Tag: Supreme Court
Global Warming and the Law: Why Legal Technicalities are Harming Our Environment
By Danny Ho The global warming controversy encompasses the on-going dispute about whether or not human activities, such as carbon dioxide emissions from automobiles, affect the global climate. Studies from scientific journals, such as the Environmental Research Letters, show that the general scientific community attributes global warming to human action. The Obama administration operates under…
29 Nov 2016
Dismantling Voting Rights Part II: Implications of Shelby County
In Part II of her two-part series, Madeline Weiss discusses the VRA’s successes and the implications of the Shelby County decision on voting rights in America.
7 Jan 2014
Workplace Harassment: Grab Your Dictionaries
Brian Hurd examines workplace harassment law and the Supreme Court’s latest take on employer liability in Vance v. Ball State University. Vance is a victory for employers.
19 Nov 2013
Sense of Relief in the Midst of Immigrants’ Desperation
Jessica Flores analyzes how a recent Massachusetts Supreme Judicial Court decision impacts certain immigrants.
29 Oct 2013
ObamaCare Recusal
Requests that some justices recuse themselves from hearing the healthcare cases reveal the public’s declining trust of the Supreme Court.
10 Jan 2012
The Limits of Conscientious Objection
Professor Michael Dorf explores why conscientious objectors to gay marriage are not given the same deference as other conscientious objectors such as Quakers opposed to serving in the military. He also discusses what level of participation,in an act considered immoral, is required by a conscientious objector for an exemption to be recognized by the law.
11 Oct 2011
Vaccine Torts and Bruesewitz v. Wyeth
Professors Jeff Van Detta and Joanna Apolinsky comment on Bruesewitz v. Wyeth, which ruled that federal law immunized vaccine-manufacturers from design-defect tort claims under state law. The Supreme Court cited Detta and Apolinsky’s article “Rethinking Liability for Vaccine Injuries”, published in the JLPP, in their holding.
22 Aug 2011
Ending Gender Discrimination in the Workplace by Sarah Chon
Two recent Supreme Court decisions highlight some obstacles still impeding the goal of achieving of full gender equality in the workforce through the judicial system. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex in the workplace but in two recent cases, the Supreme Court narrowed the efficacy…
19 Nov 2010
Charting The Supreme Court’s Burden-Shifting Jurisprudence in Employment Discrimination Cases Through Gross v. FBL Services, inc. by Jeff Weber
I. Introduction “[I]t has become evident in the years since . . . that [the] burden-shifting framework is difficult to apply. . . . Thus, even if [the burden-shifting framework were] doctrinally sound, the problems associated with its application have eliminated any perceivable benefit from extending its framework to ADEA claims.”[1] With this sweeping language,…
19 Nov 2010