Anti-mask laws ban the wearing of masks in public. Popularly understood to prevent Klan activity, these laws are often vague, with a history of selective enforcement. They also clash with the exhortations to wear personal protective equipment to prevent the spread of COVID-19, which by summer of 2020 was encouraged by all states and required by many…

This Essay will connect the persistent strategies, logics, and identities created by settler colonialism to the disparate health impacts of COVID-19 in Indigenous, Black, and immigrant of color communities in the United States. By offering a framework that uncovers the root causes of ongoing patterns of systemic oppression, this Essay hopes to inspire reform efforts that seek to…

But, in 2020, lawyers cannot afford to buy the myth that trauma is an aberration in the profession of otherwise Teflon-coated lawyering machines. Negotiating trauma is perhaps as old as the profession, even though we may have never given that emotional labor nomenclature or visibility, to our detriment…

Courts around the country have adapted to the reality of socially distanced litigation, allowing virtual hearings and even trials to take place over the Internet. This infrastructure will outlast COVID-19 and will minimize the burden of traveling for litigation. In the face of these changes, the JPML should accordingly limit the importance of geographic centrality when choosing a forum for multidistrict litigation…

But in other cases, textualists proceed as if legal texts have an ordinary meaning even when they do not. Judges see a rabbit, or a duck, when other reasonable readers see a duck, or a rabbit. Such judges are “seeing as.” Nonetheless, they insist that they are “seeing that.” They do not think, do not know, and might not even believe, that “someone else could have said of [them]: ‘He is seeing the figure as a…