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Effective Pay Transparency Requires Benefit Transparency

“In Massachusetts, on average, women working full-time earn only 84.3% of what men earn.  The gap is even larger for some women of color.”   Massachusetts and the rest of the country suffer from a...

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Culp v. Commissioner and Tax Court Access for Low-Income Litigants

Statutory deadlines in the tax code have historically been interpreted by the Tax Court as jurisdictional.  When a statutory filing deadline is jurisdictional, the petitioner’s failure to file by the...

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SisterSong v. State of Georgia: A Feminist History and Tradition?

It’s no secret that history will shape the future of abortion rights in the United States.  When the Supreme Court overruled Roe v. Wade in 2022, the majority, in an opinion by Justice Alito, made...

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How Much of the Regulatory State is Safe Post–Loper Bright?

Federal courts cited Chevron U.S.A. v. Natural Resources Defense Council over 18,000 times in the four decades before its downfall in Loper Bright Enterprises v. Raimondo. But Chief Justice Roberts...

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History Absolves the FTC: A Defense of the Rule on Non-Competes and...

The Federal Trade Commission’s (FTC’s) Non-Compete Clause Rule (the “Rule”), finalized in spring 2024, effectively bans all non-compete clauses and “functional” non-compete clauses based on their...

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Anchors Astray: Why the Service Academy Exception is Wrong

Last month, Judge Richard Bennett of the District of Maryland ruled that the U.S. Naval Academy can continue using race in its admissions decisions.  This ruling creates an unjustified exception from...

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Community Integration of People with Disabilities A Quarter Century After...

June 2024 marked the twenty-fifth anniversary of the U.S. Supreme Court’s landmark Americans with Disabilities Act (ADA) decision in Olmstead v. L.C. holding that the unnecessary institutional...

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About the California Fires

The first principle of insurance reflects the fundamental lesson of the tragic California fires: you can’t get something for nothing. If expected losses from wildfires this year are $N, and the...

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What to Expect from Texas Hospitals When You’re Expecting

Texas wants to keep growing. As the George W. Bush Institute notes, “Texas is defying the trend [of declining population] by continuing to expand.” The state has the second-highest population and is...

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Much Ado About Geofence Warrants

In 2020, law enforcement agencies served Google with more than 11,500 warrants directing the company to conduct sweeping searches of its vast location database. These “geofence warrants” instructed...

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