Category: Issue 3

Note

Religious or Not Religious? That Is Not the Establishment Clause Question

Ashley Stamegna
J.D. Candidate, Cornell Law School, 2022.

While the Supreme Court struggles to find solid footing for its Establishment Clause jurisprudence, it is rare that attention is given to this particular inconsistency. Instead, courts in the Establishment Clause context have done exactly what they condemn in the free-exercise context: evaluate the veracity of a claimant’s sincere beliefs. This Note attempts to reconcile…

Jun 2023

Note

Political and Judicial Incorrectness: The Case for Modifying the Arlington Heights Test to Disincentivize Discriminatory Appeals

Steven D. Mirsen
J.D. Candidate, Cornell Law School, 2023.

Throughout history, discriminatory appeals to the public have been exploited by demagogues and dictators in order to concentrate power predicated on prejudice. As recent events have revealed, creating scapegoats, cultivating resentment, and capitalizing on fear and hate all remain unfortunately familiar marks on the political roadmap. Discriminatory appeals, particularly those rooted in Islamophobia, remain a…

Jun 2023

Article

Property in Wolves

Jack H.L. Whiteley
Teaching Fellow & Supervisory Attorney, Georgetown University Law Center; Associate Professor of Law Designate, University of Minnesota Law School.

From colonial times until the mid-twentieth century, governments paid bounties to extirpate wolves, mountain lions, and other ecologically important wild animals. Clearing the wild was a sustained legislative project. I argue that these bounty statutes have implications for the history and theory of property. The statutes, in their intent and effect, selected among land uses….

Jun 2023

Article

Miscarriage of Justice: Early Pregnancy Loss and the Limits of U.S. Employment Law

Laura T. Kessler
S.J. Quinney Endowed Chair and Professor of Law, University of Utah, S.J. Quinney College of Law.

This Article explores judicial responses to miscarriage under federal employment law in the United States. Miscarriage is a common experience. Of confirmed pregnancies, about 15% will end in miscarriage; almost half of all women who have given birth have suffered a miscarriage. Yet, this experience slips through the cracks of every major federal employment law…

Jun 2023