The Results Are In: Law Firms & Mandatory Arbitrations

6/11/18  //  Quick Reactions

The results of the survey to law firms recruiting on campus shows which firms use mandatory arbitration, and which firms deigned to respond at all.

Leah Litman

Michigan Law School

The Supreme Court’s Upside-Down Decision In Masterpiece

6/7/18  //  Quick Reactions

By Nelson Tebbe & Larry Sager: Now is the time to solidify our understanding of Masterpiece, because other wedding vendor cases are still pending in the Supreme Court and in lower courts.

Nelson Tebbe

Brooklyn Law School

Masterpiece Cakeshop– A Troublesome Application Of Free Exercise Principles By A Court Determined To Avoid Hard Questions

6/7/18  //  In-Depth Analysis

A system that threatens to overturn any administrative decision that appears tainted – even harmlessly – by signs of religious bias is one that will inevitably favor religious interests over other concerns

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

Fury and Despair over the Masterpiece Cakeshop Ruling are Misplaced

6/6/18  //  Quick Reactions

Justice Kennedy makes an open-ended call for tolerance and compromise in his opinion. For that, he should be commended

Masterpiece Cakeshop: The Loss that is a Win

6/5/18  //  Quick Reactions

In some cases, the public perception of a case — not its actual holding — is what is most important.

Amanda Shanor

The Wharton School

Ducking Day at the SCOTUS

6/5/18  //  Commentary

There are times when strategic ducking makes sense practically if not strictly legally

Michael C. Dorf

Cornell Law School

Versus Trump: Preventing The Prevention Of The Teen Pregnancy Prevention Program

5/17/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss a series of recent rulings that have stopped the Trump Administration from revoking federal grants to entities that have been working to reduce teen pregnancy. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

#MeToo: Update on Arbitration-Related Advocacy

5/16/18  //  Quick Reactions

Law students' advocacy led to a powerful letter to law firms recruiting on campus from many different law schools.

Leah Litman

Michigan Law School

Versus Trump: So, What's New?

5/10/18  //  Commentary

On this week's episode of Versus Trump, Easha and Jason reveal their big announcement: we're doing our first ever live show: Saturday, June 9, in DC, as part of the ACS National Convention. After that excitement, they get into a handful of updates about cases about auto emissions, HUD programs, the ban on military service by transgender individuals, and more. Listen now!

Easha Anand

San Francisco

Magic-Words Thinking in Trump v. Hawaii -- or, How Not to Assess Governmental Motive

4/25/18  //  Commentary

Giving President Trump the benefit of the doubt is one thing. Fictionalizing an account of his motive so as to avoid reaching a certain conclusion is something else.

Richard Primus

University of Michigan Law School

SCOTUS Travel Ban Argument Post-Mortem and the Surprising Relevance of Korematsu

4/25/18  //  Commentary

Korematsu holds that in a case like this one the obligation to strictly scrutinize invidiously discriminatory policies remains even when the government asserts a facially plausible national security justification.

Michael C. Dorf

Cornell Law School

This Week’s Blockbuster SCOTUS Cases Share a Troublesome Common Issue

4/24/18  //  Commentary

Both the travel ban case and the Texas redistricting litigation raise questions about the staying power of discriminatory intent.

Justin Levitt

Loyola Law School

Our Constitution Forbids a Religious Test for Immigration

4/19/18  //  Commentary

The Supreme Court should strike down Trump’s travel ban.

Here's Why SCOTUS Should Block Travel Ban 3.0

4/17/18  //  In-Depth Analysis

The government can't act based on animus toward particular religions. But that's exactly what Trump did.

Versus Trump: The Citizenship Question

4/5/18  //  Commentary

On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Listen now!

Easha Anand

San Francisco