U.S. Traveler Safety: A Consideration of Freight Broker Liability in the Upcoming Supreme Court case Montgomery v. Caribe Transport II, LLC

Jack Frischen looks at the upcoming Supreme Court case Montgomery v. Caribe Transport II, LLC and the implication it will have on the safety of American roadways. He argues that the Sixth and Ninth Circuit more accurately interpreted the Federal Aviation Administration Authorization Act finding common law negligence lawsuits to fall under its safety exception

March 2, 2026

Between Tinker and Fraser: The Impacts of the Sixth Circuit’s Decision in B.A. v. Tri County Area Schools

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.

December 1, 2025

The Cost of Indifference: Will the Seventh Circuit Bridge the Title IX Divide?

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.

November 30, 2025

Back To Bork: The Video Privacy Protection Act’s Struggle to Define “Consumer” In The Digital Age

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.

October 5, 2025

Tiny Takes, Big Consequences: The Circuit Split Over the De Minimis Defense in Music Sampling

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.

August 5, 2025

Goodbye Brunner: Rethinking the Standard for Discharging Student Loan Debt in Bankruptcy

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.

March 26, 2025

Warhol v. Goldsmith: The New Age of Transformative Use

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.

December 30, 2024

Warrantless Arrest Inside the Home: Constructive Entry Under the Fourth Amendment

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.

December 9, 2024

Sex Designation Amendments: The Rights of Transgender Individuals to Amend Their Birth Certificates

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.

December 5, 2024

Big Tech and Securities Fraud: Honesty in the Tech World

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.

November 14, 2024