Category: General Posts

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 Court’s forthcoming decision could have on Fourth Amendment privacy protections and the scope of officers’ 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.

From Science to Politics: How Staffing Cuts, Deregulation, and the Rise of Political Influence Weakened the Structural Integrity of the FDA

Devin Scarborough examines the recent structural, regulatory, and political changes in the Food and Drug Administration brought on by the second term of the Trump administration. She argues that the Trump administration’s modifications have substantially weakened the FDA’s ability to protect the health of the American public by diminishing its ability to conduct sufficient research and implement necessary protections. She further analyzes the rising levels of foodborne illnesses that have coincided with FDA staffing cuts and decreases in food safety oversight, along with the increased risks associated with drug deregulation and political pressures within the agency. Ultimately, she concludes that the FDA’s institutional integrity and its ability to protect public health will continue to erode unless substantial corrective measures are taken.

Is Luxury Exclusivity Illegal? Hermès Birkin Bag and the Alleged Tying Arrangement

Brookelynn Stone examines Cavalleri v. Hermès International, a case challenging Hermès’ sales practices as an unlawful tying arrangement in violation of the Sherman Act. She analyzes the plaintiffs’ allegations and the district court’s reasoning for dismissal, and evaluates the potential implications of a Ninth Circuit reversal for antitrust treatment of luxury markets, while also considering what additional facts could have strengthened the plaintiffs’ claims to better support their antitrust theories beyond mere speculation.

All is Unfair in International Trade and War: How China’s Unlawful Export Policy on Rare Earth Metals Forced the Trump Administration into a Fragile Ceasefire

Abriana Malfatti analyzes the ongoing trade war between the United States and China, arguing that China’s licensing restrictions on rare earth metals violate the Most Favored Nations Principle (“MFN”) of the General Agreement on Tariffs and Trade (“GATT”). She explains how this unlawful policy allowed China to leverage a favorable trade deal with the Trump administration. She warns that the new trade deal is not a solution to the trade war, and China will likely continue to use rare earth metals against the United States in the future.

The Sound of Silence: How Congressional Acquiescence is Expanding Independent Presidential War Powers

Emmy Blane examines the constitutional doctrines governing the Separation of Powers and analyzes Presidential and Congressional war powers. This Article applies the War Power doctrines to the ongoing U.S. military airstrikes on vessels in the Caribbean Sea and Pacific Ocean and argues that Congress’s failure to pass a resolution calling for the termination of the airstrikes significantly expands unilateral presidential war powers.

The Evolution of Antitrust Law in A Digital Market: A Comprehensive Analysis of the Ticketmaster Lawsuit

Leah Luckett analyzes the current lawsuit between the Federal Trade Commission and Ticketmaster through the eyes of antitrust law in a quickly evolving digital market. She considers the potential impact of the lawsuit on not only the ticketing industry but other digital markets, ultimately deciding there may need to be more consumer protection and regulation in a highly digital economy.

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