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.
Category: Post
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.
Laura Geary surveys recent state laws that regulate the use of commercial genetic databases by law enforcement, concluding that states should be cautious about adopting laws that require law enforcement officers to use government genetic databases before commercial ones.
Responding to Elon Musk's proposed acquisition of Twitter, Daphne Keller suggests that "middleware" models, not common carriage rules, best put control over internet speech regulation in the hands of users.
Responding to Elon Musk's proposed acquisition of Twitter, Professors evelyn douek and Genevieve Lakier argue that the Twitter deal is a byproduct, not a driver, of broader ongoing shifts in free speech politics and First Amendment doctrine.
Professors Guha Krishnamurthi and Peter N. Salib analyze state gun use and self-defense laws and provide a framework for understanding when such laws can lead even perfectly rational, well-intentioned actors to engage in escalatory small arms races.
Writing for the University of Chicago Law Review Symposium 2022 on Law and Labor Market Power, Marissa Piccolo evaluates when and how criminal antitrust enforcement can address the problem of labor monopsonies.
Writing for the University of Chicago Law Review Symposium 2022 on Law and Labor Market Power, Spencer J. Parts argues that private lawsuits and state enforcement were a suboptimal way of causing many national franchises to abandon the use of no-poach agreements.
Writing for the University of Chicago Law Review Symposium 2022 on Law and Labor Market Power, Henry Walter suggests that antitrust reform efforts directed at labor markets should proceed slowly, mindful of reform's fragile political support and the potential for backlash.