A Win for Clean Water: County of Maui v. Hawaii Wildlife Fund

The 1972 Clean Water Act (CWA) is a landmark piece of legislation that protects American waters from pollutants and discharges. To regulate pollution discharges, the drafters of the CWA created a legal framework, the National Pollutant Discharge Elimination System (NPDES), that requires agencies to obtain an NPDES permit for pollution discharges that originate “from a point source” such as pipes or man-made ditches and enter certain bodies of water, i.e. navigable waters and surface water bodies termed “waters of the United States.” However, the definitions of “point source” and “waters of the United States” in the CWA have proven too vague and have thus been the source of much litigation.

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Rucho, Lamone, and Partisan Gerrymandering: The Role of Mathematics in Establishing Justiciability

Much has changed in the United States legal system since 1812, but the partisan practice of gerrymandering, or drawing political districts to favor one party over another, remains. Since the first salamander-looking “gerrymander” created by 1812 Governor of Massachusetts Elbridge Gerry, gerrymandering techniques have evolved to include “cracking” districts to spread out a certain voting bloc and “packing” as many voters of one bloc into one district. Regardless of technique, this practice essentially allows politicians to pick their voters. With modern technology, computer algorithms can now account for a multitude of other factors including voter demographics in drawing a district, making the redistricting process limitless in its vulnerability to partisanship. This phenomenon has raised a key legal question: When does partisan gerrymandering become constitutionally impermissible?

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Nestle USA v. Doe I and the Future of Corporate Accountability

An estimated 168 million children between the ages of 5-17 are presently engaged in some form of child labour or enslaved labor globally, with millions subjected to bonded labour, child soldiering, or sexual exploitation. Though this atrocity occurs within many spheres, the chocolate industry is an infamous perpetuator. Between 2013 and 2017, over 1,000 children working in cocoa agriculture in areas of medium and high cocoa production were victims of forced labour at the hands of someone outside their family. And this number fails to account for the hundreds of children forced to labor by their parents and other relatives. Working on plantations that annually supply 60% of all cocoa to transnational companies such as Nestle and Cargill, children in Ghana and Cote d’Ivoire are overworked, brutally treated, and deprived of their education.

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Is Death a Constitutional Right?

For decades, physician-assisted suicide (PAS) and the right to die have been at the center of numerous legal battles. The “right to die” covers more than just “pulling the plug” on life-sustaining treatment. It also includes suicide, which is done without the assistance of a physician, as well as other practices that are done with the guidance of a physician. Such practices include passive euthanasia, assisted dying, active euthanasia, and most recently, physician-assisted suicide. Although the legality of PAS largely depends on the attitude of the respective state government, one could argue that the banning of physician-assisted suicide violates the Due Process clause of the 5th Amendment because the choice to end one’s life during unceasing pain—especially when one’s death is imminent— should be included in one’s right to life. Furthermore, a court’s refusal to recognize the right to die allows the actions of PAS-administering doctors to fall under “affirmative aid in dying,” which exposes doctors to prosecution for murder.

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The Consequence of a Partisan Court: Pennsylvania’s Anti-Democratic Rejection of the Green Party

On September 17, the Commonwealth of Pennsylvania began printing ballots for November’s election after the Pennsylvania Supreme Court made its final decisions regarding ballot access. In southeastern Pennsylvania alone, over 600,000 voters had already requested mail-in ballots. Members of the major parties awaited the chance to cast their vote for the presidential ticket of their choice. However, not all the presidential tickets were actually represented on the ballot; the Green Party’s candidates for president and vice president had been struck from the ballot over a filing error in the Pennsylvania Supreme Court case In Re: Nomination Paper of Scroggin. An examination of this case and the court that decided it reveals that partisan ballot decisions like In Re: Scroggin undermine democratic principles and subvert evenhanded justice while enabling the duopoly of the major parties.

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When U.S. Law Extends Beyond its Borders: The LIBERTAD Act and Extraterritoriality

On April 17th, 2019, U.S. Secretary of State Mike Pompeo expanded the implementation of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. "For the first time," he announced, "claimants will be able to bring lawsuits against persons trafficking in property confiscated by the Cuban regime." The Trump Administration activated Title III of the LIBERTAD Act, a statute that had been suspended by every presidential administration since the Act's creation. Title III secures the right of U.S. nationals to claim property that had been confiscated by the Cuban government on or after January 1st, 1959 from any individual using, selling, or benefiting from it.

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Gerrymandering & The Supreme Court

Gerrymandering, or the act of redistricting in a way that advances a political party’s election efforts, undermines our electoral process through a partisan lens. In the landmark case Gil v. Whitford (2018), the Supreme Court ruled that the case lacked sufficient evidence needed to prove the “packing and cracking” gerrymandering allegedly completed by the Republican Party in several Wisconsin districts. In Benisek v. Lamone (2018), the Supreme Court ruled that the Court was not in a position to decide on an issue of possibly gerrymandered maps in Maryland, stating that intervention would be “against the public interest.” Both of these recent cases demonstrate the highest court’s refusal to get involved in the gerrymandering issue, which raises the question: should courts interfere with gerrymandering at all, and if so, how should they go about it?

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Could China Be Charged for the Xinjiang Conflict? Exploring the Applicability of International Genocide Law

The cultural and religious customs practiced by the Uyghurs have been alleged to be inimical to the unity of the Chinese state. This has led to measures including the alleged detainment of more than a million Uyghurs in “re-education camps” by the government, as well as state-led campaigns such as the 2014 “Strike Hard Campaign against Violent Terrorism” which, as the Human Rights Watch found, had resulted in the imprisonment of several Uyghurs without a proper trial. These occurrences highlight the incongruity between the rights guaranteed to religious and ethnic minorities in the constitution of China and the treatment of these groups in reality.

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Al-Khatib Trial, the Nuremberg of the 21st century? Germany’s landmark step towards international criminal accountability

In February 2020, Syrian officials Anwar Raslan and Eyad Al-Gharib were arrested in Berlin and Koblenz, Germany. Raslan allegedly headed the Investigative Unit in the General Intelligence Service Detention Center in Damascus and Al-Gharib was alleged to be employed in a subdivision of this unit, Al-Khatib. Raslan reportedly perpetrated 4,000 cases of torture, 58 murders, and several individual cases of sexual assault and rape between 2011 and 2012. Al-Gharib was charged with aiding and abetting acts of torture while he was employed at Al-Khatib. The defendants were charged in Germany for crimes against humanity in violation of Section 7 of the VStGB (Code of Crimes Against International Law) and for other crimes of torture, murder, and assault, in violation of multiple sections of the StGB (Criminal Code).

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