Stanford Law visiting professor Joanna L. Grossman discusses the recently enacted Pregnant Workers Fairness Act (PWFA) and its accompanying regulations from the Equal Employment Opportunity Commission (EEOC), which provide protections and reasonable accommodations for pregnant workers. Professor Grossman explains key aspects of the new law and regulations, emphasizing that they will help countless workers maintain their jobs during pregnancy and childbirth while also combating stereotypes about women's labor force attachments and ultimately benefiting both employees and employers.
Amherst professor Austin Sarat discusses the systematic exclusion of Jewish people from death penalty juries in Alameda County, California, and explores Jewish perspectives on capital punishment. Professor Sarat argues that while Jewish religious texts mention capital punishment, rabbinical interpretations and Jewish history have made many Jews wary of the death penalty, and the discriminatory practices in Alameda County highlight the need to end capital punishment altogether.
Amherst professor Austin Sarat discusses the recent adoption of nitrogen hypoxia as a method of execution in several U.S. states, focusing on Alabama’s recent executions and other states considering or implementing this method. Professor Sarat argues that, despite proponents’ claims, nitrogen hypoxia is not a humane or problem-free method of execution, but instead echoes the unfulfilled promises made about previous execution methods like electrocution, gas chambers, and lethal injection.
Cornell professor Joseph Margulies comments on a pro-Palestinian encampment set up by student activists at Cornell University, which the author views as a peaceful protest in line with the university’s stated values. Professor Margulies shares an opinion piece he wrote in the student newspaper, The Cornell Daily Sun, in which he criticized the university administration’s cold response to the encampment, arguing that the students’ demands for divestment, acknowledgement, disclosure, and absolution are just, and that Cornell is failing to live up to its reformist ideals by deriding the protesters and remaining silent on the issues they raise.
Cornell Law professor Michael C. Dorf discusses Republican politicians, particularly Kristi Noem, and their involvement in controversial incidents related to animal cruelty. Professor Dorf argues that while the outrage directed at these politicians for their mistreatment of individual animals is justified, it is hypocritical for most people to condemn these actions while continuing to participate in a food system that causes immense suffering to billions of animals.
Laura Dooley and Rodger Citron, both professors of law at Touro University, Jacob D. Fuchsberg Law Center, discuss the Supreme Court’s denial of certiorari in E.I. du Pont de Nemours & Co. v. Abbott, a mass tort case involving the application of nonmutual offensive collateral estoppel in a multidistrict litigation (MDL) context. Professors Dooley and Citron argue that while Justice Thomas’s dissent raises concerns about fairness and due process for the defendant Du Pont, the Court’s denial of certiorari appropriately defers to the lower courts’ fact-specific analysis and recognizes that plaintiffs in mass tort cases have the same right to efficient procedures as corporate defendants, so long as their use is fair.
Amherst professor Austin Sarat discusses the recent surge in pro-Palestinian protests on college campuses across the United States and how these protests have become a political issue in the 2024 presidential campaign. Professor Sarat argues that while peaceful protest should be protected, violent and disruptive protests should not be tolerated, and expresses concern that the campus protests, despite their aim to support human rights, may inadvertently help those who seek to undermine human rights and decency both domestically and internationally.
UC Davis Law professor Vikram David Amar and professor emeritus Alan E. Brownstein discuss the regulation of student protests and encampments on college campuses, particularly focusing on the balance between protecting free speech and ensuring the safety and functioning of the university. Professors Amar and Brownstein argue that while peaceful protests should generally be permitted, universities have significant interests—such as preventing physical obstruction, noise pollution, unsanitary conditions, and liability issues—that can justify content-neutral time, place, and manner restrictions on encampments, even if evenly enforcing such restrictions during tense situations presents challenges.
In this second of a series of columns on Israel’s strike on the World Central Kitchen convey, Illinois Law professor Lesley M. Wexler explores the lack of individual remedies available to the victims of the strike and other civilian casualties in Gaza, particularly focusing on the limitations of tort liability, solatia, and condolence payments, and the UN Register of Damages. Professor Wexler argues that while these avenues for compensation are currently unavailable or unlikely to be pursued by Israel, the question of individual compensation for civilian victims should be addressed as part of a future political resolution to the Israel-Hamas conflict.
Amherst professor Austin Sarat discusses the botched execution of Clayton Lockett in Oklahoma in 2014 and how it marked a turning point in the public perception of capital punishment. Professor Sarat argues that the repeated failures and mistakes in the death penalty system, exemplified by Lockett’s execution and the disproportionate impact on Black individuals, have undermined the moral justification for capital punishment and strengthened the case for abolition.