Does Justice Kavanaugh Have an Ethical Obligation to Recuse Himself from Certain Cases?

By Olivia Firmand On Saturday, October 6, 2018, the United States Senate voted 50-48 to confirm Justice Kavanaugh to the Supreme Court.[1] The confirmation came days after a contentious eight-hour hearing during which Justice Kavanaugh denied Dr. Christine Blasey Ford’s allegations of sexual assault from an incident thirty-six years ago.[2]  During Kavanaugh’s opening statement to […]

Out of Sight, Underground, Dead, or in the Streets: The Failure of Woodhull Freedom Foundation v. United Statesand the Consequences of FOSTA

By Alix Bruce On April 11, 2018, President Trump signed the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA) into law as the Allow States and Victims to Fight Online Sex Trafficking Act of 2017.[1]  The Act, in an attempt to prevent sex trafficking, amends Section 230 of the […]

Revocation of U.S. Citizens Passports along the Border: Legal, but Problematic

By Sarah Rosenberg The federal government has denied or revoked passports of hundreds, if not thousands, of citizens who were born near the Texas-Mexico border in the 1980s.[1] These individuals have United States birth certificates, but their citizenship is now being questioned due to the revocation of their passports.[2] While, so far, federal courts have […]

Volume 26.2

Volume 26, Issue 2 The following articles and comments were published in Volume 26, Issue 2 of The American University Journal of Gender, Social Policy & the Law. For subscription information, please check out our Subscription page. ARTICLES Towards Establishing Parenthood by Agreement in Jewish Law Yehezkel Margalit   The Confluence of Language and Learning […]

Volume 26.1

Volume 26, Issue 1 The following articles and comments were published in Volume 26, Issue 1 of The American University Journal of Gender, Social Policy & the Law. For subscription information, please check out our Subscription page. ARTICLES Lesson From Labor Feminists: Using Collective Action to Improve Conditions for Women Lawyers Marion C. Burke   […]

How Progressives in Law Talk to America

By Reuben Guttman and Paul Zwier[1]   “Originalism is a pretext to justify an ultraconservative agenda.”[2]“Textualism is pretext to discount context.” “The appointment of Judge Brett Kavanaugh to the Supreme Court is a step toward the demise of the administrative state.” We are progressives, and these are lines that we have picked up from like-minded […]

The Whistleblowers in the White House

By Reuben Guttman[1] I practice law. My clients have been called sneaks and snitches. I just call them “whistleblowers.” If they sue a culprit who has defrauded the government under the False Claims Act against, I might also call them “relators.”[2] I try to explain to people that the term whistleblower is quintessentially American. It […]

What Could a Justice Kavanaugh Mean For the Affordable Care Act?

By Samantha Schram On July 9, 2018, President Donald Trump nominated D.C. Circuit Judge Brett Kavanaugh to fill the vacancy left when Justice Anthony Kennedy retired from serving on the Supreme Court of the United States (SCOTUS) in June. The nomination has fueled discussions on the potential influence Kavanaugh might have on the high court.[1] […]

Are We Returning to a New Lochner Era?

By Britteny Leyva On July 9, 2018, President Donald Trump nominated Justice Brett Kavanaugh of the United States Court of Appeals District of Columbia Circuit to replace Justice Kennedy on the Supreme Court. In the wake of the recent Supreme Court decision in Epic Systems Corporation v. Lewis, this appointment could quite possibly launch a […]