Leah Luckett considers current Fourth Amendment jurisprudence and its potential impact on quickly evolving artificial intelligence technology used by law enforcement. She considers different ways the Court could analyze the privacy interests at stake and ultimately concludes legislation could be a better fit for tackling the issue.
The New Age Of Child Labor: Family Influencing And Child Exploitation
In this article, Devin Scarborough examines the rise of family influencing in online platforms and the associated risks it poses to child participants. She contends that existing labor regulations are insufficient to properly address the exploitation of child influencers, despite acknowledging recent, although limited, state legislation. This article advocates for stronger legal protections to safeguard the well-being and overall safety of children featured in online content.
Burning Issues: Potential Viewpoint Discrimination In Trump’s Flag Desecration Order
In this article, Faith Howard examines President Trumpโs recent executive order titled, โProsecuting Burning of the American Flag.โ Ultimately, arguing that, despite the presidentโs assertion that the order aligns with the First Amendment, where it may encounter legal challenges in federal courts concerning the issue of viewpoint discrimination.
“I Thought You Died Alone, A Long Long Time Ago”: Can States Prevent The Dead From Being Commodified?
In this article, Abriana Malfatti explores the current law on postmortem rights to publicity and argues how State law can protect oneโs image from being commodified in death.
Proselytize or Pay: Religious Exemptions in Catholic Charities v. Wisconsin
In this article, Maria Tobergte analyzes Catholic Charities v. Wisconsin, a case addressing whether a religiously affiliated organization can claim an exemption from Wisconsinโs unemployment tax program on the grounds that it operates primarily for religious purposes. She assesses the outcome of the case and argues the most principled way to determine eligibility for such exemptions is to evaluate how an organizationโs activities reflect its sincerely held religious beliefs, not whether the organizationโs activities align with the stateโs definition of typical religious behavior.
Buck v. Bell in the Aftermath of Dobbs v. Jackson: The Supreme Court’s Opportunity to Correct a Hundred-Year-Old Injustice
In this article, Collin Derrig examines the constitutional violations and lies at the heart of Buck v. Bell (1927) in light of the test for overturning articulated by Justice Alito in Dobbs v. Jackson (2022). The article argues that Dobbs presents an opportunity to rectify one of the greatest injustices in the history of the Supreme Court.
Humphreyโsย Execution? Whetherย Humphreyโs Executorย is Slated for the Supreme Courtโs Chopping Block
In this article, Autumn Christafore discusses Wilcox v. Trump and its implications for Humphreyโs Executor v. United States if it reaches the Supreme Court. She then explores the effects of overturning Humphreyโs Executor on the administrative state.
A Lyrical Battle Turned Legal: Drakeโs Odds of Success in his Defamation Suit over Kendrick Lamarโs โNot Like Usโ
In this article, Maria Tobergte examines Drakeโs lawsuit against the producer of the song โNot Like Usโ for its allegedly defamatory lyrics. She concludes that Drake is unlikely to succeed, as the lyrics are more likely hyperbolic rhetoric rather than factual statements.
Data, Democracy, and DOGE: The Privacy Act of 1974 and the Legal Battle Over DOGEโs Access to Personal Information
In this article, Katerina Fernandez examines how the legal challenges against the Department of Government Efficiencyโs (DOGE) access to federal data test the limits of the Privacy Act of 1974 and executive power. The article explores the lawsuits filed against the DOGE and analyzes whether the Privacy Act can effectively restrict government agencies from sharing sensitive data.
Keeping Sovereign Immunity (Kind of) Simple: Why Courts Should Apply the United States v. Georgia Test Strictly
In this article, JT DeGrinney discusses a recent circuit split between the Ninth Circuit and the First, Third, Fifth, and Tenth Circuits regarding how to apply the United States v. Georgia sovereign immunity abrogation test. DeGrinney argues that courts should reject the Ninth Circuitโs approach in favor of the Tenth Circuitโs approach because it promotes efficiency and proper use of judicial discretion.
