By Elinor Aspegren (PZ ’20) Former Associate Justice of the Supreme Court John Paul Stevens published an op-ed in the New York Times on March 27, 2018, arguing for the repeal of the Second Amendment. Stevens was appointed by Gerald Ford in 1975 and quickly became a liberal stalwart until his retirement in 2010. The Second Amendment provides for, in exact words, “a well regulated militia...
A Citizenship Question on the U.S. Census: Politics or Policy?
By Bryce Wachtell (PO ’21) The Trump Administration recently proposed the inclusion of a citizenship question in the decennial U.S. census, a move that sparked swift backlash and lawsuits in at least twelve states including California and New York. Though the administration’s decision has been swept up in a hurricane of zealous partisanship, the legal bedrock of arguments for and against the...
Extreme Gerrymandering in Pennsylvania: a Constitutional Crisis
By Jenna Lewinstein (SC ’19) Lost among a myriad of stories revolving around the executive office and Congress, Pennsylvania is in the midst of a constitutional crisis that has major implications on all levels of government. Gerrymandering, the act of manipulating congressional district maps to a partisan advantage through means like “packing and cracking” voters of particular demographics...
Reconsidering Definitions of Terrorism: Putting the Spotlight on States and Impact
By Kate Lambroza (Georgetown University ’18), Guest Contributor Graphic Design by Gabriella Mas (Georgetown University ’18) Introduction Defining terrorism plagues organizations, agencies, and states alike. While terrorism dates back to the French revolution, the new tactics of international terrorist organizations have forced definitions to be modified. The problem with...
Freedom of Speech and LGBTQ Civil Rights
By Bryce Wachtell (PO ’21) Last December, the Supreme Court heard oral arguments in Masterpiece Cakeshop, Ltd. v Colorado Civil Rights Commission, a case that has regularly made headlines for its potentially widespread impact on the strength of LGBTQ civil rights law. While many view this case as a landmark for religious liberty, the defendant’s primary arguments revolve around the freedom a...
The Power to Prevent Sports Betting: Christie v. NCAA
Dina Rosin (CMC ’20) After the 2016 Super Bowl, CBS aired a live version of The Late Show with Stephen Colbert. There was a surprise appearance by then-President Obama, where he mentioned that after every Super Bowl he calls the winning team, and sometimes the losing team. “Especially if I bet on them,” he added. Colbert replied, “But Mr. President, betting is illegal,” to which Obama...
A Review of Birchfield v. North Dakota
Allie Carter (CMC ’19) Birchfield v. North Dakota (2016) raised the question of the constitutionality of police testing of the blood alcohol concentration of drivers. The Court focused on whether states can criminalize an individual’s refusal to submit to a blood alcohol or breathalyzer test. Ultimately, the Supreme Court came to the conclusion that, under the protection of the Fourth...
AI and Legal Personhood
Blake Plante (PO ‘18) In March 2016, an artificial intelligence named Sophia—now a citizen of Saudi Arabia—was jokingly asked “do you want to destroy humans?” She responded, “Ok. I will destroy humans.” This does not mean that Sophia has an agenda to exterminate humanity; rather, it is indicative that Sophia is not aware of what she is saying. Sophia does not have consciousness, though her...
One Person, One Vote
Dina Rosin (CMC ’20) When America’s founding fathers declared independence from Great Britain, they wrote that “all men are created equal,” and thus, all deserved a vote. Throughout U.S. history, voter eligibility has gradually expanded. The Fourteenth Amendment to the Constitution, passed in 1868, granted equal protection of the law, which allowed for non-white men over 21 to vote. The...
The Interplay Between Civil and Criminal Law in Relation to Sports Law in the United States
By: Aman Rastogi, Jindal Global Law School (India) Introduction Imagine while watching the 2017 NBA finals game between the Golden State Warriors and Cleveland Cavaliers, Kevin Durant in the middle of the game punches Lebron James. This conduct is unsportsmanlike, but how will Kevin Durant be punished? An act that is performed while participating in a sport can be subject to either civil law or...