Boston University Law Review

Articles from Vol. 99, No. 5, October

Loving beyond the Binary: Applying Associational Discrimination to Gender Identity under Title VII
IntroductionIn October 2014, Allegra Schawe-Lane, a transgender4 woman, and her husband, Dane Lane, a cisgender5 man, began working in a northern Kentucky warehouse owned by online retail giant Amazon.6 The couple had specifically applied to work at...
Misdemeanor Appeals
IntroductionMisdemeanor cases dominate the criminal caseloads of state trial courts. Each year, state prosecutors charge an estimated 13.2 million defendants with assault; DUI; vagrancy; gambling; drunkenness; liquor-law violations; disorderly conduct;...
Nonmarital Coverture
IntroductionThe doctrine of coverture, where a man and a woman become one upon marriage, is understood as a matter of positive law to be a relic of the past. Today, William Blackstone's oft-repeated definition of coverture sounds in an anachronistic...
Poetry in Motion: The Federal Rules of Evidence and Forward Progress as an Imperative
IntroductionChief Justice William Rehnquist was known to say of the Federal Rules of Evidence that they should rarely, if ever, be altered.1 In counseling against efforts to polish the Rules to perfection, Chief Justice Rehnquist gave voice to a valid...
Quiet-Revolution Rulings in Constitutional Law
IntroductionSome Supreme Court rulings make a grand entrance. Marbury v. Madison,1 McCulloch v. Maryland,2 and Miranda v. Arizona3 illustrate the point. In each of these cases, the Court launched a transformative constitutional principle in a setting...
The Core Corporate Governance Puzzle: Contextualizing the Link to Performance
IntroductionThere is a critical puzzle at the core of corporate governance theory: Is corporate performance really linked to a firm's governance structure? Promoting "good" corporate governance has become a global industry. Large international organizations,...
The Representative First Amendment: Public-Sector Exclusive Representation after Janus V. Afscme
IntroductionBefore it was a case, Janus was a god. The two-faced god of time in ancient Rome, Janus captured the paradoxical nature of change-that all endings are also beginnings.1 Fitting, then, that when the U.S. Supreme Court decided to strike down...
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