General

Recent Case: Preterm-Cleveland v. Himes

November 18, 2019

For at least the second time this year, the Sixth Circuit has ruled on an Ohio law aimed at restricting access to abortion. In 2017, then-Governor John Kasich signed into law House Bill 214, which made it a felony for a doctor to perform an abortion if she has knowledge that the pregnant person is…

Recent Case: New York v. Department of Health and Human Services

For decades, “conscience clauses” in statutes governing health care have protected the rights of employees from acting against their religious and moral beliefs.  Critics of these provisions insist that there is a greater risk of discrimination against patients than discrimination against employees.  Recently, in New York v. Department of Human and Health Services, Judge Engelmayer…

Recent Case: Winzer v. Kaufman County

November 11, 2019

What is the difference between a legal opinion and an op-ed column?  Judge James Ho of the Fifth Circuit appears to think not much.  Recently, in Winzer v. Kaufman County, Judge Ho penned a dissent from an order denying a petition for rehearing en banc that seems better suited for the pages of the Dallas…

Recent Regulations: Federal Reserve’s Risk Tailoring Rules

October 29, 2019

What was the Financial Crisis? Was it a mortgage bubble that burst the economy? Or risky decisions by investment bankers? Did it result from funding shortfalls in the shadow banking sector? Or was it the outcome of regulatory oversights? Whatever the answer is to this question – and it may well be all of the…

Recent Case: Salazar v. McDonald’s Corp.

October 18, 2019

Over 90 percent of McDonald’s restaurants in the United States are franchises.  Franchising has many benefits for both the franchisor (who saves substantial operating expenses) and the franchisee (who can leverage the franchisor’s brand name and startup resources).  But there are serious drawbacks to the franchise model for employees, whose legal recourse against a franchisor…

Recent Case: Common Cause v. Lewis

October 15, 2019

The role of the judiciary in partisan gerrymandering is a topic du jour. This past summer, in a dispute over North Carolina’s congressional maps, the United States Supreme Court closed the federal courtroom doors to all partisan gerrymandering claims, declaring the issue non-justiciable in Rucho v. Common Cause. But the Court wrote that “[p]rovisions in…

Recent Case: Prometheus Radio Project v. FCC

October 8, 2019

“Here we are again.”  The Third Circuit has had enough in Prometheus Radio Project v. FCC (“Prometheus IV”), the FCC’s fourth loss in a series of cases spanning over fifteen years, as the court vacated a set of FCC policies for analytical shortcomings.  In reaching this decision, the court implicitly invoked two central principles: that…

Recent Case: Washington v. Rivera

October 7, 2019

Probation is often a punishment reserved for those who would otherwise be in jail, such as those who have committed felonies or misdemeanors. In Georgia, drivers who are put on probation can also find themselves in jail when accused of not paying off their speeding tickets. Recently, in Washington v. Rivera, the Eleventh Circuit held…

Examining the Interface Between Rights and Queues

December 5, 2017

Queues are a mundane and ubiquitous feature of our modern lives. We are all waiting in line for something, at least some of the time, whether in physical places or in virtual environments. We all feel indignant, at least most of the time, when “queue jumpers” cut in. The queue provides an ordered sequence of…

The Harvard Law Review Gets a Blog

October 17, 2017

The Harvard Law Review starting a blog is an important moment. Law reviews have been crawling in this direction — toward shorter, somewhat less-heavily footnoted, somewhat less-heavily edited, more timely, and more relevant forms of writing — for a while. The Harvard Law Review, like many journals, has an “online only” component of shorter essays,…

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