Faculty Publications Display

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Attendees Listen to Remarks

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Malveaux, Miller, and Evans

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Introductory Remarks - Christensen

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The “Dire Plight” Contextualized: Comment on “The Fiction of Equitable Distribution: Military Divorce, Disability, and the ‘Dire Plight’ of the Former Military Spouse” by Zoe Speas

For forty years, military spouses have sacrificed their economic security and personal well-being to support their servicemember spouse’s military career, only to be thrust into a “dire plight” if their marriage ends in a community property state. The legislative policy that put them in this untenable position has not served federal interests: the military currently faces a recruiting crisis and military spouses’ economic security has not improved since the USFSPA. It is time for Congress and the DoD to reexamine the incentives and benefits provided to servicemembers and their families. Congress and the Court must end the USFSPA’s groundless, inequitable, and inconsistently applied legacy by focusing on making it easier and more appealing to live as a military family. Doing so will serve the “clear and substantial” interests of the military to recruit, retain, and retire a strong military while also improving outcomes for military families. This is a rare opportunity for Congress to be pro-military, pro-women, and pro-family

Legalist Realism

This essay explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of legalist realism. Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and activate accountability. Hence, her work roots in realism at the same time. This appears in her work exploring how the International Criminal Court should speak to the United States, so as to create reciprocity in which the United States might support the Court

Home—The Final Frontier: Why Privacy Means Protecting Workers\u27 Rights to Time and Space

This article critiques the failure of current privacy frameworks to protect workers—especially teleworkers—from the growing encroachment of employer surveillance into their homes. It argues that prevailing privacy regimes, including notice-and-choice models and the GDPR, inadequately address the systemic power asymmetries in the employment relationship, often enabling rather than restricting invasive monitoring. Drawing from labor law traditions, the authors propose a rights-centered framework that views time and space as essential for human dignity and autonomy. They call for a non-negotiable floor of protections, including surveillance-free periods, bans on data commodification, and the establishment of an enforcement inspectorate. By reframing privacy not as a transactional good but as a fundamental labor right, the article advocates for pragmatic legal reforms that counteract the exploitation of home-based workers in a data-driven economy

Introductory Remarks - Wilson

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Faculty Publications Display

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