Issue 1
Fighting Institutional Betrayal: Gender Pay Equity Litigation Against University Employers
Nantiya Ruan Universities are workplaces replete with observed gender pay gaps despite the legal protections in place to mitigate against such a reality. This Article analyzes recent university gender pay equity lawsuits to examine their efficacy in four types of litigation: (1) Class and Collection Action; (2) Government Action; (3) Union Action; and (4) Individual […]
[Read More]The Right to Inequality: Conservative Politics and Precedent Collide
Jonathan P. Feingold The “end of affirmative action” is the beginning of this story. In Students for Fair Admissions v. Harvard (SFFA), the Supreme Court struck a near fatal blow to race-consciousness. Many institutions have since pivoted to “race neutral alternatives.” This is a natural turn. But one that faces immediate headwinds. The same entities […]
[Read More]Do Rural Places Matter?
Stephen Clowney Rural communities are at a crossroads. On one hand, small towns continue to receive robust support from the federal government. Congress sends billions of dollars in agricultural support, homeownership subsidies, and infrastructure spending to rural places every year. Yet, despite ongoing federal investment, conditions in rural America have deteriorated. Economic growth, educational opportunities, […]
[Read More]New Legal Realism at 20: Rethinking Law in an Era of Populism and Social Movements
Jeffrey Omari, Pablo Rueda-Saiz & Richard Ashby Wilson This Article critically examines the New Legal Realism (NLR) movement on its twentieth anniversary and illuminates its distinctive intellectual contributions. In evaluating NLR’s unique methodological and substantive contributions, we explore the movement’s relationship to other interdisciplinary theories and empirical approaches to law. NLR approaches show a commitment […]
[Read More]Workplace AI and Human Flourishing
E. Gary Spitko This Article explores the important but largely unexplored relationship between workplace artificial intelligence (AI) and human flourishing. More specifically, the Article examines the potential impact of workplace AI decision tools on such critical matters as workers’ human dignity, workplace and personal autonomy, and the opportunity for upward mobility. AI can analyze data […]
[Read More]Imperfect Protection Against Perfect Enforcement: When Procedure is Not Enough
William S. Fallon Government technology that exclusively detects illegal conduct is per se constitutional. Today, the Fourth Amendment provides no protection—zero—against government technology that identifies illegality without also revealing private, innocent behavior. Meanwhile, alarmingly, government is rapidly developing—and deploying— technology that bypasses the need to examine private, innocent behavior in its detection of wrongdoing. Government […]
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