Carter is a Bloomberg Opinion columnist. He is a professor of law at Yale University and was a clerk to U.S. Supreme Court Justice Thurgood Marshall. His novels include "The Emperor of Ocean Park" and "Back Channel," and his nonfiction includes "Civility" and "Integrity."
December 16, 2020
Here’s a question we’re sure to see in the courts before long: What if your employer mandates a Covid-19 vaccination and you’d rather not take it? President-elect Joe Biden might insist that he has no plans to compel the shots, …
November 25, 2020
Can you be fired from a government job for using a firearm in self-defense? That question arose in a recent decision by the U.S. Court of Appeals for the Seventh Circuit. The answer was … equivocal. Let’s first be clear …
May 7, 2020
Suppose you’re working in an essential industry and your employer hasn’t provided you with adequate personal protective equipment. Maybe you say to yourself, “Okay, there’s a shortage, they’re trying.” Then you discover that just a couple of years ago, your …
December 24, 2019
In this season of giving, nothing says I-waited-until-the-last-minute-and-didn’t-have-time-to-think-seriously-about-what-to-get like a gift card. In both their solid and virtual forms, the cards have become a ubiquitous sign of the holiday season. But does the law require that they be available in …
November 27, 2019
Is it really true that Burger King’s new Impossible Whopper is, as the ads claim, “100% Whopper, 0% beef”? A lawsuit just filed in federal court in Florida insists that the answer is no. The answer matters. The Impossible Whopper, …
January 25, 2019
Oh, but we live in sour times. Next month’s Super Bowl will feature the Most Hated Team in Football against an opponent who got there because of the Worst Call in Playoff History. Of the hatred I have nothing at …
December 16, 2016
Christmas is right around the corner, meaning that the time has come for the usual passel of lawsuits and threats of lawsuits, of bitter division over words and symbols — in short, of all the usual trimmings of the season. …