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The Law Review Review! Law students discuss legal topics, using law review articles as a lens in a panel format. Each episode a law review article is selected by a panel member and distributed to the group. Episodes are released every other Monday. Follow us on twitter at: @SquaredLaw Mailbag at: [email protected]
Episodes
Monday Oct 11, 2021
Discrimination Protection for Volunteers
Monday Oct 11, 2021
Monday Oct 11, 2021
Discrimination against protected classes in employment is clearly illegal, but what protections exist for volunteers? What constitutes a benefit that should trigger employment law protections? Can intangible benefits be enough to trigger Title VII protections? Can an organization refuse to accept donations in a discriminatory manner? Do some volunteer organizations, such as volunteer fire departments, perform such important tasks that society should not permit them to discriminate even if they would be permitted to otherwise?
The article discussed was: Joseph D. Greenhalgh, I Didn't Volunteer for This: A Solution for Protection Volunteers from Discrimination in Massachusetts. 39 W. New Eng. L. Rev. 177 (2016).
Host: Seth Trott
Panel: Tony Fernando, Schenley Kent
Audio: Mohammed Saleem
Producer: Tony Fernando
Monday Sep 27, 2021
Eliminating Constitutional Law
Monday Sep 27, 2021
Monday Sep 27, 2021
In this episode, Tony discusses Eliminativism with Professor Evan Bernick from NIU. Does constitutional law actually exist? Do constitutional decisionmakers need to have a theory of law in order to choose a constitutional theory? Does whether something is law carry moral weight? How does a judge or other decision maker make decisions when presented with an unjust law? Also, is twitter going to be the new way to submit law review articles?
The article discussed is: Evan D. Bernick, Eliminating Constitutional Law, South Dakota Law Review (Forthcoming).
Guest: Evan Bernick
Host: Tony Fernando
Audio: Mohammed Saleem
Producer: Tony Fernando
Monday Sep 13, 2021
Equity in Law School Admissions
Monday Sep 13, 2021
Monday Sep 13, 2021
Dean Danielle Conway, head of Penn State Dickinson Law, joins the panel to discuss law school admissions. How can the law school admission process lead to systematic inequities? How has Penn State Dickinson Law adjusted its admissions process to address some of these sources of inequity? Can everybody benefit when procedures are changed to address diversity, equity, and inclusion?
This is the second of a 2-part mini-series focused on law school.
The paper discussed is: Danielle M. Conway, Bekah Saidman-Krauss & Rebecca Schreiber, Building an Antiracist Law School: Inclusivity in Admissions and Retention of Diverse Students-- Leadership Determines DEI Success, Forthcoming Rutgers Race & L. Rev. (2021).
Guest: Danielle Conway
Host: Tony Fernando
Panel: Schenley Kent, Seth Trott
Audio: Mohammed Saleem
Producer: Tony Fernando
Monday Sep 06, 2021
Processes in Law School Which Affect Law Students and Lawyers
Monday Sep 06, 2021
Monday Sep 06, 2021
Professor Kathryne Young from UMass-Amherst is conducting a longitudinal study of law students and mental health. The first paper from that effort was published earlier this year. In this episode, our panel visits with Professor Young to discuss her research. How does a lawyer's professional identity develop? We revisit the question of curved grades and the incentives they create. Who speaks up in class, and can the answer to that question affect the learning of other students? Also, our first question from a listener!
This episode is the first of a 2-part mini-series discussing law school and the law student experience.
The paper discussed was: Kathryne Young, Understanding the Social and Cognitive Processes in Law School that Create Unhealthy Lawyers, 89 Fordham L. Rev. 2575 (2021).
Guest: Kathryne Young
Host: Schenley Kent
Panel: Tony Fernando, Courtney Buechler, Seth Trott
Audio: Mohammed Saleem
Producer: Tony Fernando
Monday Aug 23, 2021
Civil Rights during the Covid Pandemic
Monday Aug 23, 2021
Monday Aug 23, 2021
In this episode, the panel discusses decisions made during the 2020 Covid shutdowns. How were the shutdowns handled in different states? Were civil rights adequately protected? Do civil rights deserve protection, even at the cost of public health? If so, which ones and when?
The article discussed was: John Curran, Jake Gardener, and Jeffery Ding, Covid-19 and the Constitution: How the Bill of Rights is Being Tested by the Coronavirus, N.Y.L.J. (May 29, 2020, online).
Host: Schenley Kent
Panel: Tony Fernando, Seth Trott, Jo Ann Fernando
Audio: Mohammed Saleem
Producer: Tony Fernando
Monday Aug 09, 2021
The Limits of Limitariansim
Monday Aug 09, 2021
Monday Aug 09, 2021
Should the amount of wealth a person can acquire be limited? Does wealth translate into political power? If so, does wealth inequality affect whether a society should be considered a democracy? Does inequality in access to justice affect the character of a society? What is justice anyway? And is the political philosophy of limitarianism the way to find justice?
The paper discussed was: Ingrid Robeyns, Having Too Much, 58 NOMOS: AM. Soc'y POL. LEGAL PHIL. 1 (2017).
Host: Vishal Bajpai
Panel: Seth Trott, Jo Ann Fernando, Tony Fernando
Audio: Mohammed Saleem
Producer: Tony Fernando
Monday Jul 26, 2021
Gallows Medicine
Monday Jul 26, 2021
Monday Jul 26, 2021
In the 18th century, some folk-medicine treatments were the byproduct of the legal system. Our panel of 21st century law students consider an article which describes them. Why do people believe in superstitions? How has that influenced how we've responded to Covid? Can belief induce a placebo effect in medicine? What is the role of government in supporting public health?
The article discussed was: Roberta M. Harding, Rubbing the Rabbit's Foot: Gallows, Superstitions, and Public Healthcare in England during the Eighteenth and Nineteenth Centuries, 25 B.U. Pub. Int. L.J. 359 (2016).
Host: Seth Trott
Panel: Schenley Kent, Jo Ann Fernando, Tony Fernando, Vishal Bajpai
Audio: Mohammed Saleem
Producer: Tony Fernando
Wednesday Jun 30, 2021
The Automated Administrative State
Wednesday Jun 30, 2021
Wednesday Jun 30, 2021
The panel has a conversation with Professor Ryan Calo from the University of Washington, discussing: How do regulatory agencies use automated decision making software or algorithms? Who is responsible when the algorithms deliver absurd results? Can decisions to procure artificial intelligence enhanced software be reviewed? Also, a short consideration of constitutional rights for robots!
The article discussed was: Ryan Calo & Danielle K. Citron, The Automated Administrative State: A Crisis of Legitimacy, 70 Emory L. J. 797 (2021).
Guest: Ryan Calo
Panel: Seth Trott, Courtney Buechler
Audio: Mohammed Saleem
Producer: Tony Fernando
Thursday May 27, 2021
Emotional Support Animals and the Fair Housing Act (and other situations)
Thursday May 27, 2021
Thursday May 27, 2021
Service Animals are generally considered reasonable accommodations under the Fair Housing Act. Should Emotional Support Animals be treated similarly? What about in non-housing situations? What documentation should be required for an animal to be accommodated?
The article discussed was: Katie Basalla, Shortening the Leash: Emotional Support Animals under the Fair Housing
Act, 89 U. CIN. L. REV. 140 (2020).
Host: Jo Ann Fernando
Panel: Schenley Kent, Seth Trott, Tony Fernando
Audio: Mohammed Saleem
Producer: Tony Fernando
Thursday Apr 01, 2021
Shooting Fish (With Firearms)
Thursday Apr 01, 2021
Thursday Apr 01, 2021
BONUS EPISODE! California attorney Michael Smith visits with the panel to discus state regulations regarding shooting fish (with firearms), the topic of a law review article he authored. We also discuss: What constitutes good legal writing? What is the value of 'leisure' writing? What happens when you shock a fish with electricity? As well as different approaches to regulation, federalism, and environmental protection.
The article discussed was: Michael Smith, Shooting Fish, 12 Ky. J. Equine, Agric. & Nat. Resources L. 2 (2020).
Guest: Michael Smith
Panel: Tony Fernando, Seth Trott, Courtney Buechler, Jo Ann Fernando
Audio: Mohammed Saleem
Producer: Tony Fernando