Federal Courts

Online
Essay
Saldana v. Glenhaven Healthcare LLC—Should Wrongful Death Suits from COVID-19 Be Heard Exclusively in Federal Courts?
Bethany Ao
Bethany Ao is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

She thanks Matthew Makowski, Abigail Barney, Annie Kors, and the University of Chicago Law Review Online team. She also thanks the health reporters at the Philadelphia Inquirer for inspiring this piece.

After Ricardo Saldana suffered a stroke in 2014, his family moved him into Elms Convalescent Hospital, a skilled nursing facility in Glendale, California, so he could receive the care he needed.

Online
Essay
Offended-Observer Standing’s Last Stand: Kennedy as the Final Nail in a Flawed Doctrine’s Coffin
Stephen Vukovits
Stephen Vukovits is a J.D. Candidate at the University of Chicago Law School, Class of 2024.

He thanks Matthew Makowski, Anson Fung, Virginia Robinson, and the University of Chicago Law Review Online team.

This past term, the Supreme Court in Kennedy v. Bremerton School District (2022) formally overturned the notorious Lemon test that had governed Establishment Clause jurisprudence for more than a half-century.

Online
Essay
Distributing the Corporation’s Brain: Principal Place of Business Without Physical Presence
Nicholas Hallock
Nicholas Hallock is a staff member of The University of Chicago Law Review and a J.D. candidate in the University of Chicago Law School class of 2022. He received his B.A. from Columbia University in 2017.

Thanks to the editors of The University of Chicago Law Review for their help with this piece.

During the COVID-19 pandemic, many businesses transitioned to remote work for some or all of their employees, relying on videoconference platforms like Zoom and Microsoft Teams for communication.

Online
Essay
The Organization Judge
David Zaring
Professor of Legal Studies, The Wharton School of the University of Pennsylvania.

Thanks to Benjamin Barton, Adam Chilton, Brian Feinstein, Jonathan Nash, and Anne Joseph O’Connell for invaluable comments, and to Michelle Mohr for research assistance. © 2020, David Zaring.

In the 1950s, American corporate executives were overwhelmingly white, male, and valued progression within well-defined hierarchies over creativity.

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Article
78.2
The Alien Tort Statute and the Law of Nations
Anthony J. Bellia Jr
Professor of Law and Notre Dame Presidential Fellow, Notre Dame Law School
Bradford R. Clark
William Cranch Research Professor of Law, The George Washington University Law School

We thank Amy Barrett, Tricia Bellia, Curt Bradley, Paolo Carozza, Burlette Carter, Anthony Colangelo, Michael Collins, Anthony D’Amato, Bill Dodge, Rick Garnett, Philip Hamburger, John Harrison, Duncan Hollis, Bill Kelley, Tom Lee, John Manning, Maeva Marcus, Mark McKenna, Henry Monaghan, David Moore, Julian Mortenson, Sean Murphy, John Nagle, Ralph Steinhardt, Paul Stephan, Ed Swaine, Jay Tidmarsh, Roger Trangsrud, Amanda Tyler, Carlos Vázquez, Julian Velasco, and Ingrid Wuerth for helpful comments. In addition, we thank participants in the 2010 Potomac Foreign Relations Law Roundtable at The George Washington University Law School, the 2010 Workshop of the International Law in Domestic Courts Interest Group of the American Society of International Law at the University of Virginia School of Law, and faculty workshops at The George Washington University and Notre Dame Law Schools. We give special thanks to research librarian Patti Ogden for her exceptional, expert research assistance. We also thank Notre Dame law students and alumni Nick Curcio, Katie Hammond, John Lindermuth, and Carolyn Wendel and George Washington University law students and alumni Benjamin Kapnik, Heather Shaffer, and Owen Smith for excellent research assistance.