Current Issue
Although the correct causation standard for various employment discrimination statutes continues to be much debated, the most generous standard for plaintiffs—Title VII’s “motivating factor” rule for status discrimination claims—has not…
Read More
A Dozen Landmark Nuisance Cases and Their Environmental Significance
Over four centuries, nuisance law has proved its versatility. Originally a near strict liability doctrine restraining uses that interfered with traditional agrarian and domestic uses, nuisance evolved to accommodate the…
Read More
Resolving the First Amendment’s Civil War: Political Fraud and the Democratic Goals of Free Expression
This Article presents a timely reexamination of the relationship between the First Amendment and political fraud, defined as the use of knowingly false speech to achieve political goals. We extend…
Read More
Cities as International Environmental Actors: The Case of Marine Plastics
As the impacts of marine plastic pollution become ever more apparent, a number of states have begun calling for the development of a new international agreement to address the problem.…
Read More
BDSM, Kink, and Consent: What the Law Can Learn from Consent-Driven Communities
Millions of Americans participate in consensual, mutually agreed-upon activities such as bondage, dominance, and submission—collectively referred to as BDSM or kink—yet the relationship between individual consent to such participation and…
Read More
States’ Rights or States’ Wrongs? The Constitutional Argument for Medically Accurate and Comprehensive Sex Education
Almost all states have some form of legislation governing sex education in public schools, but only 29 states and the District of Columbia mandate that sex education be taught, and…
Read More
Homeschooling: Parent Rights Absolutism vs. Child Rights to Education & Protection
This Article describes the rapidly growing homeschooling phenomenon and the threat it poses to children and society. Homeschooling activists have in recent decades largely succeeded in their deregulation campaign, overwhelming…
Read More