By JILLIAN AICHER The historic significance of U.S. libel law—that is, the area of law concerning written or published defamation—can be understood in considering the questioning of free speech in early American laws, such as the Sedition Act of 1798, and in the notable Peter Zenger trial.[i] Supreme Court Justice Clarence Thomas’ February 19th concurring … Continue reading Libel Law—Past and Present
GUULR Blog
Intersectionality and Immigration: How Race, Class, and Gender Play into Debates Surrounding DACA
By KAITLIN HUGHES Immigration has played a controversial role in the American political landscape for decades, especially as the world globalizes and political parties in the U.S. become more divisive. Since the Obama administration’s implementation of the executive order entitled Deferred Action for Childhood Arrivals, or DACA, immigration policy has come to the forefront of … Continue reading Intersectionality and Immigration: How Race, Class, and Gender Play into Debates Surrounding DACA
PRISON GERRYMANDERING AND FELON DISENFRANCHISEMENT: A REPRESENTATION CRISIS
Prison Gerrymandering and Felon Disenfranchisement are the latest evolution of policies and laws designed to prohibit equal representation and limit universal suffrage. Often overlooked, these policies have created a crisis where representation is taken away from communities disproportionately affected by mass incarceration where millions of individuals continue to be categorically denied the right to vote. … Continue reading PRISON GERRYMANDERING AND FELON DISENFRANCHISEMENT: A REPRESENTATION CRISIS
THE RIGHT TO PRIVACY IN THE DIGITAL AGE: CARPENTER V. UNITED STATES
By LÉA NICOLAS Carpenter v. United States, which was decided on June 22, 2018, asked the Supreme Court to address the constitutionality under the Fourth Amendment of the warrantless search and seizure of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days. The Court … Continue reading THE RIGHT TO PRIVACY IN THE DIGITAL AGE: CARPENTER V. UNITED STATES
City of Escondido v. Emmons: A Divided Court Finally Stands United
By DUSTIN HARTUV The case of City of Escondido v. Emmons began in April 2013, when police officers in Escondido, California, received a 911 call about a reported charge of domestic violence.[i] The individuals involved were Maggie Emmons and her husband.[ii] Her husband was arrested but released, and in May of the same year, another … Continue reading City of Escondido v. Emmons: A Divided Court Finally Stands United
Gray Area in the Deep Blue: The International Legal Struggle Over the South China Sea
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
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