Faith Howard examines the Sixth Circuit’s recent decision in D.A. v. Tri County Area Schools. Ultimately, arguing that the Supreme Court should take the decision up for review to help certify for lower federal courts the extent to which the Fraser standard regarding student speech should apply.
Brooke Karsteter analyzes how the recently vacated Seventh Circuit panel opinion in Arana v. Board of Regents of the University of Wisconsin System, which dramatically expanded institutional Title IX liability, positions the full court’s impending en banc review as a pivotal moment for determining the scope of school obligations to student victims.
In this article, Mofe Koya examines the emerging circuit split between the Seventh and Sixth Circuits over who qualifies as a “consumer” under the Video Privacy Protection Act. She first traces the Act’s history, then analyzes how conflicting interpretations in the streaming era have created uncertainty for both companies and users. Finally, she returns to the statute’s original intent and argues that Supreme Court intervention is necessary to ensure the VPPA is applied consistently and in line with its privacy-protective purpose.
In this article, Katerina Fernandez examines the ongoing circuit split over the de minimis exception in music sampling, analyzing the contrasting rulings of the Sixth Circuit (which rejects the de minimis defense for sound recordings) and the Ninth Circuit (which recognizes it). The article explores this divide’s legal and artistic implications and questions whether a Supreme Court ruling, legislative intervention, or industry-driven solutions could provide much-needed clarity.
In this article, Maria Tobergte discusses the circuit split regarding the meaning of “undue hardship”—the standard that student loan debtors must meet in order to discharge their student loans in bankruptcy. She argues for the majority approach to be abandoned and for the minority approach to be adopted by more courts.
Callie Mobley discusses recent changes to the interpretation of the transformative use aspect of the fair use doctrine and how artists can be protected from legal uncertainty.
In this article, Christian Bugher discusses the current circuit split on whether a constitutional violation occurs when police constructively enter a suspect’s home without a warrant.
In this article, Erin Gray discusses the recent circuit split over the constitutionality of policies that prohibit transgender individuals from amending sex designations on birth certificates.
In this blog Carrington Calder examines upcoming Supreme Court cases that could change pleading standards for victims of securities fraud. Depending on the Court’s interpretation of the Private Securities Litigation Reform Act, the decisions could provide more opportunities for shareholder plaintiffs.
In this article, Madisen Zent discusses the circuit split among the United States circuit courts of appeal in allocating the burden of proof in competency hearings and the potential due process violations.
