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