Law Review Squared

Discrimination against protected classes in employment is clearly illegal, but what protections exist for volunteers? What constitutes a benefit that should trigger employment law protections? Can intangible benefits be enough to trigger Title VII protections? Can an organization refuse to accept donations in a discriminatory manner? Do some volunteer organizations, such as volunteer fire departments, perform such important tasks that society should not permit them to discriminate even if they would be permitted to otherwise? The article discussed was: Joseph D. Greenhalgh, I Didn't Volunteer for This: A Solution for Protection Volunteers from Discrimination in Massachusetts. 39 W. New Eng. L. Rev. 177 (2016). Host: Seth Trott Panel: Tony Fernando, Schenley Kent Audio: Mohammed Saleem Producer: Tony Fernando

In this episode, Tony discusses Eliminativism with Professor Evan Bernick from NIU.  Does constitutional law actually exist? Do constitutional decisionmakers need to have a theory of law in order to choose a constitutional theory? Does whether something is law carry moral weight? How does a judge or other decision maker make decisions when presented with an unjust law? Also, is twitter going to be the new way to submit law review articles? The article discussed is: Evan D. Bernick, Eliminating Constitutional Law, South Dakota Law Review (Forthcoming). Guest: Evan Bernick Host: Tony Fernando Audio: Mohammed Saleem Producer: Tony Fernando

Dean Danielle Conway, head of Penn State Dickinson Law, joins the panel to discuss law school admissions. How can the law school admission process lead to systematic inequities? How has Penn State Dickinson Law adjusted its admissions process to address some of these sources of inequity? Can everybody benefit when procedures are changed to address diversity, equity, and inclusion?  This is the second of a 2-part mini-series focused on law school.  The paper discussed is: Danielle M. Conway, Bekah Saidman-Krauss & Rebecca Schreiber, Building an Antiracist Law School: Inclusivity in Admissions and Retention of Diverse Students-- Leadership Determines DEI Success, Forthcoming Rutgers Race & L. Rev. (2021). Guest: Danielle Conway Host: Tony Fernando Panel: Schenley Kent, Seth Trott Audio: Mohammed Saleem Producer: Tony Fernando

Professor Kathryne Young from UMass-Amherst is conducting a longitudinal study of law students and mental health. The first paper from that effort was published earlier this year. In this episode, our panel visits with Professor Young to discuss her research. How does a lawyer's professional identity develop? We revisit the question of curved grades and the incentives they create. Who speaks up in class, and can the answer to that question affect the learning of other students? Also, our first question from a listener! This episode is the first of a 2-part mini-series discussing law school and the law student experience. The paper discussed was: Kathryne Young, Understanding the Social and Cognitive Processes in Law School that Create Unhealthy Lawyers, 89 Fordham L. Rev. 2575 (2021). Guest: Kathryne Young Host: Schenley Kent Panel: Tony Fernando, Courtney Buechler, Seth Trott Audio: Mohammed Saleem Producer: Tony Fernando

In this episode, the panel discusses decisions made during the 2020 Covid shutdowns. How were the shutdowns handled in different states? Were civil rights adequately protected? Do civil rights deserve protection, even at the cost of public health? If so, which ones and when? The article discussed was: John Curran, Jake Gardener, and Jeffery Ding, Covid-19 and the Constitution: How the Bill of Rights is Being Tested by the Coronavirus, N.Y.L.J. (May 29, 2020, online). Host: Schenley Kent Panel: Tony Fernando, Seth Trott, Jo Ann Fernando Audio: Mohammed Saleem Producer: Tony Fernando

Should the amount of wealth a person can acquire be limited? Does wealth translate into political power? If so, does wealth inequality affect whether a society should be considered a democracy? Does inequality in access to justice affect the character of a society? What is justice anyway? And is the political philosophy of limitarianism the way to find justice?  The paper discussed was: Ingrid Robeyns, Having Too Much, 58 NOMOS: AM. Soc'y POL. LEGAL PHIL. 1 (2017). Host: Vishal Bajpai Panel: Seth Trott, Jo Ann Fernando, Tony Fernando Audio: Mohammed Saleem Producer: Tony Fernando

In the 18th century, some folk-medicine treatments were the byproduct of the legal system. Our panel of 21st century law students consider an article which describes them. Why do people believe in superstitions? How has that influenced how we've responded to Covid? Can belief induce a placebo effect in medicine? What is the role of government in supporting public health? The article discussed was: Roberta M. Harding, Rubbing the Rabbit's Foot: Gallows, Superstitions, and Public Healthcare in England during the Eighteenth and Nineteenth Centuries, 25 B.U. Pub. Int. L.J. 359 (2016). Host: Seth Trott Panel: Schenley Kent, Jo Ann Fernando, Tony Fernando, Vishal Bajpai Audio: Mohammed Saleem Producer: Tony Fernando

The panel has a conversation with Professor Ryan Calo from the University of Washington, discussing: How do regulatory agencies use automated decision making software or algorithms? Who is responsible when the algorithms deliver absurd results? Can decisions to procure artificial intelligence enhanced software be reviewed? Also, a short consideration of constitutional rights for robots! The article discussed was: Ryan Calo & Danielle K. Citron, The Automated Administrative State: A Crisis of Legitimacy, 70 Emory L. J. 797 (2021).  Guest: Ryan Calo Panel: Seth Trott, Courtney Buechler Audio: Mohammed Saleem Producer: Tony Fernando

Service Animals are generally considered reasonable accommodations under the Fair Housing Act. Should Emotional Support Animals be treated similarly? What about in non-housing situations? What documentation should be required for an animal to be accommodated? The article discussed was: Katie Basalla, Shortening the Leash: Emotional Support Animals under the Fair Housing Act, 89 U. CIN. L. REV. 140 (2020). Host: Jo Ann Fernando Panel: Schenley Kent, Seth Trott, Tony Fernando Audio: Mohammed Saleem Producer: Tony Fernando

BONUS EPISODE! California attorney Michael Smith visits with the panel to discus state regulations regarding shooting fish (with firearms), the topic of a law review article he authored. We also discuss: What constitutes good legal writing? What is the value of 'leisure' writing? What happens when you shock a fish with electricity? As well as different approaches to regulation, federalism, and environmental protection. The article discussed was: Michael Smith, Shooting Fish, 12 Ky. J. Equine, Agric. & Nat. Resources L. 2 (2020). Guest: Michael Smith Panel: Tony Fernando, Seth Trott, Courtney Buechler, Jo Ann Fernando Audio: Mohammed Saleem Producer: Tony Fernando

How does social media influence jurors? What concerns are raised when jurors use social media during a trial? What are reasonable restrictions during a trial? How has our understanding of reasonable social media use changed over the past few years? The panel discusses these timely topics as well as baked goods. The article discussed was: Amy J. St. Eve & Michael A. Zuckerman, Ensuring an Impartial Jury in the Age of Social Media, 11 Duke Law & Technology Review 1-29 (2012) Host: Schenley Kent Panel: Tony Fernando, Jo Ann Fernando, Vishal Bajpai Audio: Mohammed Saleem Producer: Tony Fernando

The panel discusses video games in the context of e-sports, streaming, and how these activities are and/or should be regulated. Covering subjects from performance enhancing drug testing of e-thletes to visas to monetary and 'attention' in-game currencies, there's something in this episode for everyone from the newest n00b to the l33t gamer.  The article discussed was: Elizabeth Chung, Gotta Catch 'Em All! The Rise of eSports and the Evolution of Its Regulations, 22 SMU Sci. & TECH. L. REV. 231 (2019). Host: Tony Fernando Panel: Seth Trott, Jo Ann Fernando Audio: Mohammed Saleem Producer: Tony Fernando

Professor Michael Mogill joins the panel to discuss how he used Liebeck v. McDonald's Restaurants, the famous 'hot coffee' case, at a Law Day presentation to explain how the jury system works. Other topics discussed include how to teach legal concepts to various non-lawyer/non-law student audiences ranging from children to senior citizens and challenges of teaching law in the time of COVID. Article: Michael A. Mogill, Teaching Law Day: A Senior Moment, 1 Stetson J. Advocacy & L. 34 (2014).Guest: Michael MogillHost: Seth TrottPanel: Schenley Kent, Jo Ann Fernando, Courtney Buechler, Nicole Signer, Tony FernandoAudio: Mohammed SaleemProducer: Tony Fernando

The panel discusses an article that raises a hypothetical, what claim for an NFL player whose endzone dance is copied by a videogame. Join us for a wide ranging discussion that encompasses the constitution, TikTok, motivations for creative people, and more!The article that was discussed was: Alex Avakiantz, Stealing Swagger: NFL End Zone Celebrations and Fortnite's Fortune,94 Wash. L. REV. 453 (2019).Host: Tony FernandoPanel: Courtney Buechler, Seth Trott, Jo Ann FernandoAudio: Mohammed SaleemProducer: Tony Fernando

Law school grades are curved. Why? What are they trying to measure? Do curved grades serve students? Employers? Are curved grades moral? The panel discusses these topics and more, after reading an article which presented a case study of a law school which changed its curve.The article discussed was: Deborah Waire Post, "Power and Morality of Grading - A Case Study and a Few Critical Thoughts on Grade Normalization", 65 UMKC L. Rev. 777 (1997).Host: Seth TrottPanel: Schenley Kent, Tony Fernando, Jo Ann FernandoAudio: Mohammed SaleemProducer: Tony Fernando

What is the object of having an honor code or conduct code? Should law school honor codes have a "toleration clause", which requires a student who becomes aware of an honor code violation to report it? Should school codes be different than professional codes? Do the honor codes at the top law schools differ from the rest? The panel discusses this after having read:Meredith C. Manuel, Snitches Get Stiches: Ditching the Toleration Clause in Law School Honor Codes, 33 Geo. J. Legal Ethics 703.Host: Tony FernandoPanel: Seth Trott, Jo Ann FernandoAudio: Mohammed SaleemProducer: Tony Fernando

The panel is joined by our first guest-author, Associate Dean Bekah Saidman-Krauss! We discuss an article she wrote which analyzed a proposal by Senator Leahy (D-VT) to allow the Supreme Court to fill recusal based vacancies with retired Justices. The lower courts have mechanisms to replace a judge who recuses themselves, why doesn't the Supreme Court? What effect does not having a replacement mechanism have on their decision making?  The article discussed is: Bekah Saidman-Krauss, A Second Sitting: Assessing the Constitutionality and Desirability of Allowing Retired Supreme Court Justices to Fill Recusal-Based Vacancies on the Bench. 116 Penn St. L. Rev 253 (2011).Guest: Bekah Saidman-KraussHost: Tony FernandoPanel: Schenley Kent, Seth Trott, Jo Ann FernandoAudio: Mohammed SaleemProducer: Tony Fernando

The panel considers exemption 4 of the Freedom of Information Act which protects financial and business information. Does this create a right to privacy for corporations? Should business information be protected from disclosure, when the business is doing work for the government? The article discussed is: Jane E. Kirtley, Scott Memmel, and Jonathan Anderson, More Substantial Harm than Good: Recrafting FOIA's Exemption 4 after Food Marketing Institute v. Argus Leader Media, 46 Mitchell Hamline L. Rev 497.Host: Tony FernandoPanel: Nailah Graves-Manns, Seth Trott, Courtney BuechlerAudio: Mohammed SaleemProducer: Tony Fernando

The panel discusses court responses to states imposing restrictions on abortion during the present COVID pandemic. Is medicine an area where public necessity can outweigh private rights? Does restricting abortion actually reduce the use of PPE? What are the ethics around using a public health emergency to advance an agenda? The article discussed is: B. Jessie Hill, ESSENTIALLY ELECTIVE: THE LAW AND IDEOLOGY OFRESTRICTING ABORTION DURING THE COVID-19 PANDEMIC, 106 Va. L. Rev. Online 99 (2020). Host: Seth TrottPanel: Tony Fernando, Courtney Buechler, Nailah Graves-Manns, Schenley KentAudio: Mohammed SaleemProducer: Tony Fernando

While waiting to learn the outcome of the current election, our team looks back at Bush v. Gore and the decision making of the Supreme Court in the aftermath of the presidential election in the year 2000. Is a presidential candidate meaningfully harmed by being denied a recount? Do states rights over-ride federal interests? Should the Supreme Court grant certiorari to cases with flawed arguments? Also, our free sticker offer is still active!The article discussed was: David A. Strauss, Bush v. Gore: What were they thinking? 68 U. Chicago L. Rev. 737 (2001).Host: Seth TrottPanel: Tony Fernando, Jo Ann FernandoAudio: Mohammed SaleemProducer: Tony Fernando 

Just in time for the election, Schenley leads the panel in a discussion of Shelby v. Holder and the status of the Voting Rights Act. How pervasive should federal oversight of voting be? Also, instructions on how our listeners can get a free Law Review Squared sticker!The article discussed was: Ellen D. Katz, Section 2 after Section 5: Voting Rights and the Race to the Bottom,59 WM. & MARY L. REV. 1961 (2018).Host: Schenley KentPanel: Tony Fernando, Seth TrottAudio: Mohammed SaleemProducer: Tony Fernando

The panel discusses Tinker v. Des Moines, a foundational case regarding free speech for students, and subsequent developments. Is the current standard for free speech still applicable in an era of social media and online interactions?The article discussed is: Stephen Wermiel, Tinkering with Circuit Conflicts Beyond the Schoolhouse Gate, 22 J. Const. L. 1135 (2020).Host: Tony FernandoPanel: Mohammed Saleem, Nailah, Graves-Manns, Schenley Kent, Seth Trott, Jo Ann Fernando Audio Postprocessing: Mohammed SaleemProducer: Tony Fernando

Tony and Nailah discuss expectations of privacy in homeless encampments and surrounding issues. The article discussed was:Carrie Leonetti, THE WILD, WILD WEST: THE RIGHT OF THE UNHOUSED TO PRIVACY IN THEIR ENCAMPMENTS, 56 Am. Crim. L. Rev. 399 (2019).Host: Tony FernandoPanel: Nailah Graves-MannsAudio: Mohammed SaleemProducer: Tony Fernando

Schenley and Tony discuss alcoholism, addiction, and the legal profession. The article discussed was:Alexander O. Rovzar, Putting the Plug in the Jug: The Malady of Alcoholism and Substance Addiction in the Legal Profession and a Proposal for Reform. 10 U. Mass. L. Rev. 426. (2019)Comments may be sent to: lexclava@gmail.comFollow us on twitter at: @SquaredLawHost: Schenley KentPanel: Tony FernandoAudio: Mohammed SaleemProducer: Tony Fernando

The panel discusses when and if requiring facemasks could infringe on constitutional rights. The article discussed is:Polly J. Price and Patrick C. Diaz, Face-Covering Requirements and the Constitution, American Constitution Society Expert Forum (June 3, 2020). Comments may be emailed to: lexclava@gmail.comFollow us on twitter at: @SquaredLawHost: Courtney BuechlerPanel: Tony Fernando, Schenley Kent, Nailah Graves-Manns, Aranda Stathers, Mohammed SaleemAudio: Mohammed SaleemProducer: Tony Fernando 

In our first episode, the panel discusses airline pilot training and certification requirements in the wake of the Airline Safety and Pilot Training Improvement Act of 2009. The article being discussed is:Andrea Traut, The 1500-Hour Rule: When Does Quantity Outweigh Quality? 84 J. Air Law & Com. 267 (2019)Comments may be emailed to: lexclava@gmail.comFollow us on twitter at: @SquaredLawHost: Tony FernandoPanel: Courtney Buechler, Schenley Kent, Nailah Graves-MannsAudio: Mohammed SaleemProducer: Tony Fernando