The Don Rowe Blog

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Feb 27

Headscarf Bans, Equal Treatment, and Minority Integration in the Workplace

posted by Ally McQueen

Headscarf Bans, Equal Treatment, and Minority Integration in the Workplace Elizabeth A. Clark* Andrea Pin’s Essay[1] on the Achbita[2] and Bougnaoui[3] cases effectively highlights the significance of the cases and the singularity of the rulings, as well as the tension they create with other European Union norms and policies.  The European Court of Justice’s (ECJ) […]

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Feb 12

There is a Place for Muslims in America: On Different Understandings of Neutrality

posted by Ally McQueen

There is a Place for Muslims in America: On Different Understandings of Neutrality Mark Aaron Goldfeder* Introduction Professor Pin’s essay, which is the starting point for this Symposium’s discussion,[1] makes reference to an earlier article of his—Does Europe Need Neutrality? The Old Continent in Search of Identity.[2]  That article and this Essay focus on the […]

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Oct 25

How Would the European Court of Human Rights Decide Holt v. Hobbs?

posted by Ally McQueen

How Would the European Court of Human Rights Decide Holt v. Hobbs? Francesca M. Genova* Introduction In 2015, the Supreme Court decided Holt v. Hobbs, which affirmed a prisoner’s right under the Religious Land Use and Institutionalized Persons Act[1] (RLUIPA) to grow a half-inch beard in accordance with his sincerely held Islamic faith.[2]  This case […]

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Oct 24

Is There a Place for Islam in the West?  Adjudicating the Muslim Headscarf in Europe and the United States

posted by Ally McQueen

Is There a Place for Islam in the West?  Adjudicating the Muslim Headscarf in Europe and the United States Andrea Pin* Introduction On March 14, 2017, while the world was debating whether the White House was trying to ban Islamic immigration in its executive orders,[1] in the small town of Luxembourg fifteen judges spoke for […]

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Oct 24

The Rank-Order Method for Appellate Subset Selection

posted by Ally McQueen

The Rank-Order Method for Appellate Subset Selection Michael J. Hasday* Appellate courts in many countries will often use a subset of the entire appellate body to decide cases.  The United States courts of appeals,[1] the European Court of Justice,[2] and the highest courts in Canada, Israel, South Africa, New Zealand, and the United Kingdom all […]

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Aug 22

Dead Precedents

posted by Ally McQueen

DEAD PRECEDENTS Riley T. Svikhart* Introduction Shaun McCutcheon’s was the “next big campaign finance case to go before the Supreme Court.”[1]  When the Alabama GOP warned the conservative businessman that his 2010 federal campaign contributions might soon exceed a congressionally imposed limit, he decided to “take a stand.”[2]  Together, McCutcheon and the Republican National Committee […]

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May 19

Recent Case: Syed v. M-I, LLC

posted by Ally McQueen

RECENT CASE SYED V. M-I, LLC On Issue of First Impression, Ninth Circuit Holds No Extraneous Information Allowed in Fair Credit Reporting Act Disclosure; Such Violation is Willful Under Statute Lowell Ritter* Introduction The Fair Credit Reporting Act (FCRA)[1] was enacted to protect consumers by ensuring the accuracy and fairness of reports provided by consumer […]

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May 19

The Native American Struggle Between Economic Growth and Cultural, Religious, and Environmental Protection: A Corporate Solution

posted by Ally McQueen

THE NATIVE AMERICAN STRUGGLE BETWEEN ECONOMIC GROWTH and CULTURAL, RELIGIOUS, AND ENVIRONMENTAL PROTECTION: A CORPORATE SOLUTION Joseph Patterson* Introduction Four days following his inauguration, President Donald Trump signed an executive order “expedit[ing]” the Dakota Access Pipeline (DAPL), otherwise known as the Bakken Oil Pipeline.[1]  This executive order sparked new rounds of protests by the Standing […]

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Apr 26

The Courts and the People in a Democratic System: Against Federal Court Exceptionalism

posted by Ally McQueen

  THE COURTS AND THE PEOPLE IN A DEMOCRATIC SYSTEM: AGAINST FEDERAL COURT EXCEPTIONALISM Simona Grossi* The law of federal procedure is on the Supreme Court’s docket for the October 2016 Term, with granted petitions addressing pleading sufficiency,[1] standing,[2] and jurisdiction.[3]  And, of course, the Advisory Committee on Rules of Civil Procedure continues its annual […]

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