I. Introduction “Only a lunatic or a fanatic would undertake such an endeavor.”[1] So said the district court in Sutherland v. Ernst & Young LLP, a case involving Stephanie Sutherland’s claim that her employer owed her $1,867.02 in unpaid overtime under the Fair Labor Standards Act of 1938 (FLSA).[2] Sutherland sued Ernst & Young in […] Continue Reading >
A Distinction with a Difference: Rights, Privileges, and the Fourteenth Amendment
A Distinction with a Difference: Rights, Privileges, and the Fourteenth Amendment
Abstract In Timbs v. Indiana, the Supreme Court held the Eighth Amendment’s prohibition on excessive fines was incorporated and applied to states through the Due Process Clause of the Fourteenth Amendment. While the decision was unanimous, the concurring opinions offered a revealing reflection of past constitutional battles and an intriguing vision of future conflicts. Both […] Continue Reading >
Beyond Cross-Examination: A Response to Cheng and Nunn
The FAA, the NLRA, and Epic Systems’ Epic Fail
Beyond Cross-Examination: A Response to Cheng and Nunn
In their thoughtful and important article, Beyond the Witness: Bringing A Process Perspective to Modern Evidence Law, Ed Cheng and Alex Nunn make a convincing case that existing evidence law’s focus on witnesses is antiquated and wrongheaded.[1] As they explain, modern proof consists increasingly of evidence that involves standardized processes rather than what the authors […] Continue Reading >
A Distinction with a Difference: Rights, Privileges, and the Fourteenth Amendment