Archive

Explore JLSP's archived issues below. Navigate Volumes 57–42 by using the horizontal menu above. Sort by topic tag or search term by using the vertical menu on the right. For access to Volumes 1–42, please email jlsp@law.columbia.edu. (Journal articles are also available on the WestLaw, Lexis, and Hein databases.)

Extraordinary Times, Extraordinary Measures: Protecting the Right to Organize in the Age of Algorithmic Management

By Melanie Mignucci In the modern workplace, employers commonly subject their workers to electronic monitoring and algorithmic management practices. Under the National Labor Relations Act (NLRA), this surveillance does not comprise an unfair labor practice because it is not “out of the ordinary.” But this interpretation is mistaken: Algorithmic management’s […]

After Reaching the Courthouse Door: Why Lack of Affirmative Assistance Post-Pleading Violates Prisoners’ Access to Courts Right

By Yasmine Ardehali “Meaningful” access to the courts is a fundamental right under the Constitution’s Due Process Clause.  But for incarcerated persons, this access is severely limited.  The Supreme Court has thus required states to provide prisoners with legal assistance for presenting complaints of civil rights violations and challenges to […]

Blacklisting Allowed? Whether the False Claims Act Protects Former Employees from Retaliation

By Hunter Baehren Employers commonly blacklist whistleblowers.  Despite its frequency, blacklisting remains unaddressed in many federal whistleblower statutes.  These statutes typically contain antiretaliation provisions protecting “employees,” but since victims of blacklisting are former employees, protection under federal law is uncertain.  In Robinson v. Shell Oil Co., the Supreme Court interpreted […]

Beyond the Point of Exhaustion: Reforming the Exhaustion Requirement to Protect Access to IDEA Rights in Juvenile Facilities

By Abbe Petuchowski Congress enacted the Individuals with Disabilities Education Act (IDEA), in conjunction with other federal and state laws, to recognize a substantive right to “a free appropriate public education” for youth with disabilities and to establish a process to make this right accessible. Although the IDEA guarantees youth […]

Re-Examining the “McDonnell Problem”: Federal Prosecutors’ Ample Room to Prosecute State and Local Government Corruption

By Ourania S. Yancopoulos Historically, states have relied on the federal government to prosecute corruption involving their public officials and employees. In McDonnell v. United States, however, the Supreme Court purported to limit the definition of “official act” as used in the federal bribery, honest services fraud, and Hobbs Act […]