Married on Saturday and Fired on Monday: Hively v. Ivy Tech Community College: Resolving the Disconnect under Title VII
Shannon M. Bond, J.D., University of Nebraska College of Law, 2019
"This Note evaluates whether employment discrimination based on sexual orientation is protected under Title VII’s prohibition of discrimination based on sex."
The Omnipotent School Administrator: Seeking to Curb Restriction of Off-Campus Student Speech in the Wake of C.R. v. Eugene School District 4J
Nicholas McGrath, J.D., University of Nebraska College of Law, 2019
"This Note aims to articulate a workable threshold test for determining whether an individual’s off-campus speech falls under the regulatory umbrella of school officials and the diminished protection of the First Amendment."
Electoral Votes, the Senate, and Article V: How the Architecture of the Constitution Promotes Federalism and Government by Consensus
Richard F. Duncan, University of Nebraska College of Law
"The primary focus of this Article will be to attempt to understand how the electoral vote system for the Presidency, the structure of representation in the U.S. Senate, and the ratification process of Article V protect federalism and the rights, interests, and liberties of we the people of the several states."
Innovative Antitrust and the Patent System
Gregory Day, Oklahoma State University Spears School of Business
"[T]his Article employs an original dataset, quantitative methods, and case studies to examine the effects of antitrust’s numerous policy levers on the rate of innovation in the United States."
Goodwill Hunting Gone Bad: Tax Law’s Outmoded Treatment of Goodwill
Mitchell L. Engler, Yeshiva University, Benjamin N. Cardozo School of Law
"The proposed legislative changes here would eradicate the current 'badwill hunting' association under the tax law and restore the appropriate 'good' back into the positive goodwill attribute."
Holding Federal Prison Officials Accountable: The Case for Recognizing a Damages Remedy for Federal Prisoners’ Free Exercise Claims
Nicole B. Godfrey, University of Denver Sturm College of Law
"This Article argues the federal courts should extend Bivens to recognize the availability of a damages remedy against federal prison officials who violate a prisoner’s Free Exercise rights."
Rubin v. Islamic Republic of Iran: The Supreme Court’s Textually Veiled Decision to Give State Terror Sponsors Immunity
Jennifer Atwood
"Part III argues that the U.S. Supreme Court’s recent holding was a strained textual interpretation that was more plausibly driven by separation-of-powers concerns. Part IV concludes by briefly identifying why the Court may have decided it necessary to textually veil its constitutionally driven decision in the manner in which it did."
Why Try to Change Me Now? The Basis for the 2016 Indian Child Welfare Act
Kasey D. Ogle
"Though the Indian Child Welfare Act (ICWA or the Act) sought to address the systemic issues that created such high rates of Indian child displacement, because of the inaction of the Bureau of Indian Affairs (BIA), these problems remain."
The Limits of Executive Power: The Obama-Trump Transition
Jody Freeman, Harvard Law School
"I thought I would talk today about the limits of executive power to rescind or weaken regulations. It is a particularly interesting time to think about this topic because we are in a moment of political transition following the 2016 presidential election."
The New Negative Rights: Abortion Funding and Constitutional Law After Whole Woman’s Health
Mary Ziegler, Florida State University College of Law
"Part II considers how proponents of the Hyde Amendment redefined conscience-based objection . . . . Part III traces the deployment of formal distinctions between positive and negative rights in the Hyde Amendment debate. Drawing on this history, Part IV reconsiders the constitutional case against the Hyde Amendment and similar laws under Whole Woman’s Health."
Insurance Risk Classification in an Era of Genomics: Is a Rational Discrimination Policy Rational?
Anya E.R. Prince, University of Iowa College of Law
"This Article examines the merits and drawbacks of a rational discrimination approach to address life, long-term care, and disability insurer use of genetic test results."
Unicorns, Guardians, and the Concentration of the U.S. Equity Markets
Amy Deen Westbrook & David A. Westbrook
"This Article argues that developments in the private and public equity markets are changing the role these markets play in the United States and concurrently what 'stock market' means as a matter of political economy."