Volume 107

Some Notes on Courts and Courtesy

This Essay is a short reflection on misgendering by judges, told through a critical assessment of three cases from the Fifth and Eighth Circuits: Gibson v. Collier, United States v. Varner, and United States v. Thomason. In the trio, judges refused …

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Volume 107 / Issue 8

The But-For Theory of Anti-Discrimination Law

Discrimination law has long been in theoretical crisis. Its central theory—disparate treatment law—has no agreed-upon core principles. Because prevailing theories of discrimination once treated “disparate treatment” and “discriminatory intent” as …

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Volume 107 / Issue 8

Excited Delirium and Police Use of Force

Excited delirium is often described as a psychiatric illness characterized by a sudden onset of extreme agitation, confusion, and aggression that can make people irrationally combative and dangerous. Since its inception in the 1980s, this medical …

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Volume 107 / Issue 8

The Lost Judicial Review Function of the Speech and Debate Clause

The prevailing understanding of the Speech or Debate Clause of the United States Constitution is that it was transplanted without significant modification from Article 9 of the English Bill of Rights of 1689. This Note challenges that view by …

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Volume 107 / Issue 8

Liberalism and Disagreement in American Constitutional Theory

For forty years, American constitutional theory has been viewed as a clash between originalists and non-originalists. This depiction misunderstands and oversimplifies the nature of the debate within constitutional theory. Although originalism and …

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ONLINE EDITION

Some Notes on Courts and Courtesy

This Essay is a short reflection on misgendering by judges, told through a critical assessment of three cases from the Fifth and Eighth Circuits: Gibson v. Collier, United States v. Varner, and United States v. Thomason. In the trio, judges refused …

By Chan Tov McNamarah
107 Va. L. Rev. Online 317

Universal Injunctions: Why Not Follow the Rule?

Over the last several years, a debate has flared up over universal injunctions, court orders that purport to benefit individuals across the nation, including vast numbers of people not party to the litigation from which the injunction issues. …

By George Rutherglen
107 Va. L. Rev. Online 300

Black Women’s Hair and Natural Hairstyles in the Workplace: Expanding the Definition of Race Under Title VII

interpretation of Title VII as including cultural characteristics often associated with race or ethnicity, Black women have not successfully litigated the freedom to wear their hair in natural hairstyles in the workplace. Courts have held that …

By Doriane S. Nguenang Tchenga
107 Va. L. Rev. Online 272
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