Recent Articles
Diploma Privilege and the Constitution
By the Collaboratory on Legal Education and Licensing for Practice Members: Claudia Angelos (New York University); Sara Berman (AccessLex Institute); Mary Lu Bilek (City University of New York); Carol L. Chomsky (University of Minnesota); Andrea Anne Curcio (Georgia...
What Can We Expect of Law and Religion in 2020?
By Leslie C. Griffin Twitter | SSRN Abstract The United States is in a religion-friendly mood—or at least its three branches of government are. The Supreme Court is turning away from its Free Exercise Clause analysis that currently holds that every religious person...
Representing Veterans
By Jennifer D. Oliva Twitter | SSRN Abstract Federal law has long deprived American veterans of certain fundamental legal rights enjoyed by non-veterans and attributable to veteran sacrifice. Federal case law, for example, denies veterans the right to bring an action...
Rethinking Foster Care: Why Our Current Approach to Child Welfare Has Failed
By Vivek Sankaran & Christopher Church Prof. Sankaran: Twitter | SSRN Prof. Church: SSRN Abstract Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant...
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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