CategoryConstitutional Law

Limits on the First Amendment: Doctors and Free Speech

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Mattie Bono (SCR ’19) In the past few years, courts have begun to address vital questions regarding the First Amendment. Does the First Amendment protect every citizen in every capacity, or are there restrictions concerning professional spaces and spheres? Recently, questions have been raised regarding restrictions on a doctor’s free speech. Do doctors have the same right to free speech in...

James Comey’s Testimony and the Nonpartisan Role of the FBI

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Dina Rosin (CMC ’20) On March 20, 2017, James Comey, Director of the FBI, testified before the House Intelligence Committee. Comey reported that the FBI was investigating the tie between the Trump Campaign and Moscow in the 2016 election. He claimed that Russian President Vladimir Putin clearly favored Trump over his opponent Hillary Clinton and that it is unclear if any crimes were...

Gun Control: From Australia to the United States

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Dina Rosin (CMC ’20) The Second Amendment of the Constitution of the United States of America states that “the right of the people to keep and bear arms shall not be infringed.” Since 1789, the right for an individual to possess a gun has generally been upheld by the Supreme Court. In 2008, the landmark Supreme Court case District of Columbia v. Heller overturned a ban on handguns in D.C...

Interview with Judge Dhanidina Part I: Dissent and Diversity in the California Courtroom

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The Honorable Halim Dhanidina is a Los Angeles County Superior Court Judge, currently assigned to hear criminal cases in the Long Beach Superior Court. A Pomona College and UCLA School of Law graduate, Judge Dhanidina is the first Muslim judge appointed in California. As a Judge, he is known for promoting diversity in the court system and criticizing the sting operations by the LBPD that targeted...

Gorsuch and the Chevron Deference

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Lindsey Mattila (CMC ’17) In 1984, the Supreme Court established one of the most influential principles in administrative law in the Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. A few years prior, Congress passed the Clean Air Act, requiring states that had not yet met the lower pollution rate to use a permit system for more intensive regulation. The Environmental...

Trump’s Justice Department and Voter Identification Laws

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Dina Rosin (CMC ’20) Over the last decade, voter identification (ID) laws have been an increasing factor in American electoral politics. By some, voter identification laws are seen as an essential safeguard against voter fraud. Others contend that the laws function mostly to limit the ability of low-income and minority voters to vote by limiting accessibility to the polls. The issue has re...

Dissent, Diversity, Education: What Constitutes Democracy for the First Muslim Judge in California  

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  On February 15, the Claremont Journal of Law and Public Policy (CJLPP) hosted Los Angeles Superior Court Judge Halim Dhanidina (PO ‘94), the first Muslim judge to be appointed in the state of California. Amidst a political moment fraught with grassroots mobilization against the Trump administration, Dhanidina emphasized the crucial role that dissent plays in American democracy at large...

Executive Orders and Judicial Challenges

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Dina Rosin (CMC ’20) With the recent shift in leadership from Barack Obama to Donald Trump, many observers have expressed concern about President Trump’s issuance of a number of executive orders.  However, neither the existence nor the proliferation of Trump’s executive orders are out of the ordinary among past presidents. While the notion of executive orders conjures a vision of government...

Trump’s Gag Orders

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  By Lindsey Mattila (CMC ’17) On January 25th, reports emerged from employees at the Environmental Protection Agency (EPA), Human and Health Services, and Department of Agriculture that the Trump administration had enforced rules that would limit their communication and research. The days that followed were filled with uproar as environmental, health, and agriculture advocates worried...

An Originalist Approach to the War Powers of Congress and the Executive

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On January 20, 2017, Donald J. Trump was sworn in as the 45th President of the United States. Trump’s election to the Presidency is unique for several reasons; chief among them that he is the first President in American history never to have held public office or commanded an army prior to his inauguration. Nevertheless, President Trump has strong views on foreign policy, and has made several...

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