Vol. 139 No. 7 The Supreme Court promises that government action is illegitimate if it “lack[s] any purpose other than a ‘bare . . . desire to harm a politically unpopular group.’”...
When an employer-sponsored health plan covers mastectomies for cancer but excludes them for gender dysphoria, is that sex discrimination under Title VII? The Eleventh...
West Virginia v. B.P.J., now before the Supreme Court, raises a question that lower courts are already struggling to answer. During oral argument, Chief...
Response to Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed
Vol. 139 No. 2 After the attack on Israel of October 7, 2023, a new protest movement erupted on America’s campuses. Unlike the protests of previous decades, these...
Vol. 139 No. 1 Sixteen years ago, Justice Scalia warned of an “evil day on which the [Supreme] Court will have to confront the question: Whether, or to...
Vol. 139 No. 1 The past eighteen months have seen an unprecedented wave of claims by public officials and private plaintiffs that universities are violating their legal obligations...
Vol. 138 No. 8 The fundamental right to expressive association first emerged in NAACP v. Alabama ex rel. Patterson, a case that shielded a civil rights organization from...
Employment antidiscrimination law has been steadily eroding, the result of a dilemma it has never fully resolved: its relationship with identity. I. From Ricci...
Vol. 138 No. 7 The hate crime enhancement in the federal sentencing guidelines, U.S.S.G. § 3A1.1(a), increases a defendant’s offense level by three if they “intentionally selected any victim . . . because...
