I. INTRODUCTION Victor Ray’s new book, On Critical Race Theory, offers non-specialists the best available introduction to critical race theory. Before its publication, the standard introductions have been the classic works by legal scholars Kimberlé Crenshaw and by Richard Delgado.1 … Continue reading
I. INTRODUCTION The COVID-19 pandemic brought the world to a standstill, infecting millions, and causing widespread economic and social disruption. The pandemic not only highlighted the importance of robust public health systems and emergency preparedness, but also brought to light … Continue reading
I. INTRODUCTION Even casual observers of American politics know that the fight for control over classrooms continues to rage as one of the most intense proxies of the broader culture war. Across college campuses, many activists make no bones about … Continue reading
I. INTRODUCTION The 2023 U.S. Supreme Court decision Students for Fair Admissions v. Harvard1 has been described as a “landmark”2 decision with respect to affirmative action. The Court held that race-based admissions policies at two U.S. universities violated the Equal … Continue reading
I. INTRODUCTION A multi-circuit split has illuminated a new issue in constitutional law: whether receiving advertisements and promotions in the form of text messages may constitute an injury for the purposes of standing. A majority of the circuits have held … Continue reading
I. INTRODUCTION The epidemic of drunk driving has reared its monstrous head across the nation’s highways for years.1 Approximately thirty-two people die in drunk-driving crashes every day in the United States alone, amounting to the loss of a human life … Continue reading
I. INTRODUCTION “Police caught an idiot driver in the middle of a Zoom video call while behind the wheel as he made his way to work yesterday.”1 That is an inflammatory statement, but many might feel the same way. “It … Continue reading
I. INTRODUCTION “Scotland Yard Detective Gregory: Is there any other point to which you would wish to draw my attention? Sherlock Holmes: To the curious incident of the dog in the night-time. Gregory: The dog did nothing in the night-time. … Continue reading
The law that governs public employee speech has engendered some serious criticism. Public employers can impose adverse employment actions (suspensions, firings, denying raises or promotions) for much speech that would be protected by the First Amendment from any action the … Continue reading
Introduction In the United States, thousands of employees in the private sector are misclassified as independent contractors.1 Employers have used misclassification to withhold workers’ benefits such as well-earned wages, benefits, and sick leave.2 This has a deleterious effect on working conditions and a cumulative … Continue reading