Unequal Pay for Better Play: The USWNT’s Fight Against Gender Discrimination

Unequal Pay for Better Play: The USWNT’s Fight Against Gender Discrimination

The popularity of women’s soccer in the United States has skyrocketed over the past few decades, particularly since the United States Women’s National Team (WNT) won the 2019 FIFA World Cup. The WNT’s success vastly overshadows the performance of the United States Men’s National Team (MNT), which has not won a single major world tournament. For example, . The MNT has not won any Olympic gold medals nor a World Cup, whereas the WNT has won four Olympic gold medals…

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Brnovich v. DNC: The New Test for Voting Rights

Brnovich v. DNC: The New Test for Voting Rights

In the wake of the 2020 election, a wave of restrictive voting laws were enacted across the nation. And as the January 6th attack showcased the fragility of our democracy, voting rights are top of mind for many. This is why all eyes were on the Supreme Court as it took on Brnovich v. DNC: not only the most consequential election law dispute in nearly a decade (since the 2010 Citizens United decision) but the Court’s first “vote denial” case…

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COURT IS DRAG: WHAT CITIZENS UNITED REVEALED ABOUT WESTERN IDENTITY POLITICS

COURT IS DRAG: WHAT CITIZENS UNITED REVEALED ABOUT WESTERN IDENTITY POLITICS

“The East is waiting to be understood by the Western races, in order not only to be able to give what is true in her but also to be confident in her own mission.”  – Rabindranath Tagore, “Creative Unity” (1922). * * * I came to law school because I seek nirvana. Because in my meditations three and four summers ago, I felt my country’s law, and indeed, its language itself, blocking my way to myself. This conflict of mine…

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Motions to Bifurcate: Procedural Qualified Immunity for Municipalities

Motions to Bifurcate: Procedural Qualified Immunity for Municipalities

Qualified immunity is getting a lot of well-deserved attention these days. The doctrine protects individual state actors—and by extension, their government employers—from liability when they have violated a constitutional right if that right was not “clearly established in law.” Protests over police brutality and demands for accountability have brought qualified immunity into the public spotlight. These conversations about individual accountability are important. But as necessary as they are, we cannot ignore the legal mechanisms for and barriers to institutional accountability…

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Personal Jurisdiction in Class Actions After Bristol-Myers Squibb: How Ford May Foreshadow the Supreme Court’s Answer

Personal Jurisdiction in Class Actions After Bristol-Myers Squibb: How Ford May Foreshadow the Supreme Court’s Answer

Federal circuit courts have recently split over applying Bristol-Myers Squibb Company v. Superior Court (BMS) to class actions. The Supreme Court’s watershed personal jurisdiction opinion in 2017 held that courts can only exercise specific personal jurisdiction over plaintiffs’ claims that arise out of or relate to defendants’ conduct in the forum state. But BMS did not resolve whether federal courts must find specific personal jurisdiction over absent class members in addition to named class representatives. Nor did the Court’s more…

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Remote vs. In-Person Testimony in Hong Kong Courts

Remote vs. In-Person Testimony in Hong Kong Courts

Should the pursuit of effective scrutiny of witnesses override public health considerations and the witness’s right to health? Recently in Hong Kong, there has been a debate on whether a witness can choose to give evidence via video-conferencing facilities (VCF) during the COVID-19 pandemic. Contrary to the practices of allowing remote testimony in other jurisdictions such as Australia and the UK, a number of Hong Kong judges oppose witnesses giving evidence via VCF. These judges openly voice the concern—based on…

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Circuits Are Splitting Hairs over Morphed Child Pornography

Circuits Are Splitting Hairs over Morphed Child Pornography

Many will remember 2020 for the various panics it revived: America’s second greatest toilet paper shortage since the 1970s, its first great pandemic since 1918, and another financial crisis. The year also brought back another moral hysteria commonly visited in America’s past: child porn panic. Tech companies caught flack for announcing a surge in child pornography being traded on their platforms, while simultaneously planning to encrypt messages that would prevent detection of those very same materials in the name of…

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How to Stop Sentencing Children to Death by Incarceration

How to Stop Sentencing Children to Death by Incarceration

The Supreme Court in April handed down its decision in Jones v. Mississippi, a ruling that permits sentencing judges to condemn children to spend life in prison without the possibility of parole without entering a finding that the child is, in the court’s words, “permanently incorrigible.” This was wrong. Importantly, however, the case did not present the question of whether juvenile life without parole is constitutional at all. As a result, there is still a way for the Court to…

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Dew-Becker v. Wu: Daily Fantasy Sports as Gambling

Dew-Becker v. Wu: Daily Fantasy Sports as Gambling

Fantasy sports contests, enjoyed by millions of Americans, are probably not the first thing people think of as “gambling,” which is tightly regulated in most United States jurisdictions. Indeed, while state regulation of gambling is widespread, “fantasy sports are legal in most states.” However, new daily fantasy sports (DFS) platforms have muddied fantasy sports’ legal standing. While DFS is now legal in forty-three states, including Illinois, some have argued DFS is gambling (including, as detailed below, former Illinois Attorney General…

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Too Close for Comfort: Congressional Insider Trading and Why Accountability Still Matters in Congress

Too Close for Comfort: Congressional Insider Trading and Why Accountability Still Matters in Congress

Under the insider trading laws that apply to Congress, legal liability is hard to prove and convictions are even harder to place; this should not sit well with the American people. Members of Congress are no strangers to scandal. Every year reveals a new controversy involving behavioral misconduct, campaigns, or, more frequently, money. Therefore, it should come as no surprise to the American people that multiple Senators have been accused of insider trading for trading hundreds of thousands of dollars…

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