In this podcast, Professors Steven Calabresi and Andrew Koppelman discuss the legacy of Justice Antonin Scalia with NULR Senior Online Editor Matthew Monahan.
In this podcast, Peter R. Dubrowski discusses The Ferguson v. JONAH Verdict and a Path Towards National Cessation of Gay-to-Straight "Conversion Therapy" with NULR Online Articles Editor Leah Rizkallah.
In this podcast, Professor Monu Bedi discusses The Curious Case of Cell Phone Location Data: Fourth Amendment Doctrine Mashup with NULR Online Articles Editor Carlo Felizardo.
In the essay, Dubrowski analyzes Ferguson v. JONAH, a landmark 2015 decision in which a New Jersey court held --- for the first time --- that homosexuality is not a disease or mental disorder as a matter of law. Based on this pretrial ruling, a civil jury unanimously found JONAH (a conversion therapy clinic) its co-directors and its chief counselor liable for violation of New Jersey's Consumer Fraud Act. Dubrowski begins by explaining the two-pronged fraud JONAH perpetrated—first, claiming that homosexuality is a disorder, and second, that it can be cured—and continues by arguing that this two-pronged fraud is necessarily perpetrated by all conversion therapists. He then undertakes a survey of the consumer fraud laws of all fifty states, demonstrating that the verdict against JONAH is replicable across the country, and concluding that those injured by the so-called therapy should seek to replicate Ferguson v. JONAH's success.