The Federal Arbitration Act and Independent Contractors

On October 3, 2018, the Supreme Court will hear oral arguments in a case deciding whether Independent Contractors in the Transportation Sector are exempt from Arbitration Clauses under Section 1 of the Federal Arbitration Act (FAA), a critical question for these workers and the entire economy. Professor Frankel argues that the legislative history of the FAA, and the social policy underlying the Act, strongly suggest that they should be.

What Kind of Judge is Brett Kavanaugh?

Kavanaugh is not your average judge. Compared to his circuit court colleagues, and to other recent Supreme Court Justices, Kavanaugh is an outlier on a range of margins. The Trump Administration, the U.S. Senate, and the American people should reckon with these facts and figures.

The Military Transgender Policy: The Realization of Madison’s Incompatible Powers Narrative

Last summer, President Trump purported to ban all transgender individuals from serving in the military via Twitter: “After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow . . . Transgender individuals to serve in any capacity in the U.S. military.” In August 2017, the President followed his series of tweets with a Presidential Memorandum that formally dismantled President Obama’s framework to permit transgender individuals to serve openly. These restrictions led to a… Read More