Inc. — Online Journal — Columbia Undergraduate Law Review

Itsy, Bitsy, and Vulnerable? The Need for Greater Jurisprudence in the World of Fashion

In June 2013, Ipek Irgit debuted her bikini line Kiini. Fun and flirty, the crocheted, triangle bikini soon became all the rage among Instagram models and stylists. By 2014, the swimsuit was featured in Vogue.com, Women’s Health Magazine, and even named “the hottest bikini this summer” by People magazine. [1] While the designer’s business was booming, she was also facing significant obstacles. Irgit’s biggest hurdle? The hundreds of counterfeit Kiinis that swarmed the Internet and were creating profit for others off of her work.

A Civil Responsibility for Representation

The advent of American justice, in criminal proceedings, is often tied to the constitutional guarantee of the attorney. Our 6th Amendment promises that “in all criminal prosecutions, the accused shall enjoy the right to… have the Assistance of Counsel for his defence.” [1] This is a powerful promise our Founders codified, aiming to level the playing field for criminal defendants thereafter. In many ways, this pledge continues to represent the emphasis on individual rights in the American social contract. But when we take a step backwards, we are reminded that criminal proceedings have an often-overlooked twin: civil law.

Masterpiece Cakeshop’s Failure to Establish Legal Precedent Allows Discrimination Against the LGBTQIA+ Community

Masterpiece Cakeshop LTD v. Colorado Civil Rights Commission was a 2012 case from Lakewood, Colorado that pits First Amendment rights to speech and religion against anti-discrimination legislation. This case originates with a baker, Jack Phillips, who refused to create a wedding cake for a gay couple. Phillips told the couple that he did not create wedding cakes for same-sex couples because of his religious opposition to same-sex marriage and because Colorado, at the time, did not recognize same-sex marriages. He also claimed that by creating a wedding cake, he would be using his artistic skills to create speech that endorsed same-sex wedding marriage. The gay couple subsequently filed a civil rights complaint with the Colorado Civil Rights Commission pursuant to the Colorado Anti-Discrimination Act.

Labor Rights in the 21st Century: Classifying Gig Economy Workers Under U.S. Labor Laws

Over the past decade, companies such as Uber, Grubhub, and TaskRabbit have disrupted pre-existing markets and transformed the dynamics of the U.S. economy. By developing Internet-based platforms, they have matched the skills of workers with the customers in demand for certain services, enabled workers to partake in short-term engagements, and established hands-off relationships between employers and workers. Changing the structure of the economy as we know it, these companies have given rise to the emerging “gig” economy, a labor market with over 600,000 U.S. workers that has flourished and only shows promising future growth.[1]

Mandatory Arbitration and the Growing Power of Corporations

The Federal Arbitration Act (FAA) was created by Congress in 1925 in order to validate the enforceability of arbitration agreements. These agreements are informal, streamlined adjudications that were intended to resolve disputes by replacing the cumbersome trial process.[1] While this concept appears relatively clear-cut, there have been numerous instances of litigation surrounding the validity and enforceability of mandatory arbitration. What seems to be a simplified resolution process has instead become a dangerous obstacle wherein the rights of consumers to take companies to court via lawsuits are limited.