NYU law professor Samuel Estreicher and 3L Sara Spaur argue that the premise of a recent National Labor Relations Board proposed rulemaking—that an employer must exercise direct and immediate control over employees to be a joint employer under the National Labor Relations Act—is not supported by the common law, as is required. Estreicher and Spaur explain that the Restatements of Agency and four key cases support the opposite conclusion, that the test for employer status is not actual control, but simply the right to control employees.

Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, comments on President Trump's recent visit speech at the United Nations Event on Religious Freedom that promotes his administration's brand of religious liberty. Hamilton argues that Trump is leading the nation toward toxic religious liberty that our nations framers—and particularly James Madison—warned against and attempted to prevent.

University of Florida Levin College of Law professor and economist Neil H. Buchanan argues that Biden’s campaign promise of a return to “normal” if he is elected President could result in the country’s situation becoming even worse than it currently is. Buchanan suggests that if Biden wins the nomination and the presidency and he is not seen as a serious fighter, he will lose a generation of voters forever.

Cornell law professor Sherry F. Colb responds to a colleague’s claim (yet unconfirmed) that jurors have an easier time distinguishing truth from falsehood when they read a transcript of testimony than when they listen to and watch the testimony directly. Assuming the claim is true, Colb describes why that claim might at first be surprising and also why, on further consideration, it makes sense. She proposes that if the claim is true, we ought perhaps to consider whether the distractors inherent in live testimony should excludable under the Federal Rules of Evidence.

Cornell law professor Michael C. Dorf comments on a memorandum recently issued by Andrew Wheeler, the administrator of the federal Environmental Protection Agency (EPA), that announced directives to substantially reduce government funding for and mandating of animal testing of chemicals to which humans might be exposed. Dorf acknowledges that Wheeler’s motivation might be the deregulation of industries that produce chemical products (a legitimate concern expressed by some public health and environmental groups), but Dorf argues that the policy is win-win-win: better for the animals spared experimentation; less costly to the public fisc; and better for human health.

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, explains why statute of limitations (SOL) reform for sex abuse and assault victims is necessary not only for children, but also for college students. Hamilton describes the nationwide epidemic of sexual abuse on college and university campuses and argues that SOL reform is the best way to ensure these victims have access to justice.

Illinois law dean and professor Vikram David Amar comments on a recent decision by a panel of state-court judges in North Carolina striking down partisan gerrymandering schemes as violating that state’s constitution. Amar had argued after the U.S. Supreme Court’s decision in Rucho v. Common Cause that state courts would have to address partisan gerrymandering on “independent and adequate state-law grounds” (rather than on federal constitutional grounds), which is exactly what the North Carolina court did.

Cornell law professor Sherry F. Colb comments on a battle over what products may carry the label “milk.” Colb proposes that the dairy industry opposes plant-based milks (such as soy milk or almond milk) from identifying their products using the word “milk” not because of any real risk of confusing consumers or market harm, but as a show of dominance in response to exposed vulnerability.

SMU Dedman School of Law professor Joanna L. Grossman comments on a law recently passed (and challenged) in Tennessee that purports to prohibit ministers ordained online from presiding over marriages in that state. Grossman explains why the Tennessee legislature passed the law and why it is being challenged, and she points out that based on the judge’s questions during the proceedings, the state may ultimately have to show at trial how the law is rationally related to its legitimate regulation of entry into marriage—regardless of whether it burdens the free exercise of religion.

Clinical bioethicist Charles E. Binkley and attorney David S. Kemp consider whether—and how—the Food and Drug Administration might reasonably regulate vaping devices, also known as electronic nicotine delivery system (ENDS), so that they can serve as an ethical alternative to combustible tobacco products. Specifically, Binkley and Kemp and call for further longitudinal data on the risks and benefits of ENDS and propose certain contingencies that must be in place before ENDS can serve as a viable replacement for conventional combustible tobacco products.

University of Florida Levin College of Law professor and economist Neil H. Buchanan explains why providing free college tuition for all students is the best investment the United States can make in its own future. Buchanan addresses several of the most common arguments against free college tuition, arguing that they purely moralistic objections that do not hold up to scrutiny.

Illinois law dean and professor Vikram David Amar offers three key observations about a recent decision by the U.S. Court of Appeals for the Tenth Circuit concerning “faithless” electors in the Electoral College. Specifically, Amar explains why the potential impact of the decision on the National Popular Vote movement is most likely limited, not extensive.

Cornell law professor Michael C. Dorf considers whether a possible Supreme Court ruling in a “faithless elector” case from the U.S. Court of Appeals for the Tenth Circuit could end the National Popular Vote (NPV) movement, which attempts to circumvent the Electoral College by interstate compact. Dorf provides a short background of NPV and the Tenth Circuit’s decision, and he explains why a decision by the Court decides to affirm the Tenth Circuit’s reasoning would threaten NPV.

UNLV Boyd School of Law professor Leslie C. Griffin responds to Professor Patricia Churchland’s book, Conscience: The Origins of Moral Intuition, offering contrasting views on morality. While Griffin recommends reading the book, she offers a differing view from that of the author, arguing that the physical brain can and does give rise to reason-centered moral rules to ethics.