Publications

A recent United States Supreme Court ruling, curtailing the use of affirmative action in higher education, will require many universities to alter their admissions processes. Affirmative action in the educational context is the use of race-conscious admissions policies that are designed to restore those who have experienced discrimination, foster diversity, […]

The Supreme Court’s 6-3 decision, 303 Creative LLC v. Elenis, issued on Friday, June 30, 2023, held that requiring a business owner to create customized wedding websites for same-sex couples would violate the business owner’s First Amendment right to free speech. This holding expands First Amendment rights for business owners […]

On June 29, 2023, the United States Supreme Court strengthened religious freedom protections for employees. The case involved a former United States Postal Service (USPS) mail carrier, Gerald Groff, an evangelical Christian who requested accommodations to observe the Sabbath by not working on Sundays. For a time, USPS did not […]

Several major producers of PFAS chemicals agreed to settle a growing number of lawsuits alleging damages from contaminated waters. Major producers of per- and polyfluoroalkyl (“PFAS”) substances agreed to resolve lawsuits against them concerning PFAS contamination of public water systems throughout the country. As part of a recent settlement yet […]

In Arizona v. Navajo Nation, the court held that an 1868 treaty reserved water rights but did not require the federal government to secure that water for the reservation. Under the Winters doctrine, the federal government’s reservation of land for an Indian tribe also implicitly reserves the right to use […]