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.
In this article, Abigail Crabtree discusses the circuit split concerning whether an employee’s private remedy under Title IX is preempted by a Title VII claim in an educational setting.
In this article, Parker Herren discusses how the ruling in Groff v. Dejoy may impact the future of employment discrimination cases regarding DEI initiatives.
In this article, Ellen Whitehair discusses how the Supreme Court’s upcoming decision in Muldrow v. City of St. Louis has the potential to lower the threshold for employees asserting Title VII discrimination claims. Specifically, this article examines the circuit split leading up to Muldrow on whether Title VII requires a plaintiff to demonstrate material, objective harm as a result of workplace discrimination.
In this article, Kathyrn McIlroy discusses the circuit split on whether testers of hotel reservation websites for ADA compliance have standing to sue for violations when they do not plan on booking a reservation, ultimately arguing that the testers do have standing to sue.
The filming of police officers by citizens has played an important role in the movement for police reform and accountability. In this article, Sarah Jana explains the different ways that circuit courts across the country have addressed that right under the doctrine of qualified immunity and argues that the Supreme Court should declare that it is clearly established.
Caroline Hardig discusses student athletes’ battle with the NCAA over employee status in a new case, Johnson v. NCAA, which could create a circuit split.
In this article, Associate Member Kathyrn McIlroy discusses the circuit split on the rights of an individual detained under a valid arrest warrant based on mistaken identity, and ultimately advocates for greater protections for such individuals.
In this article, Caroline Hardig examines the circuit split over whether plasma donation centers fall under the definition of a service establishment protected by the ADA.
Associate Member Stephen Fox explains the circuit split on what constitutes new evidence when claiming actual innocence in a petition for writ of habeas corpus.
