Recent Articles

States Immune from Suit for FMLA Violations Related to Self-Care

March 21, 2012 20:55

The Supreme Court issued it's opinion in Coleman v. Md. Ct. App. today, holding that Congress lacked the power to abrogate state immunity from suits for damages for violations of the FMLA's self-care provisions. Here's the syllabus: JUSTICE KENNEDY, joined...

Cunningham-Parmeter on Federalism and Immigration

March 21, 2012 20:44

Apropos of yesterday's federalism decision in the FMLA/11th Amendment context, Keith Cunningham-Parmeter (Willamette) has a nice piece on federalism in immigration laws: Forced Federalism: States as Laboratories of Immigration Reform. Here's the abstract: This Article questions the experimental...

Wasserman on Hosanna-Tabor and Jurisdiction

March 21, 2012 20:37

And in keeping with the federal courts/Supreme Court theme, Howard Wasserman (Florida International) has a really interesting essay on the Supreme Court's holding in Hosanna-Tabor Lutheran School v. EEOC that the ministerial exception is not jurisdictional in PENNumbra: Prescriptive Jurisdiction,...

Zelinsky on the Individual Mandate, the Parsonage Allowance, and the Religious Exemptions for FICA and Social Security

March 20, 2012 13:38

That's a mouthful of a headline. Anyway, Ed Zelinsky (Cardozo) has just posted on SSRN his article Do Religious Tax Exemptions Entangle in Violation of the Establishment Clause? The Constitutionality of the Parsonage Allowance Exclusion and the Religious Exemptions of...

Fired for Wearing Orange

March 19, 2012 14:11

Joe Slater (Toledo) sends us word of this story from the SunSentinel; Four workers tell the story this way: For the past few months, some employees have worn orange shirts on pay-day Fridays so they'd look like a group when...

Recently Published Scholarship

March 19, 2012 12:14

Kermit Roosevelt III, Not as Bad as You Think: Why Garcetti v. Ceballos Makes Sense, 14 U. Pa. J. Const'l L. 631 (2012). Mark E. Berghausen, Intersex Employment Discrimination: Title VII and Anatomical Sex Nonconformity, 105 Nw. L. Rev. 1281...

The NFL Salary-Cap Side Agreement

March 19, 2012 01:07

Thanks to Dan Sydner's, owner of Washington, in-you-face maneuvers during the lock-out, there's been a lot of attention to the new salary cap agreed to by the NFL and players' union. The new cap was a bit higher than the...

The NFL Salary-Cap Side Agreement

March 19, 2012 01:07

Thanks to Dan Sydner's, owner of Washington, in-you-face maneuvers during the lock-out, there's been a lot of attention to the new salary cap agreed to by the NFL and players' union. The new cap was a bit higher than the...