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Most Recent Print Issue

Volume 70, Issue 4 

Published Fall 2021

ARTICLE

In the Name of Diversity: Why Mandatory Diversity Statements Violate the First Amendment and Reduce Intellectual Diversity in Academia
by Daniel Ortner

In the 1950s and 1960s in many parts of the country, a professor could be fired or never hired if he refused to denounce communism or declare loyalty to the United States Constitution. The University of California system took the lead in enforcing these loyalty oaths. These loyalty oaths were challenged all the way up to the United States Supreme Court and were soundly rejected, establishing the centrality of academic freedom and open inquiry on the university campus. So why are loyalty oaths making their resurgence in the form of mandatory diversity statements? Universities have begun requiring faculty members to declare fealty to a particular worldview and approach towards matters of diversity. [Continue reading here.]

NOTES

Compelled Unionism in the Private Sector After Janus: Why Unions Should Not Profit from Dissenting Employees
by Giovanna Bonafede

This Note examines the impact of the 2018 landmark labor law case Janus v. AFSCME. Janus held it unconstitutional under the First Amendment to require public sector employees to pay fees to a union to which they are not a member. The Supreme Court based their decision on the idea that compelling public employees to subsidize union speech to which they disagreed violated their free speech rights. The author argues that the Court’s holding in Janus should be extended to protect the free speech rights of private sector employees through a finding of state action in the private unionized workplace. [Continue reading here].

ARTICLE

Forming a More Perfect Honor System: Why the Trend of Over-Legalizing Academic Honor Codes Must be Reversed
by Christopher M. Hartley

Legal processes dominate many honor systems at schools and universities. The negative impacts of this legal saturation include time-consuming, overly burdensome, and seldom understood honor systems as well as a shift of student focus from compliance with honor codes to a fixation on exoneration, given the increased opportunity for fighting and defeating honor allegations using legal recourses. This article is a clarion call for higher education immediate action: schools must scrutinize their honor systems to ensure they are legally efficient, not legally saturated.  [Continue reading here].

NOTES

But We Didn’t Agree to That!: Why Class Proceedings Should Not Be Implied from Silent or Ambiguous Arbitration Clauses After Lamps Plus, Inc. v. Varela
by Andrea DeMelo Laprade

Eyewitness identification remains one of the most popular pieces of evidence in criminal trials despite the decades of research supporting this evidence unreliability. In August 2019, the federal case United State v. Allen became nationwide news when it was revealed that police used Photoshop to remove Allen’s facial tattoo before using the altered-photo in a photo array. [Continue reading here]. 


ARTICLE

Property and Local Knowledge
by Malcolm Lavoie

Property rights play an important but largely under-appreciated role in channeling local knowledge into decisions about physical resources. Property devolves decision-making authority to a dispersed pool of owners, who are likely to be aware of local conditions relevant to their resources. As a result, property owners are often in a position to make better-informed decisions about the use of the resource than other parties. The homeowner who preemptively repairs an old roof, the retailer who offers a new product for sale, and the farmer who decides to switch crops are all decision-makers who are empowered through property rights to act on local knowledge that no one else may have.  [Continue reading here.]

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