By DOMINIC SOLARI In recent years, many countries like the Republic of the Philippines have taken legal recourse in response to the People’s Republic of China’s increasingly assertive actions in the South China Sea. In 2013, the Philippines initiated a case against China in the Permanent Court of Arbitration (PCA), alleging that China had violated … Continue reading Gray Area in the Deep Blue: The International Legal Struggle Over the South China Sea
Author: guulr
Abood to Janus: A Transition from Empowerment to Incapacitation
By SARATH NINAN MATHEW & SIDDHARTH SONKAR On June 27, 2018, the Supreme Court of the United States in Janus v. AFSCME, overturned the nearly forty-year-old precedent of Abood v. Detroit Board of Education.[i] Janus invalidated an Illinois law which required ‘non-recognized’ public sector union workers to contribute towards union funds by paying “agency fees.”[ii] The … Continue reading Abood to Janus: A Transition from Empowerment to Incapacitation
When Justice Becomes Unjust: Abolishing the Money Bail System to Create Equality for All
By KELLY GIBNEY Mass incarceration is one of the United States’ systemic problems that need to be addressed. One of the main causes of mass incarceration, especially in New York, is the bail system. The original intent of the bail system was to ensure that defendants showed up to their court dates.[i] A judge requires … Continue reading When Justice Becomes Unjust: Abolishing the Money Bail System to Create Equality for All
Amazon, Antitrust Law, and the Consumer Welfare Standard
By KAARISH MANIAR Early in the year 2000, United States District Judge, Thomas Penfield Jackson, ruled that Microsoft Corporation, in “unlawfully tying its Web browser to its operating system,” behaved in an anticompetitive manner, thereby violating the Sherman Antitrust Act. Later that year, in June, the court ordered Microsoft to break up the two functions … Continue reading Amazon, Antitrust Law, and the Consumer Welfare Standard
Consumer Protections in the New Economy: Antitrust Implications of Ohio v. American Express
By MATTHEW SCHNEIDER The ever-changing economy of the 21st century has transformed the ways Americans work and spend their money. Accordingly, firms in newer technology-driven sectors have become some of the dominant forces in the business world, and have consolidated unprecedented amounts of power in their markets. For example, companies like Google and Amazon have … Continue reading Consumer Protections in the New Economy: Antitrust Implications of Ohio v. American Express
Understanding the Modern Day Slave Trade: Sex Trafficking and the Criminal Justice System in the United States
By CYNTHIA KARNEZIS Sex trafficking constitutes a form of modern day slavery[1] as it denies victims their agency and reduces them to mere object status by shamelessly exploiting their bodies for economic gain[2]. Current laws do not explicitly define “modern slavery”, yet the terminology refers to sex trafficking and other forms of exploitation that a … Continue reading Understanding the Modern Day Slave Trade: Sex Trafficking and the Criminal Justice System in the United States
Modern Challenges of Human Labor Trafficking: David v. Signal International
by MATTHEW BUCKWALD As early as 2004, over 500 men from India were recruited by Signal International LLC, a Gulf Coast marine services company, to work in their New Orleans site on the shore which was still recovering from massive loses during Hurricanes Katrina and Rita. Despite the tragedies of the storm and the dramatic … Continue reading Modern Challenges of Human Labor Trafficking: David v. Signal International
Bodily Ownership in Medical Research: A Nuanced Perspective
By DOMINIC SOLARI Much of modern law in American society is devoted to the protection of property, usually meant to include one’s possessions and one’s own person. However, counterintuitively, there have been court cases where one’s own body, organs, and cells were not considered to be one’s property. One such case is Moore v. … Continue reading Bodily Ownership in Medical Research: A Nuanced Perspective
The Trials of Truancy on Pregnant and Parenting Teens
By KELSEY YUREK (COL'2019) Teen pregnancy and birth rates have declined by one-half since the early 1990s, but the drop-out rates for young mothers are disproportionately high.[1] Teen childbearing continues to cost taxpayers billions of dollars on the local, state, and federal levels each year, and the welfare programs available for mothers necessitate adherence to … Continue reading The Trials of Truancy on Pregnant and Parenting Teens
Political Intrusion in the Judiciary: The Ninth Circuit vs. the President
Matt Schneider The Constitution envisaged the judicial branch of the federal government as a nonpartisan arbiter of the legality of laws passed throughout the land, as a body that superseded the political winds of the time. However, with the advent of sharp political polarization in the last few decades, the judicial branch has often been … Continue reading Political Intrusion in the Judiciary: The Ninth Circuit vs. the President