrageous? It certainly wasn’t unexpected, at least to those who had been paying attention. […]

The Pitfalls of Food and Nutrition Block Grants

Block grants can provide states with flexibility over SNAP requirements. However, keeping SNAP as an entitlement program will better provide benefits to individuals in need. Instead of reviving politically contentious debates each time Congress discusses SNAP block grants’ budget, Congress should maintain SNAP’s current entitlement program to better to prioritize anti-hunger goals. […]

Class as Protected

The impact of slipping into poverty is all-encompassing; I mean that in the way that poverty will impact every step and crevice of your financial health, physical health, and mental health for the rest of your life. So why aren’t there more legal protections for poor Americans? As it stands, socioeconomic status is not a protected class under anti-discrimination laws. But it should be—and here’s why. […]

Negotiating Trauma & the Law: Maybe We Won’t “Shake It Off”

But, in 2020, lawyers cannot afford to buy the myth that trauma is an aberration in the profession of otherwise Teflon-coated lawyering machines. Negotiating trauma is perhaps as old as the profession, even though we may have never given that emotional labor nomenclature or visibility, to our detriment. […]

Abandoning Centrality: Multidistrict Litigation After COVID-19

Courts around the country have adapted to the reality of socially distanced litigation, allowing virtual hearings and even trials to take place over the Internet. This infrastructure will outlast COVID-19 and will minimize the burden of traveling for litigation. In the face of these changes, the JPML should accordingly limit the importance of geographic centrality when choosing a forum for multidistrict litigation.

The Case for Affirmative Action

Proposition 16 would undo Proposition 209. Its passage would not create racial quota systems, which the Supreme Court, in University of California v. Bakke, deemed unconstitutional, but would make it possible for state offices to consider applicants’ identities when making decisions about where resources are allocated and access is granted. […]