Recent Articles
The Rise of the Viewpoint-Discrimination Principle
By Lackland H. Bloom, Jr. Abstract The Supreme Court’s freedom-of-speech jurisprudence is complicated. There are few hard and fast rules. One is that judicially-imposed prior restraints on speech are hardly ever permissible. In recent years, another hard and fast rule...
Overwriting and Under-Deciding: Addressing the Roberts Court’s Shrinking Docket
By Meg Penrose Abstract “The duty to decide is the primary judicial duty.” If one agrees with Judge Posner, then the Roberts Court is shirking its primary duty. Empirically, the Roberts Court is the least productive of any Supreme Court. It averages less than 70...
Should Good People Be Doctors? A Comment on Paul Butler and Anonymous
By Richard Delgado Abstract This is a nervous period for progressive people. The advent of an administration seemingly dedicated to mass cruelty has raised concerns over the line between conscionable and unconscionable work—always high—to fever pitch, and produced...
Recent Student Work
Suspended for Sexual Assault, Now What?—The Sixth Circuit Splits from the Second on a Pleading Standard for Reverse Title IX Actions
By Thomas Campbell Abstract It should not come as a surprise that sexual assault on college campuses has been a major area of concern in the past decade. In 2011, the Department of Education’s Office for Civil Rights (OCR) released the “Dear Colleague Letter” (the...
Standing in the Way of Parental Rights—The Texas Supreme Court Resolves Courts of Appeals Split in Favor of Nonparents
By Madison Bertrand Abstract In In re H.S., the Supreme Court of Texas held that a nonparent has standing to pursue a suit affecting the parent-child relationship (SAPCR) even when the child’s parents have not wholly relinquished their parental rights and...
Issue Classing—The Express Checkout of Class Actions
By Shaquille Grant Abstract In Martin v. Behr Dayton Thermal Products LLC, the Sixth Circuit interpreted how Federal Rule of Civil Procedure 23(b)(3)’s requirements interact with Federal Rule of Civil Procedure 23(c)(4). Rule 23(b)(3) provides that a class action may...
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