In Search of a Standard: Unraveling the Emerging Circuit Split over the Proper Causation Standard for Retaliation Claims under the FMLAย 

In this article, Megan VanGilder discusses the growing circuit split over the proper causation standard for retaliation claims under the FMLA, breaking down the basis for the courtsโ€™ disagreements. In unraveling these issues, VanGilder argues that the Supreme Court should resolve the split and provide clear guidance for both the lower courts and litigants in these cases.

VMI: The Exemplary Rightful Position

In this article, Colleen Brugger explores United States v Virginia or VMI, which not only disavowed gender generalizations, but demonstrated the scope and power of a properly tailored remedy. The Court preserved state choice yet crafted a remedy which solved a novel problem.

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