The Columbia Undergraduate Law Review (CULR) is Columbia University's premier undergraduate legal publication. CULR publishes long-form pieces by undergraduate students from across the globe in its print journal as well as original pieces by Columbia and Barnard undergraduates in its online journal and its roundtable, current events, and podcasting initiatives.
The goal of CULR is to provide Columbia University and the public with opportunities for the discussion of law-related ideas and the publication of undergraduate legal scholarship.
Latest Print Journal
Volume XX Issue III: Summer 2024
Featured Articles from our Online Division
What obligations does a country under war have to democracy? The question remains unanswered for Ukraine. In the case of Ukraine’s 2024 presidential election, the impact of martial law on the democratic process is particularly ambiguous. Currently, Ukraine is an aspiring liberal democracy; however, this contentious position depends on Ukraine’s commitment to upholding the democratic values of its peers. In its attempts to join international institutions such as the European Union (EU) and the North Atlantic Treaty Organization (NATO), Ukraine has strived to demonstrate its increasingly democratic governing mechanisms. However, after the escalation of the Russo-Ukrainian War in 2022, the Ukrainian government instituted martial law, which continues to present a dilemma for the Ukrainian people. Despite their understanding that wartime actions require increased legal flexibility, Ukrainian citizens are also entitled to democratic norms and privileges. Accordingly, Ukraine has a legal imperative to hold its 2024 presidential election because the cancellation of its election violates several international covenants and treaties and violates its own martial law due to the unlawful seizure of power.
Historically, the sunshine state has been America’s hotspot for beach-goers and citrus farmers, and now, adding to that list is a new accolade—the epicenter of America’s book ban craze. In 2023, nearly two thousand, seven hundred titles were targeted for restriction or removal in the state, almost double the state with the second-most challenges. The frequency of these bans is likely due to the ease of the removal process which was enacted and implemented by the Florida Senate’s House Bill 1069 (HB 1069). However, it seems some parents are resisting the censorship craze. In June 2024, three Florida parents filed a lawsuit in federal court against the Florida Board of Education. The plaintiffs allege that the State Review Process instituted by HB 1069 violates the First Amendment ban on viewpoint discrimination. These plaintiffs face opposition from state politicians and parent groups, both of which utilize the diction of ‘parental rights’ to establish a basis for their involvement in regulating student curricula. Such uses of ‘parental rights’ usually refer to a nebulous set of rights not defined in any legal context.
“Girlhood” is the decisive period of a young woman’s life in which she learns about her beliefs, the world around her, and most importantly, herself. For many young girls, this phase is propelled by having social experiences, developing familial relationships, and obtaining a consistent education to be properly equipped for the next chapter of their lives. Whether a young girl decides to pursue motherhood or search for an occupation or both, education is a crucial factor in a girl’s development. In Mozambique, going to school is a milestone for many girls and young women due to the social barriers that prevent them from regularly attending school, if at all. Since the country holds the fifth highest rate of child marriage in the world and the highest rate of child pregnancy in East and Southern Africa, many young women are forced to sacrifice their education to raise their family. In failing to provide safe, accessible education to its youth population, particularly its young women, Mozambique has violated the Convention on the Rights of the Child. While the country has attempted to alleviate these obstacles through signing treaties, declarations, and reincorporating alternative policies, these challenges have persisted and further hindered girls’ access to education.
In August 2017, a team of scientists at the Oregon Health & Science University (OHSU) successfully edited the DNA of a human embryo using CRISPR-Cas9, repairing a genetic defect that causes a debilitating disease. The excitement in the room was palpable as they witnessed a historic moment that could change the future of medicine. However, as they celebrated this scientific breakthrough, ethical questions loomed large. What if this powerful tool were used to create so-called “designer babies” or to enhance physical or cognitive traits? Who would regulate such profound capabilities?
In June 2022, the United States Supreme Court decided on the case Dobbs v. Jackson Women’s Health Organization, ruling the United States Constitution does not guarantee women the right to an abortion. This landmark holding overturned decades worth of precedent set by Roe v. Wade (1973). Citing the Due Process Clause of the 14th Amendment, the court in Roe recognized a woman’s right to terminate her pregnancy with different standards of availability depending on the trimester. The Court decided Dobbs with a six-to-three vote, six conservative justices in the majority and the remaining three justices fervently dissenting. The decision returned the question of abortion accessibility to the states.
The digital age fosters ingenious yet unprecedented developments, such as using generative AI to streamline typical human resource processes. More companies are using generative AI to source and select candidates, assess current employees, and determine layoffs. However, under the guise of great efficiency and innovation lies an even greater ethical and legal problem: the use of AI technology to hire, assess, and fire employees creates a system that violates workplace anti-discrimination laws, negatively impacting minority groups.
Artificial Intelligence (AI) is poised to be the next major battleground for antitrust law, and the industry’s unprecedented expansion and high economic concentration pose a unique challenge to existing legal frameworks worldwide. The European Union (EU) stands out as a leader in the regulation of the digital economy, having already passed legislation that limits “gatekeeper” corporations (large digital platforms that provide core services like web browsing) in the form of the Digital Markets Act and bringing numerous suits against Big Tech companies for anticompetitive behavior.
In the past few months, a new tough-on-crime approach to justice has led Louisiana to pass legislation eliminating parole and resuming electric-chair executions — which have not been used since the state moved to lethal injections in 1991 — but in June, the state enacted a new law that threatens to set ethical standards of criminal justice back centuries. As of August 1, 2024, Louisiana is the first state to allow surgical castration as a punishment for sex crimes.
In the rapidly evolving realm of technology, generative Artificial Intelligence (AI) stands out as a revolutionary force, fundamentally altering industries and redefining our understanding of creativity. However, As AI experiences rapid growth and exerts a profound influence across various sectors, legal questions surrounding the patentability of AI-generated works have come to the forefront. This explosion in AI’s creative capabilities comes with a legal conundrum: can AI-generated art and ideas be subject to patent protection?
As of January 2024, the United States government formally recognizes five hundred and seventy four Native American tribes. While this may appear to be an insignificant, bureaucratic tally, federal recognition is actually quite important: in obtaining it, tribes become eligible for specialized benefits and an elevated degree of autonomy. As such, given the coveted nature of these privileges, it should come as no surprise that indigenous communities are in constant legal competition to secure them. In fact, in recent years, nearly every Supreme Court docket in recent memory has included at least one indigenous-related case. Most recently, the Court heard arguments in Arizona v Navajo Nation (2023), which dealt with the United States’ obligation to provide water to the Navajo tribe.
Following the publicized police murders of George Floyd, Breonna Taylor, and other Black Americans, there was a nationwide resurgence of Black Lives Matter protests in the summer of 2020. As community members organized marches and other forms of civil disobedience on social media, notably X (formerly known as Twitter), organizers grew concerned that law enforcement officers were using X as a medium to collect information on these protests. Specifically, they claimed that the information would be used in order to arrest participants or quell protests via social media surveillance. Surveillance is “the act of observing another in order to gather evidence” and is a frequent method used by law enforcement to gather evidence for an investigation. With the fears of covert surveillance via social media, Black American community members are now concerned about their privacy rights when engaging in protest, assembly, and expression–acts protected by the First Amendment. Law enforcement’s utilization of X and digital data from other social media sites as a form of surveillance should be considered a violation of the Fourth Amendment’s right to privacy of protestors.
When adopting their new constitution in 2008, Ecuador became the first country to recognize the legal personhood of nature, or Pachamama. Specifically, Chapter 7 “Rights of Nature” ensures the “maintenance and regeneration of [nature’s] life cycles, structure, functions and evolutionary processes” and calls for “[a]ll persons, communities, peoples and nations” to protect this right. This clause in the Constitution has provided a legal pathhood for the conservation of nature; theoretically, any person can act as a representative of Ecuador’s environment and file a lawsuit to prevent the harmful degradation of a specific body or region.
Since the release of ChatGPT on November 30, 2022, classrooms and workplaces have been revolutionized by the widespread adoption of artificial intelligence (AI). Whether used for searching information, prompting creativity, or even homework solutions, it is on a fast track to becoming an integral part of our lives. However, as AI technologies continue to permeate different areas, it has also brought forth complex legal challenges, particularly in the sectors of intellectual property and antitrust law. While the current frameworks of copyright law sufficiently govern copyright issuance relating to artificial intelligence, the recent and ongoing AI lawsuit explosion raises important questions regarding copyright infringement disputes and concerns over fair competition within the generative AI space.
In contrast to the well-known copyright lawsuits in art disciplines such as music, it is rare to come across a copyright case in dance. Indeed, it was not until 1976 that choreography even became a category qualifying for copyright registration and protection. Although the limited copyright lawsuits in dance since 1976 have mostly involved defendants that were other choreographers or artists, the video game Fortnite has become a “plagiarizer” of dance moves causing choreographers to seek legal redress.
United States’ copyright laws were first established with a clear goal outlined in the United States Constitution: "...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Copyright law was enshrined in the Constitution as a way to motivate intellectual creativity and progress through legal protections, however, large pharmaceutical companies operating in United States’ markets have manipulated this fundamental principle of intellectual property to bolster their profit margins. By exploiting United States’ copyright law, these pharmaceutical companies depart from the original intent of the law, prioritizing economic gain over the greater well-being of humanity. Specifically, pharmaceutical companies have found ways to weaponize United States’ patent law and FDA policies. This manipulation of copyright law undermines its foundational ideals and compromises its intended purpose.
During the Supreme Court’s January 2024 session, Justices heard the oral argument for a case that could substantially transform the current landscape of administrative law. In Loper Bright Enterprises, Inc. v. Raimondo, the plaintiffs brought forth a challenge to the landmark Chevron Doctrine, which many believe lies at the core of the modern administrative state. The Chevron Doctrine holds that for issues of interpretations of ambiguous phrasing in legislation, deference is given to the federal agency rather than the courts. The plaintiff’s oral arguments support the criticism that the Chevron Doctrine is based on a fundamentally problematic rubric of first-stage and second-stage interpretation, supported not only by the language of the Chevron opinion itself but also other administration-deference-matter-related legal precedent. However, the interpretation of the non-delegation doctrine and the debate surrounding the separation of powers is a macro-scoped issue that necessitates the Chevron Doctrine in the first place. Instead, alternative interpretive frameworks of non-delegation can help both courts and society reconcile constitutionality with practical governance.
In the mountains of Chile, a little-known fourteen-year-long drought has been terrorizing Chileans, not to mention causing the country to almost lose one of its main water sources. The reason for this devastating loss, a dispute between Chile and its neighbor Bolivia, has left many with lingering questions about water rights. Bolivia has claimed for almost thirty years that the Silala River, which begins in Bolivia and then crosses over into Chile before flowing west into the Pacific Ocean, is solely for Bolivia’s use. Bolivia believes the waterway is only under its jurisdiction which prevents Chile from using the water without any compensation. Bolivia’s argument is supported by its claims that the Silala River was artificially created to flow into Chile in 1908. Chile, however, has argued that the Silala River is governed by international law, so it is an international waterway. This dispute was taken to the International Court of Justice (ICJ) in the case Chile vs. Bolivia (2022), where proceedings led the Court to surprisingly decide that the two countries actually agreed on the issue. The Court ruled that Bolivia and Chile did not fundamentally disagree on the issue, since they both wanted equitable use of the waterway. Therefore, an official decision was never made by the ICJ. Instead, the court simply urged the two countries to work together on issues such as these, a decision that poses significant legal problems for the future of international water laws.
Instigated by fear of foreign influence in state law, Ottoman Empire leadership employed policy mechanisms in order to legally legitimize the genocide of the Armenian population in 1915—"illegal process [made to] look legitimate by using the veil of the law." [1] As the state shifted the legal status of religious minorities throughout the 19th century, norms of classical Islamic law were co-opted for nationalistic propaganda. The Young Turks feared relinquishing legal sovereignty to foreign powers—foreign powers which appeared to empower Anatolian Armenians as proxies of influence. At the same time, foreign influence was unavoidable in the shaping of the Ottoman Empire's legal justification framework: German militaristic culture was used to support the creation of the Ottoman state's legal mechanism of deportation. This article will explore examples of foreign influence—and refute conceptions of shari'a involvement—in legal mechanisms which justified the program of genocide: the Provisional Law of 1914, the ordinance for transit and food rationing standards, and the redistribution law.
Since its 1868 ratification, the Equal Protection Clause (of the Fourteenth Amendment) and the Eleventh Amendment have been at legal odds, particularly regarding the issue of balancing state autonomy and the powers of the federal government. Judges and legislators frequently grapple with this tension as one amendment prohibits states from implementing any laws that would infringe upon citizens’ rights and the other establishes judicial limits. Efforts to reconcile between the two amendments become further complicated when approaching areas such as state prisons, where inmates are subjected to the executive authority of the state as opposed to the federal government. For this reason, disabled inmates, including Deaf or hard-of-hearing prisoners, suffer as the state fails to provide rightful accommodations. The failure to accommodate properly for disabled inmates underscores the critical tension between state sovereignty and equal protection of all citizens.
On May 25th, 2020, the United States was shocked by the death of George Floyd at the hands of law enforcement, causing turmoil across the country and renewed calls for a second civil rights movement. On the legal front, the courts have been diligently making progress to end what is known as qualified immunity, the doctrine that protects law enforcement from being sued for violating a plaintiff’s rights, unless it is a clear constitutional violation. This year, the Supreme Court has been given another chance to make progress towards ending qualified immunity through a little-known case out of rural Ohio: Chiaverini v. City of Napoleon, Ohio. Though the circumstances given in the case are narrow, the context and timing of the case taken up by the nine justices could have wide repercussions in the movement to end qualified immunity, especially under malicious prosecution claims. Thus, a ruling in favor of the Plaintiffs (Chiaverini) would standardize malicious prosecution claims under the Fourth Amendment and protect citizens’ rights in the push to end qualified immunity.
The 2021 Northwest heat dome, a record-breaking weather event with temperatures reaching up to 120°F, resulted in over 650 deaths and hundreds of heat-related illnesses in the United States and Canada. Hitting the Pacific Northwest from late June to early July, the heat dome also had catastrophic effects on infrastructure, agriculture, wildlife, and flora. In response to the crisis, Multnomah County of Oregon sued seventeen fossil fuel companies, including ExxonMobil, Shell, BP, and Chevron in the Oregon Circuit Court. The county alleged that the defendants “rapaciously [sold] fossil fuel products and deceptively promote[d] them as harmless to the environment” even though they knew that their products would emit carbon pollution into the atmosphere and “would likely cause deadly extreme heat events like that which devastated Multnomah County.”
On November 11, 2021, North Dakota adopted new state legislative boundaries, completing its decennial redistricting cycle. While the map was largely uncontroversial, three districts drew intense scrutiny for their indigenous population compositions. A few months later, a coalition of tribes and Native American residents filed suit in the federal District Court of North Dakota, contending that the new boundaries diluted their collective voting power. In the ensuing case, which became known as Turtle Mountain Band of Chippewa Indians v Howe, the state vehemently rejected these accusations, offering myriad explanations in defense of their new lines. Most prominently, North Dakota argued that the coalition’s desire for another majority-minority seat would exceed the requirements imposed by the Supreme Court’s Thornburg v Gingles decision, which grants racial minorities certain protections in the redistricting process. In November 2023, Chief Judge Peter Welte comprehensively refuted this assertion, holding that the state’s legislative maps discriminated against two tribes. In its opinion, the District Court addressed how North Dakota failed to properly apply the Supreme Court’s precedent, noting how the legislature prevented “Native American voters from having an equal opportunity to elect candidates of their choice.” While many may interpret this decision as a straightforward application of Gingles, the ruling implicitly undermined future attempts to dilute indigenous voting strength. By emphasizing how geography, low turnout rates, and discrimination impact indigenous voters, the court demonstrated how tribal nations are entitled to districts that better accentuate their political concerns.
On June 27, 2023, The United States Supreme Court ruled to expand and reinforce state authority over registered corporations within a state’s respective jurisdiction. Per Mallory v. Norfolk Southern Railway Co. (2023), even if a lawsuit pertains to events occurring outside the state in which a corporation primarily operates, a corporation may be sued in said different state. As an attempt to determine the constitutionality of Pennsylvania state law under the Fourteenth Amendment’s Due Process Clause, the case’s ruling concerns Pennsylvania’s contested Consent-by-Registration law. Consent by registration requires that corporations must agree to be sued in the state in which they are conducting business, prior to beginning operations. Thus, as was the case for Norfolk Southern Railway Co., even just as much as a railway built going through any territory in the state would obligate the firm to appear in the state’s court.
In a time marked by a rapidly changing sociopolitical landscape, the concept of “evolving standards of decency” has become increasingly pertinent, serving as a cornerstone for evaluating what is considered to be “cruel and unusual punishment” as noted in the United States Constitution. Among these practices, few are as contentious and deeply ingrained in the American legal system as the issue of capital punishment. By examining the historical context and legal precedence of capital punishment as well as its relevance today, it is asserted that, despite the Supreme Court's ruling in Gregg v. Georgia (1976), which upheld the constitutionality of the death penalty when used carefully and judiciously, abrogating Furman v. Georgia (1972), the evolving standards of decency render the application of capital punishment to be unconstitutional.
On June 30th, 2023, for the first time, the Supreme Court essentially ruled that it is acceptable for people and businesses to discriminate against same-sex couples. Through their decision in 303 Creative LLC v. Elenis, the Court explored the intersections between anti-discrimination law in public accommodations and the Free Speech Clause of the First Amendment – and ultimately prioritized free speech. 303 Creative LLC v. Elenis infringes on civil rights laws using the First Amendment by potentially encouraging discrimination against LGBTQI+ Americans and weakening laws that have protected all Americans from discrimination.
President Biden has made antitrust enforcement a chief priority of his economic policy, dubbed “Bidenomics.” Signing Executive Order 14036, better known as “The Executive Order on Promoting Competition in the American Economy,” President Biden has directed the Federal Trade Commission (FTC) and the Department of Justice (DOJ) to take action towards reining in anti-competitive practices. This Executive Order (EO) includes more than 72 initiatives for multiple federal agencies, in what the Biden Administration hopes will “tackle some of the most pressing competition problems across our economy.” As a direct result of this EO, the DOJ’s Antitrust Division filed a Section 2 Sherman Antitrust Act offense (the actions a company takes to attain or keep monopoly power) against Google for allegedly “monopolizing multiple digital advertising technology products.” This is the first time in over twenty years that the DOJ has brought a Section 2 Violation of the Sherman Act. While the Biden Administration, DOJ, and FTC may be focused on curbing anti-competitive conduct in the technology sector, they may have overlooked a key yet recent contributor to monopolistic practices: the education sector, more specifically, the education testing non-profit: The College Board.
Since the Reagan era, inequality across the United States has reached an all-time high, with clashes over the issue increasingly erupting into the forefront. Over the past few years, however, various attempts to mitigate and even alleviate these economic inequalities have been unsuccessful. One of the main proposals to alleviate economic inequality has been the addition of a wealth tax. A wealth tax is distinct from other taxes such as capital gains taxes and federal income taxes because it seeks to tax unrealized income, meaning that it seeks to tax gains in wealth that aren’t realized from the sale of capital.
Affirmative action policy in higher education has been the center of extensive debates, drawing in both passionate advocates and critics who significantly influence discussions on college admissions policies. Consider a scenario where two equally-qualified students, distinguished by their racial background, compete for a coveted spot in a prestigious university. While one might assume that this situation leads to a fair evaluation of both individuals, affirmative action introduces a unique dimension by providing an advantage to a student from a marginalized community. This fact sparks controversy, raising questions about whether affirmative action effectively achieves its intended goals of promoting diversity and addressing historical inequalities or if it establishes an admissions standard that unfairly impacts certain students more than it benefits others.
Featured Roundtable Contributions
The Clean Air Act of 1970 gives the Environmental Protection Agency the power to set national air pollution guidelines known as National Ambient Air Quality Standards (NAAQS). In 2015, the EPA made the NAAQS for ozone stricter. However, due to the possibility of cross-state air pollution where upwind states could prevent downwind states from achieving the new NAAQS, the EPA proposed a transboundary Good Neighbor Plan. The provision calls for upwind states to reduce ozone-forming nitrogen oxide (NOx) emissions from industrial facilities to “result in cleaner air and better health for millions of people living in downwind communities.” The twenty-three upwind states were then required to submit individual State Implementation Plans (SIPs) to reduce their respective emissions. However, the EPA rejected twenty-one of these plans and subsequently decided to implement (or, as the states would see it, impose) its own Federal Implementation Plan to meet the NAAQS. The FIP triggered a legal challenge from three states and several trade associations, requesting a court to temporarily stay the EPA rule, arguing that the emission controls were “arbitrary or capricious.” Twelve of the original twenty-three upwind states have already been granted stays from lower courts.
Privacy law stands at the intersection of individual rights, government regulation, and societal norms, shaping the landscape of healthcare, reproductive rights, and personal freedoms. In today's world, where advancements in technology and shifts in political landscapes continuously redefine the boundaries of privacy, grasping the significance and dynamic applications of privacy law is growing increasingly crucial. This roundtable explores three distinct realms where privacy law exerts its influence: gender-affirming healthcare, abortion rights, and government surveillance.
The role of international organizations in regulating and enforcing global conventions and agreements is both potent and tenuous. On the one hand, institutions such as the United Nations and the European Union are backed by the power of legal jurisdiction over all states that subscribe to their authority. On the other hand, because this authority stems from the states themselves, the institutional capacity to meaningfully intervene and adjudicate in state matters is, to a certain extent, perpetually unsettled. This constant tension between legal mandate and practical capacity defines many international organizations. One of the many sensitive issues these organizations and conventions must tackle is the question of limits to the right to privacy, which has become a flashpoint in recent years due to the COVID-19 pandemic given the unprecedented level of data sharing and public health monitoring that states have undertaken to address the public health crisis.
The adjudicative capacity of human judges, and hence the outcome of a process of legal dispute resolution, can be impacted by a great number of circumstances – the judge’s reliance on intuition, their personal beliefs, and even how long ago they last ate. [1] The proposition of (metaphorically) seating Artificial Intelligence (AI) on the bench is thus, prima facie, attractive, because, surely, computers can be more objective than human beings. A commonly held view by proponents of using AI in an adjudicatory role is that algorithms are more objective because they are thought to overlook ancillary characteristics like gender and race, which are generally not relevant to the legal question at hand, and towards which humans hold implicit biases. [2] Moreover, using AI in an adjudicatory capacity could potentially help in lowering the costs of administering justice, and streamline dispute resolution; indeed, this was the motivation behind Estonia’s use of AI to resolve certain small-claims cases. [3] AI then seems like a panacea to the twin ills of inefficiency and non-objectivity in judicial decision making. However, there are compelling pragmatic and principled reasons, both pragmatic and principled, against involving AI in the judicial decision making process.
Concerning the responsibilities of medical professionals and the rights of their patients, medical law primarily covers issues of negligence, ethics, and confidentiality. [1] With its far reaching scope, medical law has long been addressed, beginning with the Hippocratic Oath in the Greek classical period. [2] This oath addresses several concerns of medicine, particularly focusing on a doctor’s duty to care for their patient to the best of their ability, uphold doctor-patient confidentiality, and instruct future generations of doctors. [3] Though the Hippocratic Oath remains valuable in the medical profession, medical law in the United States has been particularly shaped by landmark cases on negligence, medical malpractice, and confidentiality. Such cases set important precedent both for medical jurisprudence as well as for the medical profession as a whole.
In 1735, Peter Zenger was put on trial for publishing newspapers critical of the New York colonial governor. His lawyers defended him on the grounds that truth and veracity superseded libel, stating “the exposing of public wickedness…is a duty which every man owes to truth and his country.” [1] Zenger was acquitted, and thereby set a precedent for freedom of speech and liberty of the press in the annals of American history. However, at the turn of the century, anxieties over a war with France complicated the issue, and the precedent was ignored by the now-infamous Alien and Sedition Acts. Passed by the Federalist in 1798, the acts were a series of four laws designed to fracture their political opposition by criminalizing any perceived criticism or subversion of the government. The logic used to justify these civil oppressions was the exigent circumstances of a potential war—that age-old societal plague that has captivated our fascination and horror for millenia, the harbinger of revolution, empire, and atrocity.
As the mental health crisis in the United States grows, the U.S. Census Bureau reveals that clinically significant symptoms of depression and anxiety have more than tripled since the coronavirus pandemic began. [1] The question of what legal protections exist for those with mental illness within the realm of healthcare is more prevalent than ever. There are certain protections in place through the ADA for individuals suffering from mental health illnesses such as blocking employers from discriminating against individuals with mental illness conditions, right to privacy of medical information, and providing accomodations when needed. [2] Since the inception of the ADA, there have been great strides in the implementation of the ADA’s provisions within covered entities. However, many barriers still existed despite the implementation of the ADA. Stemming from inadequate provisions in the policy itself, the ADA failed to mandate parity between mental and physical disability benefits.
The legal history of the recognition of labor rights consists of judicial balancing between employers’ business interests and laborers’ interests in fair labor practices. In post-revolutionary labor combination cases, union members were fined because English common laws were still in use––under which making labor combinations was an indictable offense. [1] In the case Commonwealth v. Hunt (1842), seven journeymen in Massachusetts were charged for forming a union. [2] The Massachusetts Supreme Court established that labor combinations were not inherently illegal unless an organizations’ goals or practices were themselves fraudulent, false, forceful, or otherwise “criminal or unlawful.” [3] Later, The Supreme Court In re Debs (1895) upheld the federal government’s ability to use injunctions against labor strikes. [4] In 1894, employees of a railroad car manufacturer went on strike and disrupted business in the Chicago area. [5] Strike leaders refused to halt their activities after an injunction was issued in federal court. On appeal, the Supreme Court sided with the employers to protect the public’s interest in interstate commerce. [6]
Integral to a strong republic is the existence and protection of its secrets. Failing to safeguard sensitive information could endanger the safety and security of a nation, as well as that of its citizens. Throughout history, nations across the globe have kept secrets — whether they involve the preservation of military strategies, intelligence, or covert communications, making sure that a country’s secrets stay secret is critical to the establishment and conservation of their power.
In order to understand the legal means that allow us to keep our governments accountable for environmental damage, it is crucial to have a holistic perspective on the evolutions and historical foundations of environmental law.
Environmental litigation is based on a recently established legal framework. Indeed, most major environmental statutes were passed between the late 1960s and early 1980s, with the most significant pieces of legislation passed during the Nixon administration. [1] On January 1, 1970, Nixon signed the National Environmental Policy Act, an important first step in the emergence of national environmental goals and policies. Later that year, Nixon created the Environmental Protection Agency (EPA), which has since become a key institution in environmental law. Two of the most important laws governing the EPA were passed by Congress over the next two years: The Clean Air Act of 1970, which directs the EPA to set standards for what kind of pollutants may be released into the air, and the Clean Water Act of 1972, which instructs the EPA to set standards for what pollutants may be released into lakes, streams, and rivers. Although this legal framework is fairly recent, it has been quite static: the US has gone almost 30 years without major new environmental legislation. This inactivity, attributable to the growing partisanship of the environmental issues, means that while the climate crisis is rapidly accelerating—the last five years in human history were the five hottest on record—we are currently handling environmental crises with decades-old legislation.
The perception of humanitarian intervention has recently shifted from a mere subset of international law governing the use of force to a legitimate, legal reason for war. Using humanitarian intervention as a justification for foreign interference has become increasingly commonplace in the international arena. However, despite its widespread application, the use of this justification remains highly controversial; critics point out that the humanitarian label runs the risk of masking the hidden geo-political motivations of nations.
The beginning of the Biden Administration was characterized by a distinct shift away from the immigration policies of the Trump Administration. Namely, President Biden’s recent temporary guidelines for Immigration and Customs Enforcement (ICE) sought to redefine the grounds for deportation. These provisions centered around deporting individuals who recently crossed the border, pose a threat to national security, or have committed “aggravated felonies.”
We are the only country with a written constitution that does not prohibit discrimination based on sex,” Congresswoman Jackie Speier (D-CA-14) noted before the House of Representatives on Wednesday, March 17. Speier spoke moments before the body voted on H.J. Res. 17, an effort intended to remove the ratification deadline on the Equal Rights Amendment (ERA). The three-sentence resolution will reach its 98th birthday this year. After Virginia ratified the amendment in 2020, it finally has the required thirty-eight states to theoretically pass.
In the midst of a global pandemic, signs of hope have started to emerge from beneath the shadow of COVID-19. SARS-CoV-2 has killed millions and fundamentally changed the world, but there is cause for optimism with the development and implementation of life-saving vaccine technology. Faced with an unprecedented public health crisis, experts agree that the quickest way for the world to return to normal conditions involves vaccinating as many people as possible, establishing herd immunity, and decreasing the transmission of COVID-19.
Across the United States, states have taken steps to address homelessness, ranging from the enforcement of state supreme court decisions to the passage of sweeping legislation. At the same time, individual state legislatures have become battlegrounds for homelessness rights in states that attempt to reduce the visibility of homeless individuals rather than address the systemic issues behind the rise in homelessness. To this end, many states have resorted to indirect anti-homelessness legislation, including laws and ordinances that ban loitering and begging. This Roundtable addresses state laws on homelessness, the intersection of judicial activism and homelessness, the 19th century roots of UK law on homelessness, and the path toward decriminalizing homelessness.
Abortion is one of the most intimate and difficult choices many women make at least once in their lives. Indeed, almost one in four American women have an abortion by age 45. Opponents of abortion, however, claim that Americans have long opposed this medical practice and frame Roe v. Wade as an “anomaly.” However, the history of abortion in the United States reveals how common and necessary the procedure has been. This Roundtable explores abortion law prior to Roe v. Wade, the Roe v. Wade case itself, abortion law following Roe v. Wade, and the future of abortion law.
U.S. legislative acts pertaining to health care rights have historically limited undocumented immigrants’ access to such benefits. While alternative paths to access are available at the moment, they are far from sufficient for undocumented immigrants seeking treatment. This Roundtable explores the existing healthcare rights of undocumented immigrants, barriers to further access, and the effect of the COVID-19 pandemic on these rights.
The International Criminal Court (ICC) is an autonomous international tribunal that is authorized to condemn individuals responsible for genocide, crimes against humanity, war crimes, and crimes of aggression. Established by the Rome Statute in 2002, the ICC is the first and only international court with such jurisdiction. One hundred and twenty-three countries have signed on to the Rome Statute, which establishes the court’s jurisdiction, structure, and telos to “guarantee lasting respect for the enforcement of international justice.” This Roundtable explores the role of the ICC in international law, its promising aspects and shortcomings, and the future of the institution.
Diversity is an exalted concept for many reasons, ranging from its practical relevance to operational performance, to its broad promise of social inclusion. It is this latter appeal that has rendered diversity, in the eyes of many, a veritable democratic ideal. This Roundtable explores how affirmative action became such an explosive national debate, beginning with Bakke, continuing through Harvard College, and projecting into the future.
While platforms such as Google, Facebook, and Twitter have resisted being labeled as publishers, their decisions over what and what not to moderate increasingly mirror the domain of editorial organizations. Compounding the issue is these companies’ outsized influence as intermediaries, and even gatekeepers, for human expression. In general, legislators have exempted social platforms from responsibility for what their users publish. This Roundtable will explore the development of the law that cements this protection: Section 230 of the Communications Decency Act of 1996.
This Roundtable focuses on Harris Funeral Homes. We first provide a history of Title VII and the Equal Employment Opportunity Commission, then proceed to contexualize Harris Funeral Homes by drawing upon related LGBTQ+ discrimination cases, and finally conclude with analysis and its implications.
The question of executive power has plagued the United States since its inception. Historically, power has been vested in the legislature, but modern presidents have bucked precedent by using executive orders to establish government agencies, skirt laws which they disagree with, and to issue unprecedented immigration policies.
This roundtable discussion will present the legal history and analyze recent court cases pertaining to executive power so that we might present a reasonable picture of its future. The Founding Fathers originally imagined the United States as a nation with strong national legislature with power primarily vested in state governments.
It is important to recognize the structures responsible for this dramatic shift from state-local rule to national rule and from legislative governance to executive governance if we are to properly prepare for the repercussions of those realignments. If we are not careful during this liminal phase, unnecessary power may become vested in offices where it does not belong, putting American democracy and life as we know it at risk.
Featured Current Events Articles
On February 29, 2024, the Court of Appeal of Quebec issued a judgment on the constitutionality of Bill 21 (An Act Respecting the Laicity of the State) that immediately sparked outrage among civil liberties advocates. The controversial bill, passed by the National Assembly of Quebec in 2019, bans teachers, law enforcement officers, judges, and some other public employees from wearing religious symbols at work. This most recent ruling not only upheld the bill but also overturned an exemption that the Superior Court of Quebec had previously granted to staff of English schools in 2021. The dispute will likely move to the Supreme Court of Canada, with several organizations filing for leave to appeal. The Court of Appeal of Quebec’s ruling on Bill 21 ultimately highlights the manner in which the ambiguous language of Section 33 of the Canadian Charter of Rights and Freedoms enables the violation of basic rights across Canada.
From TikTok dance challenges to live footage of global events, social media is an information distribution powerhouse, inevitably occupying the phones of all age demographics. However, this status is tainted by the widespread concern over its overconsumption primarily among younger people. In 2023, the National Institutes of Health published a research report that hypothesized strong correlations between social media usage and youth mental health concerns. As a result, many state legislatures have felt compelled to enact legislation restricting social media accessibility. State-issued bans that target minors between the ages of 13 and 18 infringe on the Fourth Amendment’s Due Process Clause, which protects parental rights to make decisions relating to their children’s care and education. In addition, state governments’ efforts to restrict social media usage in education reveal viewpoint discrimination that threatens free speech rather than effectively addressing youth mental health challenges.
The “Safety of Rwanda Act”, also referred to as the UK-Rwanda Migrant Deal or the MEDP (Migration and Economic Development Partnership), was passed by the United Kingdom (UK) Parliament on April 25, 2024, despite the UK Supreme Court holding that the deal was unlawful in November of 2023. This Migrant Deal controversially legalized the deportation of asylum seekers, who entered the UK illegally, to Rwanda. This received backlash from the public and legal scholars, who claimed that the MEDP could place asylum seekers in unsafe living conditions and put their livelihoods at risk.
Listen In
Low of the Land: Subscribe to our Podcast!
Featured Episode: Know Your Rights: How To Avoid The Copyright Cost of Being a Black Creator (Part 1)
by Madison Brianna Garrett and Saiya Palmer
In this inaugural episode of the "Low of the Land" Know Your Rights edition, Madison Brianna Garrett interviews Jasmine Johnson Parker, an Adjunct Professor at the Emory University School of Law teaching Entertainment and Social Media Law, concerning the modern implications of intellectual property law for Black creators on social media platforms. Tune in to the first part of this two-part series to learn more about the extent to which intellectual property law has been shaped by the power of social media content creation as well as to hear Professor Parker’s advice on how Black creators can best protect their online content.
Healthcare has long been a contentious issue in American law. Questions concerning jurisdiction, who bears the burden of insurance, and issues within it ought to be handled (if at all) have plagued the American public consciousness for decades. Everything changed, however, with the passage of the Affordable Care Act (ACA). The ACA was a carefully negotiated, bipartisan solution to deficiencies in the then current system which revolutionized health care as we know it.