The Second Watergate? Presidential Power and the Criminal Prosecution of the Chief Executive

By Neil Banerji (Knox College) In February 2017, President Donald J. Trump’s request to then FBI director James Comey that he prematurely end the investigation of the national security advisor, Michael Flynn, has led to suspicions that the president may have committed an obstruction of justice. In response, the Department of Justice appointed another former…

President Trump’s Conflict of Interest and the Original Meaning of the Emoluments Clause

By Neil Banerji (Knox College) In light of heated public debate, popular opinion is divided as to whether President Donald J. Trump retaining ownership of his various corporations upon assuming office violates the Constitution’s Emoluments Clause. Law professors, state attorney generals, and Democratic legislators alike have enthusiastically filed major lawsuits against President Trump alleging that…

California State Right-to-Try: Unconstitutional Legislation that Endangers Public Health

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,…