Universities have long been understood as spaces for the exchange of ideas and the development of knowledge. To support this mission, the principle of academic freedom emerged as a cornerstone of higher education. One early catalyst was the controversy surrounding Stanford economics professor Edward A. Ross, whose dismissal in 1900 following politically controversial remarks sparked national debate and helped inspire the formation of the American Association for University Professors (AAUP) in 1915. Since then, tenure has functioned as a key safeguard for academic freedom, insulating faculty from retaliation for ideas expressed in their speech, research, or teaching.

Today, however, that protection appears increasingly uncertain. Recent controversies and legislative developments suggest that tenure may no longer provide the level of security that it once did.

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The menopause transition comes up most often in the legal realm in the context of employment discrimination. The workplace is often a hostile place for women who begin to experience symptoms. In 2023, the Mayo Clinic conducted a study of women aged 45 to 60 years, assessing “menopause symptoms, the impact of these symptoms …, the care received for these symptoms, and treatments.” They concluded that the “severity of menopause symptoms strongly predicted the odds of an adverse work outcome.”

Despite the growing body of research on the menopause transition and accompanying discrimination, the law continues to lag behind in its understanding of the subject.

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Many consumers encounter precisely this problem: a service provider explains that they cannot perform work in a particular county because it falls outside their assigned territory. The homeowner is left with only one “authorized” provider – often at a significantly higher price. Territorial exclusivity agreements are common across industries ranging from plumbing and HVAC services to waste management and broadband internet. Although these arrangements are frequently justified as promoting efficiency and encouraging investment, they can also operate as de facto local monopolies that leave consumers without meaningful alternatives. When exclusivity eliminates competition in essential local services, the arrangement begins to resemble the very restraints of trade that antitrust law has historically sought to prevent.

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