Law & Life

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What's the Harm? The Future of the First Amendment
Free Speech Overrides
Frederick Schauer
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia.

This Essay was prepared for the University of Chicago Law School’s Conference on What’s the Harm? The Future of the First Amendment, held on October 24, 2019.

The notion of an “absolute” First Amendment has been around for generations. Talk of an absolute First Amendment, however, is just that—talk.

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What's the Harm? The Future of the First Amendment
Lapidation and Apology
Cass R. Sunstein
Robert Walmsley University Professor, Harvard University.

. I am grateful to Zachary Manley for valuable research assistance.

This is not a sermon, not exactly, but we begin with a passage from the Gospel according to John

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What's the Harm? The Future of the First Amendment
Free Speech and the "Unique Evils" of Public Accommodations Discrimination
Elizabeth Sepper
Professor of Law, University of Texas at Austin School of Law.

I’m grateful to Kathryn Garza for excellent research assistance and to the participants in the University of Chicago Law School’s Legal Forum Symposium, What’s the Harm? The Future of the First Amendment, for their comments and suggestions. I thank Nika Arzoumanian, Rebecca Boorstein, Austin Kissinger, Daniel Simon, Anna Porter, James Gao, Rebecca Roman, Claire Lee, Qi Xie, and the rest of the journal staff for their superb organizing and editorial assistance.

For over a hundred years, the U.S. Supreme Court—and an array of state supreme courts—consistently rejected arguments that businesses open to the public have a constitutional right to provide less than the full and equal services required by antidiscrimination laws. The Supreme Court made clear that public accommodations law “does not, on its face, target speech or discriminate on the basis of its content.”

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Comment
What's the Harm? The Future of the First Amendment
When Speech Isn't Free: The Rising Costs of Hosting Controversial Speakers at Public Universities
Rebecca Roman
B.S. Florida State University; J.D. Candidate, The University of Chicago Law School, 2021.

Many thanks to Professor Baird and Professor Stone for their guidance, and to Zachary Spencer for all of his great ideas, including the topic of this Comment. I would also like to thank my dear friends on The University of Chicago Legal Forum for their contributions to this piece.

“Free” speech seems like a misnomer when looking at the price public universities have to pay to protect students’ First Amendment rights. Accommodating controversial speakers on campus requires universities to balance budget constraints with free speech.

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Law for the Next Pandemic
Four Futures for U.S. Pandemic Policy
Daniel Hemel
Professor of Law, University of Chicago Law School; Visiting Professor of Law, New York University School of Law.

Thanks to Daniel Rodriguez, Crofton Kelly, Dylan Moore, and Alan‌ Rozenshtein for thoughtful comments.

In the spring of 2020, when the editors of The University of Chicago Legal Forum chose “Law for the Next Pandemic” as the theme for their upcoming fall symposium, the title seemed rather pessimistic. Really, we’re going to have to do all of this again?

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Law for the Next Pandemic
Preparing for the Next Pandemic: COVID-19's Lessons for Courts
Hon. Rebecca R. Pallmeyer
Chief Judge of the U.S. District Court for the Northern District of Illinois, J.D. 1979, The University of Chicago Law School.

Thanks to my law clerk, Emily Vernon, J.D. 2020, The University of Chicago Law School, for helping me prepare this piece.

This Article discusses how the United States District Court for the Northern District of Illinois has responded to the virus, with a particular emphasis on jury trials. I close by offering some reflections on how the pandemic might change the ways that courts will operate in the future.

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Law for the Next Pandemic
Toward Livelihood Insurance
Michael Abramowicz
Oppenheim Professor of Law, George Washington University.

For helpful comments, I thank Peter Siegelman, David Simon, participants in a virtual workshop sponsored by the Insurance Law Center at the University of Connecticut, and participants in this symposium. All errors are mine.

The economic dislocation associated with the COVID-19 pandemic might have been reduced if pandemic insurance were widespread. Yet, outside of the All England Club, host of the Wimbledon Tennis Tournament, virtually no one held pandemic insurance.

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The Body
Borrowed Wombs: On Uterus Transplants and the "Right to Experience Pregnancy"
Glenn Cohen
Deputy Dean and James A. Attwood and Leslie Williams Professor of Law, Harvard Law School. Faculty Director, Petrie-Flom Center for Health Law Policy, Biotechnology & Bioethics.

I thank Vrushab Gowda and Jessica Cianci for excellent research assistance pertinent to this article. I thank Alex Chen, participants at the University of Miami’s Legal Theory Workshop, and participants in the Forum’s symposium for their comments.

In December of 2017, the first birth from a uterus transplant in America occurred in Dallas, Texas. This article's focus is to compare uterus transplants to other ways to achieve parenthood, to evaluate what kinds of rights claims those who seek to use uterus transplants are making against the state and offer some tentative thoughts on how those claims should be treated.

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The Body
Managing and Monitoring the Menopausal Body
Naomi R. Cahn
Justice Anthony M. Kennedy Distinguished Professor of Law, the Nancy L. Buc ’69 Research Professor in Democracy and Equity, and Director of the Family Law Center at the University of Virginia School of Law.
Bridget J. Crawford
University Distinguished Professor and Professor of Law at the Elisabeth Haub School of Law at Pace University.
Emily Gold Waldman
Professor of Law and the Associate Dean for Faculty Development at the Elisabeth Haub School of Law at Pace University.

The co-authors have written three articles exploring different aspects of menopause and the law. To reflect the collaborative effort, each article adopts a different position for the three coauthors’ names. The other two articles are Bridget J. Crawford, Emily Gold Waldman & Naomi R. Cahn, Working Through Menopause, 99  Wash. U. L. Rev. 1531 (2022) and Emily Gold Waldman, Naomi R. Cahn & Bridget J. Crawford, Contextualizing Menopause in the Law, 45 Harv. J. L. & Gender (2022).

This Essay explores how menopausal bodies are managed and monitored in contemporary U.S. culture. The focus is on two distinct aspects of that management and monitoring: menopausal hormone therapy (MHT) and the burgeoning market for technology-driven menopause products and services.

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The Body
Black Masculinity and the Government
Paul Butler
Albert Brick Professor in Law at Georgetown University Law Center

This essay was presented as a work in progress at the University of Arkansas School of Law, Georgetown University Law Center, and Pepperdine Caruso School of Law. I thank the participants in those sessions. Special shout out to Chris Gordon and K-Sue Park. Chibunkem Ezenekwe, Aubrianna Mierow, and Torrell Mills provided exemplary research assistance. Much respect to Timothy Kowalczyk and Kristen Powell, the student editors of a law professor’s dreams.

Black male bodies have long been the subject of special attention from the state. This essay focuses on two government interventions in Black masculinity, dating from the 1960s, and their continuing consequences—including for the criminal justice system, and race and gender justice.