Kate Brewer discusses the Fourteenth Amendment Equal Protection and Due Process implications of legislative bans on gender-affirming care for transgender minors in light of recent conflicting judicial decisions.
A Network of Lies: Dominion Voting System’s Defamation Case Against Fox News
In this article, Sarah Jana discusses Dominion Voting Systems’ defamation case against Fox News and explains why it is likely to be one of the few defamation cases against a news corporation that results in a win for the plaintiff.
Sanctionable Conduct: Is OFAC’s 50% Rule Constitutional?
James Hardman discusses the U.S. government’s sweeping international sanctions rules, whether their application is constitutional, and what might be done to resolve the problem of using a regulatory grenade where a scalpel would do.
How to Tame an Unruly Government: Why the Supreme Court Must Reinvigorate the Nondelegation Doctrine
In this article, Grant Williams discusses the history of the nondelegation doctrine and intelligible principle. The article explores the perpetual commingling of powers amongst the different branches of government and argues that the nondelegation doctrine must be invoked to prevent the creeping tyranny.
The Abrogation of Affirmative Action in College Admissions
In this article, Grant Williams discusses the future of affirmative action on college campuses in wake of two Supreme Court cases that question its constitutionality. He postulates the use of affirmative action violates the Equal Protection Clause and calls on universities to focus on other means of achieving diversity through the non-innate characteristics of applicants.
Having the “Right” Name: Examining the Eleventh Circuit’s Decision Concerning Detention of Arrestees Based on Mistaken Identity
In this article, Associate Member Kathyrn McIlroy discusses the circuit split on the rights of an individual detained under a valid arrest warrant based on mistaken identity, and ultimately advocates for greater protections for such individuals.
On the Hook: Jury’s Hefty Defamation Award Against Alex Jones
In this article, Hailey Martin discusses the infamous Alex Jones and his recent defamation suit where the jury awarded plaintiffs nearly $1 billion in damages. The article explores the lack of a deterrent effect excessive damages has on unremorseful plaintiffs and argues that criminal defamation punishments in combination with civil damages may be more deterrent and fairer in affording justice.
Have We Met Before — When the Right to Counsel Meets Jury Sentencing
In this article, guest contributor Joseph Sobecki analyzes the impact of jury sentencing on the Sixth Amendment right to counsel in misdemeanor criminal cases.
Unconstitutional Room Scans? The Fourth Amendment in the Digital Age
In this article, Hailey Martin discusses the recent district court decision in Ogletree v. Cleveland State University, holding that the Fourth Amendment protects students from unreasonable video searches of their homes before taking a remote test as well as the effects the COVID-19 pandemic has on invasion of home and privacy rights.
Can Mother Nature Hurdle the Tall “Standing” Precedent of the U.S. Supreme Court?: The Need for Personhood Status of Environmental Entities
In this article, Thomas Kemmet analyzes the current standing doctrine in the United States and its impact on the environment and compares how other nations grant personhood to natural entities for environmental protection.