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...
By Isaac Cui (PO ‘20), Senior Editor Introduction On February 10, Daniel Ramirez Medina was taken by the Immigration and Customs Enforcement (ICE) and placed in detention to await deportation proceedings. Having come to the United States at the age of seven, the 24-year-old registered under the Deferred Action for Childhood Arrivals (DACA) program.[1] DACA gives selected unauthorized migrants[2]...
Allie Carter (CMC ’19) India’s Supreme Court asserted privacy as a basic right in August of 2017, formally joining the United States, Canada, South Africa, the European Union, and the United Kingdom in doing so. While privacy as a right does not have an explicit definition, it has generally initially applied to data protection and eventually incorporated the disclosure personal information...
By James Dail (CMC ’20) On October 3rd, the Supreme Court heard oral arguments in the case Gill v. Whitford. At stake is whether Wisconsin state legislators acted unconstitutionally by apportioning legislative districts to favor Republicans, thus diluting the effectiveness of votes for Democrats. If the Court rules that the legislators did act unconstitutionally, the implications for the U...
Dina Rosin (CMC ’20) On October 2, 2017, Sessions v. Dimaya was argued in front of the Supreme Court of the United States. The case involves the rights of non-citizens to invoke the Vagueness Doctrine to challenge immigration policy within the U.S. court system. The decision of the Supreme Court will help determine what constitutional rights are afforded to legal non-citizens residing...
Dina Rosin (CMC ’20) Is baking a cake an act of “speech”? This question is at the heart of the case Masterpiece Cakeshop v. Colorado Civil Rights Commission which will be heard by the Supreme Court of the United States in the fall of 2017. In this case, the Supreme Court will have to decide whether refusing to bake a cake on the basis of religious beliefs is a protected right under the...
By Hallel Yadin, Rutgers University-New Brunswick ‘19 While many Americans have accepted a degree of surveillance—the monitoring of citizens in their everyday lives, whether or not they warrant suspicion—in their daily lives, transgender citizens are subject to different degrees of surveillance than non-transgender Americans. This paper will explore four different ways trans people are...
By Helen Guo (PO ’20) In recent years, “right-to-try” laws, which aim to grant terminally-ill patients access to experimental drugs or devices, have become a contentious policy issue and have gained speed throughout the U.S. In the latter months of 2014 alone, five states—olorado, Louisiana, Michigan, Missouri, and Arizona—passed right-to-try legislation.[1] As of September 2016, California has...
By James McIntyre (PO ’19), Staff Writer John Yoo, a law professor at the University of California Berkeley and former Justice Department attorney, specializes in constitutional law. On April 13th 2017, Yoo discussed war powers during his talk at Claremont McKenna College. He is the author of countless articles and books, including his upcoming book Embracing the Machines: Robots, Cyber...
By Connor Kridle, Chapman University ’18 Introduction Much ink has been spilled over the struggle for voting rights in America.[1] This struggle was, and remains, long and hard fought – from the Reconstruction Amendments[2] and the largely failed Civil Rights Legislation[3] that followed in the wake of the Civil War, to the Civil Rights Act of 1964[4] and the Voting Rights Act...
