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.)
By Henry Merschat On October 31, 2023, the Second Circuit dealt a major blow to the disgorgement remedy, holding in SEC v. Govil that courts cannot order securities law violators to cough up their ill-gotten gains unless the SEC can point to a victim who has lost money. In other […]
By Anthony J. Mejia This Note offers a novel approach to bringing suit against the executor of the Department of Homeland Security’s (DHS) Intensive Supervision Appearance Program (ISAP), Behavioral Interventions, Incorporated (BI). BI is contracted by DHS to run ISAP, the government’s only alternative to detention for newly arrived immigrants. […]
By Malik Morris-Sammons Since the Supreme Court decided its landmark fair housing case, Texas Department of Housing and Community Affairs v. Inclusive Communities, the federal judiciary has proven a formidable battleground for communities of color seeking to enforce their civil rights under the Fair Housing Act (FHA). The opinion created […]
By Matthew R. Nola While 42 U.S.C. § 1983 is one of the most commonly utilized statutes in federal civil litigation, federal prosecutors hardly afford the statute’s criminal counterpart, 18 U.S.C. § 242, the same attention. Since the volume of federal rights–vindicating cases under Section 1983 far outstrips that under Section 242, […]
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 […]
By Gabriela Landolfo The legacy of imperialism thrives in the modern European museum. From Alutiiq masks in Berlin to a Pawnee Chief’s remains in Stockholm, museum displays resign tribal emblems to the same fate as the people who produced them: forcibly separated from their culture and assimilated into a foreign […]
By Seth McDowell For decades, the Supreme Court has favored arbitration agreements in employment and struck down state attempts to limit their use. In so doing, the Court has often cited the Federal Arbitration Act’s (FAA) supposed “liberal federal policy favoring arbitration.” In its 2021–2022 term, the Court broke with […]
By Michael Sosnick Delaware courts recognize that corporate directors have a duty of good faith, which includes an obligation to avoid knowingly violating the law, even if doing so could increase profits. In re Caremark International Inc. Derivative Litigation and Stone v. Ritter extended liability to situations in which directors […]
By Charlotte G. Cooper Foreign governments breach national borders through physical and digital means to surveil, coerce, harass, kidnap, and kill members of diaspora and exile communities. This phenomenon is known as transnational repression (TNR). No longer an exceptional tool, TNR is becoming a normalized practice used to silence citizens […]
By Eitan M. Ezra It is getting harder for executive branch agencies to win in court. One prominent reason for the harsh climate that agencies face is the Major Questions Doctrine, which has grown more important in statutory interpretation since the Supreme Court decided West Virginia v. EPA. If the […]
By Elana Egri-Thomas The data privacy landscape in the United States is ineffective and fragmented across state lines. There is no federal data privacy law or data protection administrative agency. The state data privacy laws that do exist are heavily influenced by the tech industry and ignore substantive harms to […]
By Joshua Kipps In Bostock v. Clayton County, the Supreme Court ushered in a new era of employment law by holding that workplace discrimination against gay and transgender people violates Title VII’s prohibition of discrimination because of sex. The Court reached this historic result by using textualism to interpret Title […]
By Daniel S. Anduze On July 2, 2024, the Supreme Court of the United States granted certiorari in Free Speech Coalition v. Paxton—a case involving a First Amendment challenge to Texas H.B. 1181. That statute, aimed at limiting youth exposure to sexual material online, requires pornography companies to verify that […]
By Jay S. Burgin When mobile app developers like Epic Games—creator of the massively popular online video game Fortnite—make their product available on Apple’s App Store, they enter the “walled garden,” a closed digital ecosystem wherein iPhone and iPad users cannot download games through other digital marketplaces. They also agree […]
By Celine Simone Family content creation is a multibillion-dollar industry. Though most parents at some point share content of their children online, for many “influencer” parents and their children, putting in the hours to curate the perfect online image means legions of fans and an enviable income from advertising and […]
By Aliza M. Tresser The plain text of the Eighth Amendment prohibits the government from punishing people with excessive fines. But until the Excessive Fines Clause was incorporated in 2019, it did not apply to municipal or state governments. In applying federal doctrine to the local context, many courts have […]
By Dylan R. McDonough In 2021, over 98% of criminal cases at the federal level terminated in guilty pleas, many of which were the result of plea agreements between the prosecution and the defense. The numbers were similar at the state level. Despite this prevalence of plea agreements, many U.S. […]
By Rachel M. Wagner Following a rash of headlines about infant abandonments in the 1990s, every state passed a Safe Haven Law (SHL) which permits the anonymous surrender of infants to a safe place, like a hospital. Over 4,000 infants have been surrendered in the last quarter century. SHLs received […]
By Ray Lu In September 2022, outdoor apparel company Patagonia captured national attention when it announced that a specially designed trust and nonprofit would own and oversee the private for-profit corporation. Patagonia’s novel structure, rooted in the concept of steward-ownership, uses a trust to create a mechanism for direct stakeholder […]
By Samuel B. Hainbach In 1983, Robert Cover challenged the U.S. Supreme Court’s approach to conflicts between the law of the state and the religious commitments of “insular communities.” Over 40 years later, Cover’s call remains urgent, and is of special relevance in New York. In Brooklyn and the Lower […]
By Alex H. Serrurier Native American students in public schools face barriers to educational achievement due to racism, prejudice, and ignorance from fellow students, teachers, and administrators. Native students have endured various forms of discrimination that range from forcible cutting of braids by peers to administrative bans on traditional regalia […]
By Christopher Morillo The “ministerial exception” is a First Amendment shield for religious institutions facing employment-related lawsuits. The Catholic Church, for example, might invoke the exception if sued by a woman barred from joining the priesthood on account of her sex. In recent years, however, the Supreme Court has “vertically” […]
By John Kimble In 2010, the Supreme Court held in Holder v. Humanitarian Law Project (HLP) that “material support,” as defined in § 2339B of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), includes a humanitarian organization’s efforts to teach a U.S.-designated foreign terrorist organization how to engage in […]
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 […]
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 […]
