The Common Law serves as a forum for shorter works, including abridged student Notes and seminar papers, and welcomes submissions from law students across the country. Selected pieces undergo an expedited editorial process and are published on the JLSP website. The shortened publication timeline allows us to feature timely, newsworthy, and responsive scholarship.
Although we are not currently accepting submissions, please check our website periodically and watch for announcements via email regarding future submission cycles. For our fall publication, we typically begin accepting submissions in May and announce selections in August. For our spring publication, submissions generally open in December, with selections announced in February.
Sentencing Terror in All Forms: Understanding § 3A1.4’s Application in Domestic Terrorism and What It Reveals About Sentencing Foreign Terrorism Cases
By Reza Sarrafian United States v. Betim Kaziu was the first time a federal court explicitly referenced the sentences and eventual pardons of two January 6 defendants when considering the punishment of a foreign terrorism defendant. Betim Kaziu’s resentencing raises questions about how courts should account for differences in sentencing […]
Penetrating FDA Regulation: Justifications for FDA Oversight of Sex “Toys” as Medical Devices
By Tyler Henry Sex devices, commonly referred to as “toys,” have grown in popularity over the past decade and somehow evaded regulations from consumer protection agencies. The Consumer Product Safety Commission (CPSC) has no specific regulatory standards for sex devices, regulating them as “novelty toys.” And the Food and Drug […]
Nonprofit Law’s Antidiscrimination Loophole: Applying a Renewed Private Benefit Standard to Name, Image, and Likeness Collectives
By Kristen Popham America’s rapidly expanding and politically influential nonprofit sector is under increased scrutiny, and nonprofit law has yet to provide answers to critics’ burning questions. If the nonprofit sector is born of a democratic commitment to pluralism and community linkages, what do we make of its contributions to […]
Caregivers as a Class: Considering Antidiscrimination Protections for Caregivers
By Sonia Marton Unpaid caregiving is an enormous element of life for millions of Americans. But caregivers too often suffer discrimination in the paid workplace due to the real or perceived demands of their care work outside of it. Despite this inequality, employment antidiscrimination statutes do not protect caregivers explicitly. […]
The City of (Big) Brotherly Love: Examining the Federal and State Constitutional Implications of Real-Time Crime Center Surveillance in Philadelphia
By Mary Gianna Hill The rise of Real-Time Crime Centers (RTCCs) in the United States, including their implementation in Pennsylvania, marks a significant development in law enforcement surveillance. These centers employ advanced technologies to conduct real-time monitoring of the public. While the primary aim of RTCCs is to enhance public […]
Aberration of Accountability: Situating the Alien Tort Statute Against Corporate Human Rights Abuses
By Sabriyya Pate The Alien Tort Statute (ATS), one of the United States’ oldest laws, provides all federal district courts with general jurisdiction to hear cases brought by non–United States citizens. As written, the ATS empowers non– United States citizens—including victims of torture, kidnapping, forced labor, and child slavery—to sue […]
High-Frequency Litigation: Framing the Narrative of ADA Actions
By Amanda McBain A sharp rise in the filing of Americans with Disabilities Act (ADA) Title III actions between 2013 and 2021 has furthered the “for-profit” lore surrounding arguments against the standing of serial litigants. Critics have construed the mere propensity of ADA litigants to settle their lawsuits as the […]
One Size Does Not Fit All: Reforming the Federal Sentencing Guidelines’ Terrorism Enhancement
By Anaximander Mars Following the 1993 bombing of the World Trade Center, Congress directed the U.S. Sentencing Commission to amend its Sentencing Guidelines to prescribe a steeper penalty for acts that involve or intend to promote international terrorism. The result is the terrorism sentencing enhancement, which automatically sets a floor […]
Searching for Judges Who Hear: Analyzing the Effects of Colorado’s Abolition of Qualified Immunity on Civil Rights Litigation
By Colin Cowperthwaite “Section 1983 was born out of the failures of state courts. Over a hundred years later, [Colorado’s Enhance Law Enforcement Integrity Act (ELEIA)] was born out of the failures of federal courts to protect individuals from civil rights violations committed by local law enforcement. By removing qualified […]
State Constitutions and Systemic Gaps in Music Education Access
By Corey Whitt “The proliferation of music education in schools throughout the United States is an apparent success. However, its application is not evenly spread across the country. Students living in poverty are most often those who are left unable to enjoy its advantages. Further, the disparities increase along racial […]