Christian Matos | September 2021
The role of the Supreme Court has greatly changed throughout the United States’ political history and today is greatly different from what the framers envisioned for the third branch. The judiciary was initially intended to be a gatekeeper that would prevent the other two branches, executive and legislative, from overstepping their limits. Moreover, the courts were supposed to be insulated from American politics, hence their lifetime appointments, but this is no longer the case.
Nils Peterson | September 2021
Chinese data and cybersecurity laws aim to project and protect Beijing’s power on the international stage. PIPL will create headaches for foreign firms operating within China by forbidding large data transfers outside the country. These companies’ headaches may soon turn into the flu if the CCP deems their data handling to be improper. With such a wide definition of data, it is only a matter of time until
Paul Odu | September 2021
There is an inherent danger in applying old legal doctrines to new technologies, and online speech is no exception. Cursory analyses of speech regulation on digital platforms offer “simple” solutions with sweeping consequences. Yet any attempt to foster greater accountability, transparency, and fairness on the Internet will require a rigorous, multi-faceted approach...
Isabel Schindler | September 2021
Apple has assured the public that CSAM Detection preserves user privacy, but it’s difficult to ignore the hypotheticals. What if the federal government can convince Apple to use this technology for other purposes? What if law enforcement can now gain access to one's personal data unlike before? What if decryption is now possible? It’s hard not to wonder...
THE OPIOID CRISIS
Rachel Bixby | September 2021
Amidst the current global health disaster, Americans continue to fall victim to an epidemic that has spanned more than two decades: the opioid crisis. While this deadly phenomenon is not contagious, its acceleration and hold on the nation would lead one to believe otherwise....
James Suarez | September 2021
Former President Donald Trump’s presidential term may be over, but his legacy will live on for decades in American society. This is ensured by the fact that he was able to appoint three young justices to the highest court of our nation. Such a reality, and the circumstances surrounding the appointments of these justices, has emboldened many to call into question the current practice of life terms...
THE ADMINISTRATIVE STATE
Raj Ashar | August 2021
Despite a clear indication from both the district court and the Supreme Court that its moratorium was unlawful, the CDC extended the moratorium with only minor changes. In the new order, the CDC offers no new legal argument justifying the order’s power...
James Suarez | August 2021
Given these examples of circumstances that led to the potential for court packing, it’s reasonable to ask not whether Court packing is constitutional, but rather whether it should be allowed to occur, and if so, under what circumstances?
Will Sharps | August 2021
The Scottish trial jury varies greatly from the American format in that it is composed of 15 people who each have one vote in determining liability through a strict majority. Scottish jurors may choose between three verdicts in a criminal trial: guilty, not guilty, or “not proven”. These structural differences have significant effects in how jurors view and approach their role...
Emily Johnson | July 2021
Although dissent is healthy at every level of government in a democratic society, there is something particularly salient about a unanimous decision when a controversial issue is at stake. For example, former Chief Justice Earl Warren delayed issuing a ruling on Brown v. Board of Education until he could convince...
Jason Siegelin | July 2021
Yet the flaws in Khan’s analysis lie in how she defines the consumer welfare standard. Indeed, Khan views this standard as “measuring the health of competition primarily through effects on price and output,” advocating for the abandonment of consumer welfare as the primary objective of antitrust enforcement. Throughout her paper, Khan repeatedly labels...
Will Sharps | June 2021
The concept of freedom of speech in the United States carries with it a unique history. The First Amendment, protecting free speech, asserts that Congress does not have the power to create laws which prohibit...
PUBLIC HEALTH LAW
Emily Johnson | June 2021
On May 13th, President Biden issued remarks regarding the nation’s COVID-19 response and vaccination program. One particularly salient line outlined a new national policy for mask-wearing...
Chris Coffey | June 2021
The English philosopher G.K. Chesterton once wrote that “there is a thought that stops thought. That is the only thought that ought to be stopped.” The American tradition of free speech, with some categorical exceptions including sedition and obscenity, has largely adhered...
Jacqueline Hillman | June 2021
Generally speaking, US immigration laws regarding the disabled appear quite judicious. The governing law for immigration of any kind is the Immigration and Nationality Act (INA), which was enacted in 1965. §221(d) of the INA requires the submission of a physical and mental examination prior to issuance of a visa. Unlike the medical examinations...
Thomas Bertron | June 2021
In February 2021, Rudy Giuliani was sued by Dominion Voting Systems for defamation. The lawsuit stems from the fact that Giuliani accused the company of switching votes that he claimed former President Donald Trump had earned in his 2020 presidential race against Joe Biden. Due to the repeated allegations...
Christian Matos | May 2021
On the heels of passing a massive $1.9 trillion COVID-19 relief package and the announcement of a new infrastructure plan to help the US “Build Back,” President Joe Biden and his administration are setting their sights on another policy objective: gun control legislation. For several years now, major gun control legislation has been...
Will Sharps | May 2021
While each type of COVID-19 fraud is unique in its own way, they share the same goal: to profit off of the programs, sponsored by taxpayer dollars, intended to keep our economy afloat as it experiences significant difficulties. The action being taken by the DOJ...
LAW AND IDENTITY
Emma Reilly | May 2021
It is doubtless that individuals from the Middle East and North Africa living in the US have had a strained relationship with the government. In the aftermath of the attacks of September 11th, which have become infamous in the American consciousness, there has been
Thomas Bertron | May 2021
This past March, the Supreme Court of Minnesota issued a ruling in the case of State of Minnesota v. Francis Momolu Khalil that overturned a felony conviction in the case of an intoxicated woman who had been raped. This ruling upset many, as it...
Emily Johnson | May 2021
On December 2, 2015, Syed Rizwan Farook and Tashfeen Malik opened fire at a holiday party in San Bernardino. Fourteen people lost their lives and 22 more were injured before the couple was killed in a shootout with police. The San Bernardino shooting was considered...
Jacqueline Hillman | May 2021
Whenever that little box authorizing the use of our data pops up on a screen, most of us click it without hesitation. In a millisecond, our personal data is legally deposited in a digital archive, able to be accessed at the discretion of whichever...
NATURAL RESOURCES LAW
Emma Reilly | April 2021
This current precedent for the allocation of water rights in the United States is markedly different from what one might call a “human” right which applies to the individual...
Jacqueline Hillman | April 2021
When most of us imagine incarceration, we may think of depictions of prison from popular media like Piper Chapman’s stint in Litchfield Penitentiary in Netflix’s Orange is the New Black. Those of us operating with a bit more pragmatism likely...
CHURCH AND STATE
Emily Johnson | April 2021
Ilya Somin, professor at George Mason University School of Law, summed up the role of the Supreme Court succinctly: “In a world of enormously powerful government, we need an independent check on its power to control our lives. Despite its flaws, the court often serves that role well.” Throughout history...
Will Sharps | April 2021
In July 2020, after seventeen years of not carrying out any executions, the federal government began doing so once again. This practice was resumed at an unforeseen rate, as the Trump administration carried out thirteen federal executions in its final...
Jason Siegelin | March 2021
The life of American constitutional jurisprudence has been, to understate the issue, messy, departing from the codified, scientific view of the law advocated by Christopher Columbus Langdell. This jurisprudence, in influencing the powers...
INTERNATIONAL LAW AND DIPLOMACY
Toby Leah |March 2021
Being British, and having lived in the United States, I’ve always had the relationship between the two nations at the forefront of my mind. Regular conversations about my accent, or the royal family, or even at times...
Jason Siegelin |February 2021
During those twilight days, twilight days when individuals lived like ants beneath the omnipresent shadow of nuclear threat, during those days fear took on a different meaning...
Thomas Bertron|February 2021
Impeachment is the remedy provided in the United States Constitution to address serious offenses by the executive. It is the first step in removing an elected official from office who is suspected of committing an offense worthy of expulsion from office...
Joshua Burg |February 2021
On February 13th, with a vote of 57-43 in the Senate, Donald Trump was acquitted on charges of inciting an insurrection. Various arguments were brought forth by the defense as to why Donald Trump was supposedly blameless for the events of January 6th. However...