The Chevron Doctrine: Who Gets to Decide What a “Source” is?

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.

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Skylar Wu
The Inefficiency of International Water Law: How Did This Impact Chile v. Bolivia?

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.

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Claire Thornhill
Genocide Under the Ottoman State: Nationalistic Co-Optation of Classical Legal Paradigms and Responses to Western Interference

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.

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Marie Miller
Silence in the Court: Constitutional Considerations of Prison Conditions for Deaf Inmates

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.

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Ashley Park
SCOTUS’s Next Step in Ending Qualified Immunity: Chiaverini v. Napoleon

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.

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Andrew Chung
Fraudulent Advertising and Environmental Degradation: Can Fossil Fuel Corporations Be Held Legally Responsible for their Contribution to Climate Change?

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.”

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Audrey Carbonell
Tribes, Lines, and Legal Landmines: Exploring a Potential Recourse for Native Seat Dilution

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.

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Yusuf Arifin
Corporate Jurisdiction: A Discussion of Due Process and the Dormant Commerce Clause

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.

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Arielle Hillock
Evolving Standards of Decency: On the Abolition of Capital Punishment

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.

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Jayin Sihm