Blog Articles

Federal Preemption of Local Laws: Implications of the Small Business Administration’s Interim Final Rule on Disaster Relief

Andrew Pyles discusses the new Small Business Administrationโ€™s Interim final rule preempting local laws in California that govern rebuilding after the 2025 Los Angeles wildfires. It analyzes whether, under the Supremacy Clause and the framework articulated in Arizona v. United States, federal agencies are permitted to preempt local land-use laws in the absence of a congressional directive.

When Reporting Becomes a Crime: Newsgathering and Criminal Liability

Mofe Koya examines the arrests of journalists Don Lemon and Georgia Fort in Minneapolis, Minnesota following their controversial coverage of anti-U.S. Immigration and Customs Enforcement protests. She begins by discussing the circumstances surrounding the arrests before turning to an analysis of First Amendment protections for journalists and the essential role of the press in a democratic society. The article concludes by considering the broader implications of the arrests, including the precedent it may set and the policy considerations courts will need to address moving forward.

U.S. Traveler Safety: A Consideration of Freight Broker Liability in the Upcoming Supreme Court case Montgomery v. Caribe Transport II, LLC

Jack Frischen looks at the upcoming Supreme Court case Montgomery v. Caribe Transport II, LLC and the implication it will have on the safety of American roadways. He argues that the Sixth and Ninth Circuit more accurately interpreted the Federal Aviation Administration Authorization Act finding common law negligence lawsuits to fall under its safety exception

Essential Medications and Market Power: Insulin Through an Antitrust Lens

In this article, Katie Bunch examines the structure of the U.S. insulin market through the lens of federal antitrust law, analyzing how market concentration, patent protections, and pharmacy benefit manager rebate arrangements, influence competition for a life-saving medication. She evaluates how enforcement of existing antitrust statutes could address competitive concerns within the pharmaceutical industry and shape the future of antitrust oversight in healthcare markets.

Legislating in the Digital Age: Ohio’s Attempt to Implement Age-Based Restrictions on Access to Social Media Platforms

In this article, Stella Brocker explores a currently blocked Ohio law that would impose age-based restrictions on social media usage, causing such use by minors to be subject to parental consent. She analyzes the constitutional issues implicated by such legislation and considers alternative regulatory strategies for lawmakers that may be better suited to address the harms associated with youth social media use and access.

Rewarding Creativity or Condoning Copyright?

Leah Luckett discusses current AI copyright cases that have been decided or are ongoing. She discusses how the fair use doctrine has shaped copyright law and now is shaping artificial intelligence development. Eventually she concludes authors may not be receiving the protection they deserve.

Case v. Montana: Possible Implications for Privacy Rights and the Emergency Aid Doctrine

Molly McInnis examines Case v. Montana, a pending Supreme Court case that addresses whether officers must have probable cause to enter a home under the Emergecy Aid Doctrine. She discusses the real-word implications the Courtโ€™s forthcoming decision could have on Fourth Amendment privacy protections and the scope of officersโ€™ community-caretaking responsibilities. Ultimately, she argues that the decision will reveal how far the current Court is willing to extend police authority into the home.

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