Vol. XXXVI No. 1

Toward a New Separation of Church and State: Implications for Analogies to the Supreme Court Decision in Hobby Lobby by the Decision in Obergefell v. Hodges

Abstract: In June 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that there is a fundamental right to marriage that extends to same-sex couples. This Article analyzes the Obergefell decision in light of the Court’s 2014 decision in Burwell v. Hobby Lobby regarding religious protections that might by analogy be […]

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The Impact of Interior Immigration Enforcement on Mixed-Citizenship Families

Abstract: In this article we trace the expansion of interior immigration enforcement measures since the 1990s, focusing on the period after the creation of the U.S. Department of Homeland Security (DHS) in 2003. We consider the rationale for the escalation of enforcement during this period, as well as the expansion of enforcement to include local […]

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Victim Protection or Revictimization: Should College Disciplinary Boards Handle Sexual Assault Claims?

Abstract: Colleges and universities that receive federal funding are legally required to respond to all sexual assault complaints on their campuses. Numerous laws and guidance documents address the specific obligations of higher education institutions in their responses to complaints; however, many colleges and universities have failed to meet these obligations. This Note examines the requirements […]

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Make Him an Offer He Can’t Refuse: The Concerning Practice That Effectively Ends Collective Litigation and How to Fix It (Without the Supreme Court)

Abstract: In certain American jurisdictions, collective action lawsuits are severely limited through rules that enable a defendant to make a settlement offer worth the entirety of the plaintiff’s damages and thus moot his or her claim, regardless of whether the offer is accepted. In collective litigation, if the settlement offer is made prior to a […]

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More Carrot, Less Stick: Workplace Wellness Programs & the Discriminatory Impact of Financial and Health-Based Incentives

Abstract: In recent years, more and more employers are turning to workplace wellness programs to combat rising health care costs by rewarding employees for improving their health-related behaviors and penalizing those who do not attain measureable health outcomes. Yet these wellness programs run counter to the goals of improving the overall health and livelihood of […]

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