How should police officers take into account the different needs of a person with disabilities during an arrest? In this Contribution, Conor Gaffney (’18) examines the role of the Americans with Disabilities Act in governing arrests and investigations by police of persons with disabilities. Ultimately, this Contribution argues that the ADA’s reasonable accommodation requirement modifies what searches and seizures of individuals with disabilities are considered reasonable under the Fourth Amendment.
To what extent can state actors limit an individual’s Second Amendment right after District of Columbia v. Heller? In this Contribution, Deepa Devanathan (’19) argues that to properly balance Second Amendment rights with a State’s need to protect people from gun violence, gun permit schemes that cover both open carry and concealed carry must include a procedural right to appeal permit denials and “good cause” requirements to get permits.
In 2008, federal trial and appellate courts found against the NFL Players Association on the appeal of an arbitrator’s decision on the grounds that the league and policy administrators had breached their fiduciary duties to players. The trial court held that the steroid policy’s strict liability regime precluded any breach of fiduciary duties, and the Eighth Circuit found on appeal that plaintiffs had failed to offer authority under New York law for a public policy encouraging the performance of fiduciary duties. Did the NFL case get it right? In this Contribution, John Muller (’19) argues that to preserve New York’s public policy, courts should set aside the result of arbitration under a collective bargaining agreement on state common law grounds in these breach of fiduciary duty cases.
When patent holders gain standard-essential status, should antitrust law treat the monopoly conferred on them like every other monopoly? In this Contribution, Randi Brown (’19) argues that the best approach to such monopolies is not to expose them to antitrust scrutiny, but instead to allow contract and patent remedies to maintain the benefits to competition and innovation afforded by standardization.
Can a term in a collective bargaining agreement displace state law under any circumstance? How should a court balance the need for consistent, nationwide labor standards with constitutional concerns for preserving States’ police powers? In this Contribution, Micaela Heery (’19) offers an analytical framework for resolving these preemption issues under the Labor Management Relations Act. This Contribution argues that the right legal analysis must consider both whether a claim arises independently of the collective bargaining agreement and whether preemption would be appropriate given Congress’ power over interstate commerce and notions of state sovereignty.
May a school restrict a student’s online speech without violating the First Amendment? In this Contribution, Avery Medjuck (’18) explains how the omnipresence of digital communication challenges the Tinker framework for determining when a school administrator can lawfully restrict speech. This Contribution argues that only a test that considers the intent of the student speaker can adequately balance students’ free speech rights against administrators’ need to protect the school environment.
Are state occupational licensing laws that prohibit certain people convicted of crimes from receiving Emergency Medical Technician (EMT) licenses unconstitutional under the Equal Protection Clause of the Fourteenth Amendment? In this Contribution, Maya Danaher (’18) discusses the constitutional issues arising from state licensing laws that withhold EMT licensure from people convicted of crimes. Ultimately, this Contribution argues that the Equal Protection Clause prohibits such state laws.
What actions should prosecutors and regulators take following a financial institution’s failure to meet the terms of a Deferred Prosecution Agreement? In this Contribution, Brittney Nagle (’18) analyzes the options and remedies that U.S. prosecutors and regulators can pursue to promote accountability in the financial sector. This Contribution ultimately argues that they should pursue a combination of criminal charges against the institutions and actions to disgorge top executives of bonuses and other discretionary income.
Can a public university terminate a professor for speech made related to the university? In this Contribution, Emily Several (’18) analyzes the scope of public employees’ First Amendment rights with regard to speech made in their personal and professional capacities. This Contribution ultimately argues that the Supreme Court should establish an exception to the threshold requirement set in Garcetti v. Ceballos in order to preserve academic freedom on public university campuses.
Is damage to a lunar mining facility actionable under the Outer Space Treaty when the facility is built on the surface of the Moon and made entirely from lunar rock? In this Contribution, Jason A. Driscoll (’18) analyzes a wrinkle in the law of outer space, contemplating whether the current outer space tort regime protects damage to property crafted entirely from materials mined in outer space. The Contribution argues that the current regime does not protect and cannot account for the unprecedented, though possible, practice of manufacturing objects in outer space using extraterrestrial materials.