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,…