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Category: Board member contribution

Notre Dame’s Contraceptive Coverage and the Need for Notice and Comment

Notre Dame’s Contraceptive Coverage and the Need for Notice and Comment

On October 31, 2017, the University of Notre Dame terminated contraceptive coverage for employees and graduate students. The school’s announcement was immediately criticized, and a week later, the school reversed its decision. To understand Notre Dame’s flip-flop, it is important to interrogate the underlying rationale for the school’s decision to terminate coverage in the first place: the Trump Administration’s recent rollback of the Affordable Care Act’s (ACA) mandate that employers provide contraceptive coverage as part of its health insurance policy….

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What Will Anthony Kennedy Think of Partisan Gerrymandering This Time?

What Will Anthony Kennedy Think of Partisan Gerrymandering This Time?

Gill v. Whitford (argued Oct. 3, 2017), a case concerning the constitutionality of Wisconsin’s state assembly district map, is one of the highest profile Supreme Court cases of this term. The Court’s decision may have a dramatic impact on national politics. Justice Anthony Kennedy stands at the center of the case, as he will likely be the swing vote on a Court otherwise split along partisan lines. Gill will require the Court to revisit its decision in Vieth v. Jubelirer (2004). In Vieth,…

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“Reasonably Necessary”: Ayestas v. Davis and Capital Defense Funding for Federal Habeas Proceedings

“Reasonably Necessary”: Ayestas v. Davis and Capital Defense Funding for Federal Habeas Proceedings

On October 30, 2017, the U.S. Supreme Court heard oral argument about the availability of funding for capital defense investigations in Ayestas v. Davis. The specific issue before the Court was whether 18 U.S.C. § 3599(f) allows courts to order funding for federal habeas counsel to investigate and develop ineffective-assistance-of-counsel claims not raised by state habeas counsel. The Court’s answer will affect the ability of death-row inmates to use federal habeas petitions to challenge the effectiveness of their trial counsel. In 1997, Carlos…

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Court Grants Preliminary Injunction Against President Trump’s Transgender Military Ban

Court Grants Preliminary Injunction Against President Trump’s Transgender Military Ban

On July 26, 2017, President Trump announced a directive on Twitter that would ban transgender individuals from serving in the military. This decision reversed a policy approved under the Obama Administration that would allow transgender military personnel to openly serve. President Trump cited the “tremendous medical costs and disruption that transgender in the military would entail” as his rationale for this ban. The RAND Corporation estimates that there are between 1,320 and 6,630 transgender personnel serving in active duty, and between…

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An Analysis of Catalonia’s Independence Movement

An Analysis of Catalonia’s Independence Movement

Catalonia is one of Spain’s wealthiest and most important regions, accounting for 16% and 19% of Spain’s population and economy, respectively. However, Catalonia has its own language and distinct culture, which is one of the many reasons the region has pushed for independence. Although it’s a popular topic in recent news, the independence movement is nothing new. During Francisco Franco’s dictatorship (1939–75), Catalan culture and autonomy was violently suppressed. It was not until democracy returned with the adoption of the Spanish Constitution…

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BIPA and Its Federal Problems

BIPA and Its Federal Problems

It’s not fun to have your credit card or identity stolen. It takes time, money, and mental energy to right yourself. Now, instead of just using cards as the gatekeepers, many companies are using customers’ biometric information, such as fingerprints and facial geometry scans, to control access to private information. But unlike credit cards, you can’t just order a new one to secure your data. All victims of such thefts would need reconstructive surgery to protect themselves from future risk. Recognizing this concern,…

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The U.S. Supreme Court Considers Class Action Waivers in Employment Arbitration Agreements

The U.S. Supreme Court Considers Class Action Waivers in Employment Arbitration Agreements

On Monday, October 2, 2017, the U.S. Supreme Court heard consolidated oral argument in Epic Systems Corp. v. Lewis, No. 16-285, Morris v. Ernst & Young, LLP, No. 16-300, and Murphy Oil USA, Inc. v. NLRB, No. 16-307, considering the validity of class action waivers in employment arbitration agreements. This issue concerns the interaction of two federal statutes—the Federal Arbitration Act (FAA) and the National Labor Relations Act (NLRA). The FAA provides that an agreement to submit any dispute to…

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From McClesky to Whitford: the Supreme Court’s Ambivalent Attitude Towards Social Science

From McClesky to Whitford: the Supreme Court’s Ambivalent Attitude Towards Social Science

McCleskey v. Kemp was decided on April 22, 1987, and yet the 30 years that have elapsed since Justice Powell circulated his majority opinion have done little to soften McCleskey’s sharp edges. The case concerned a challenge from a death-row inmate to the administration of capital punishment in Georgia, where he had been sentenced for the killing of a white police officer. McCleskey argued that his capital sentence was driven in large part by his race, in combination with the…

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Where in the World is Russian Doctor Grigory Rodchenkov?

Where in the World is Russian Doctor Grigory Rodchenkov?

In July 2017, Russia’s Investigative Committee charged Russian Dr. Grigory Rodchenkov with “abuse of official powers,” alleging that he had destroyed Russian athletes’ doping tests in the 2014 Winter Olympics in Sochi. On September 28, 2017, the Russian Ministry issued a warrant for Rodchenkov’s arrest. However, one year prior to the Russian Investigative Committee’s allegations, Rodchenkov fled from Russia to the United States with the help of American filmmaker Bryan Fogel. Rodchenkov entered the United States Witness Protection program in January 2016. So,…

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Introducing the NULRO Blog

Introducing the NULRO Blog

My name is Thomas Rousse, and I serve as the Vol. 112 Senior Online Editor at Northwestern University Law Review. It’s my pleasure to welcome you to our new blog. This year, we’re starting a new initiative to give our membership more opportunities to write for a public audience. Members of our staff will write about recent cases, legal issues in the news, and ongoing debates about theory and policy. Second-year law students will work closely with the Online editorial board to…

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