Torts

Modern Tort Law: Preventing Harms, Not Recognizing Wrongs

Discrimination

Implicit Bias in the Age of Trump

Asylum

In the Best Interests of the Child Asylum-Seeker: A Threat to Family Unity

Indian Law

Tribes Can Prohibit Abortions In Indian Country

Federal Courts

Interpreting Congress’s Creation of Alternative Remedial Schemes

Race and the Law

Black Lives Discounted: Altering the Standard for Voir Dire and the Rules of Evidence to Better Account for Implicit Racial Biases Against Black Victims in Self-Defense Cases

Copyright

Skidmore v. Led Zeppelin

Ninth Circuit Confines the Scope of Copyright in Compositions Under the 1909 Act to the Deposit Copy.

Statutory Interpretation

State v. Degroot

Minnesota Supreme Court Adopts Plain Meaning Interpretation of Criminal Attempt Statute, Minimizing Role of Statutory Context.

First Amendment

Washington Post v. McManus

Fourth Circuit Invalidates Maryland’s Online Campaign Advertising Disclosure Law.

National Security Law

Data Protection Commissioner v. Facebook Ireland Ltd.

Court of Justice of the European Union Invalidates the EU-U.S. Privacy Shield.

Indian Law

Oneida Nation v. Village of Hobart

Seventh Circuit Holds that Oneida Nation Remains Intact.

Employment Law

Gogel v. Kia Motors Manufacturing of Georgia, Inc.

Eleventh Circuit Holds that Human Resource Employee’s Encouragement of Coworker to File EEOC Charge Was Not Protected Activity.

Appellate Procedure

New York v. U.S. Department of Justice

Second Circuit Declines to Rehear Immigration Case En Banc, Despite Circuit Split.

Administrative Law

Ass’n for Community Affiliated Plans v. U.S. Department of the Treasury

D.C. Circuit Upholds Agency Rule Expanding Exception to Affordable Care Act.