If a Lone Pine Falls in the Sixth Circuit And No One Hears it, Does it Make a Sound?

Multidistrict litigation (MDL) has been described both as a “just and efficient” method of consolidating lawsuits and a judicial hell-hole akin to “the third level of Dante’s inferno.” While its normative value likely falls somewhere in the middle, it is no secret that multidistrict litigation involves “unorthodox” civil procedure. Judges attempting to wrangle the “Wild […]

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. […]

Sex Discrimination in Healthcare: Section 1557 and LGBTQ Rights After Bostock

HHS under the Trump administration finalized a new rule in June 2020 that officially stripped sexual orientation and gender identity from Section 1557’s safeguards. Whether the position taken by the Trump administration can stand is now the subject of several legal challenges, particularly in light of the recent Supreme Court decision Bostock v. Clayton Co., which held that sexual orientation and gender identity discrimination are forms of sex discrimination for purposes of Title VII employment discrimination. The Biden administration is likely to propose its own Section 1557 rule that again protects LGBTQ people, prompting further legal challenges. The stage is set for an eventual Supreme Court review of the question of whether Section 1557, and Title IX, necessarily ban LGBTQ discrimination after Bostock. The stakes could not be higher for LGBTQ people. […]

The New Supreme Court

[…] For conservatives, what I have described is an occasion for great celebration. They have succeeded in their goal of a very conservative Court. For liberals, like me, the challenge is enormous. No longer can we imagine the Court as a possibility for progressive change. We must look to state courts and the political process for that, while fearing how the Court will strike down progressive federal, state, and local laws. We also must consider reforms of the Supreme Court—such as increasing its size—if we want an alternative to a far-right Supreme Court for a long time to come.

What We Can All Learn from Ruth Bader Ginsburg

Tracing the arc of someone’s life and examining their choices, relationships, education, and career path are our usual reactions to the death of someone notable. In RBG’s case, the results of such study are almost overwhelming, but I focus in this essay on five lessons I learned from her. […]