Crossing Over: Why Attorneys (and Judges) Should Not be Able to Cross-Examine Witnesses Regarding Their Immigration Statuses for Impeachment Purposes

Colin Miller - The John Marshall Law School

You are sitting in an empty bar (in a town you’ve never before visited), drinking a Bacardi with a soft-spoken acquaintance you barely know.  After an hour, a third individual walks into the tavern and sits by himself, and you ask your acquaintance who the new man is.  “Be careful… Read More »

  • 18 January 2010

Ricci v. DeStefano: End of the Line or Just Another Turn on the Disparate Impact Road?

Charles A. Sullivan - Seton Hall Law School

Reports of the death of Title VII’s disparate impact theory of discrimination in the wake of Ricci v. DeStefanomay be exaggerated.  Widely praised and widely criticized in the newspapers and the blogosphere, Ricci is the latest, but not the last, chapter in a long-running feud between Congress and the Supreme Court regarding… Read More »

  • 12 October 2009

A Comment on Rosenberg’s New Edition of the Hollow Hope

Richard Delgado - University of Pittsburgh School of Law

Gerald Rosenberg’s new edition of The Hollow Hope  The new material… Read More »

  • 24 August 2009

Keeping the Government’s Religion Pure: Pleasant Grove City v. Summum

Christopher Lund - Wayne State University Law School

In January, the Supreme Court decided Pleasant Grove City v. Summum. Summum, a religious organization, sought the right to put up a permanent monument of its Seven Aphorisms—its version of the Ten Commandments—in a local city park.  At the time, the park had about fifteen other monuments, including a traditional Ten… Read More »

  • 05 July 2009

Iterative Federalism and Climate Change

Ann E. Carlson - UCLA School of Law

With the election of Barack Obama as President, national and global attention on climate change will turn to the federal government.  Though the looming economic crisis may slow a federal response, President Obama has made clear his support for ambitious action on climate change with a cap and trade scheme… Read More »

  • 17 May 2009

Heterosexuality and Title VII

Zachary A. Kramer - Dickinson School of Law (Penn. State)

Dawn Dawson was an outsider among outsiders.  A self-described gender-nonconforming lesbian woman, Dawson worked as a hair assistant and stylist trainee at Bumble & Bumble, a high-end salon in New York City.  Her coworkers at the salon were an eclectic mix of outsiders, and the salon management encouraged its employees to… Read More »

  • 18 March 2009

The Case for a Constitutional Easement Approach to Permanent Monuments in Traditional Public Forums

Paul E. McGreal - Southern Illinois University School of Law

Imagine that you are mayor of a small town that has a picturesque public park, where your residents come to escape the hustle and bustle of everyday life. To make the space inviting, you have built a gazebo, a picnic area, and a playground.  You have also allowed a local… Read More »