Gabrielle Dohmen argues that when analyzing Title VII anti-retaliation claims after an employee makes a mistake of law, courts should apply a training-based standard that compares the employee's belief to that of a reasonable employee similarly situated in terms of training and experience.
Month: September 2022
Claire J. Rice surveys state law approaches to establishing probable cause using plain odor and canine sniffs in states that have legalized marijuana, concluding that the Illinois legislature should, first, clarify that marijuana odor cannot serve as the sole basis for probable cause to search a vehicle and, second, ban the use of marijuana-detecting canines.
Narayan Narasimhan argues that the Native American Graves Protection and Repatriation Act's protections for human remains should apply only when there is an ascertainable relationship between those human remains and a presently existing tribe.
Youssef Mohamed summarizes how United States v. Turkiye Halk Bankasi A.S. impacts the law of foreign sovereign immunity as it applies in criminal proceedings, ultimately concluding that, without further input from Congress, courts should defer to executive branch determinations of foreign immunity as manifested by the commencement of criminal proceedings.
So Jung Kim analyzes the impact that the Supreme Court's decision in FTC v. AMG will have on the FTC's ability to obtain equitable monetary relief for those harmed by deceptive or unfair business practices.