I. Introduction Law students come to law school with varying conceptions about judicial decision-making. As students move through law school, these conceptions may change multiple times and sometimes dramatically. Some students think that judges decide cases based on pure logic, while others believe that it is all politics or that judges simply follow their hunches.[1] […] Continue Reading >
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
Learning from Feminist Judgments: Lessons in Language and Advocacy
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 >