Archive for 2017

MUCH ADO ABOUT NOTHING: ELIMINATING CHEVRON DEFERENCE WOULD LIKELY HAVE A MINIMAL IMPACT ON SUPREME COURT JURISPRUDENCE By: Jessica Sharpe, Volume 101 Staff Member Neil Gorsuch’s nomination to the Supreme Court was confirmed by the Senate in recent weeks.[1] Throughout his confirmation hearings, his views on Chevron deference[2] sparked controversy.[3] This Post argues that the…

EDUCATIONAL PRIVILEGES: A PERPSECTIVE ON U.S. DEPARTMENT OF EDUCATION REGULATIONS BANNING PRE-DISPUTE, MANDATORY ARBITRATION IN UNIVERSITIES By: Kate Kelzenberg, Volume 101 Staff Member During the Senate confirmation hearing of Supreme Court nominee Neil Gorsuch, Sen. Al Franken (D-Minn.) questioned the nominee on his opinions about arbitration as a form of dispute resolution.[1] Gorsuch conceded that,…

INACTION OF MERCY: MINNESOTA’S PARDON PROBLEM By: Devin Driscoll, Volume 101 Staff Member The pardon power of the President[1]—called the “benign prerogative” by Hamilton[2]—has long attracted scholarly attention.[3] The granting of executive commutations and pardons at the federal level had been in steep decline: President Carter granted 563 in his single term; the senior President…

LOOKING BACK AT THE FCC’S PRIVACY RULES By: Ronald Waclawski, Volume 101 Staff Member On October 27, 2016, the Federal Communication Commission (FCC) adopted a rule designed to protect consumer information by requiring telecommunication carriers to protect the confidentiality of customer information.[1] On March 23, 2017, the Senate voted 50-48 to prevent the entirety of…

PLACING RELIGION ABOVE ALL ELSE: RFRA AND THE LEAKED DRAFT OF PRESIDENT TRUMP’S PROPOSED EXECUTIVE ORDER ON RELIGIOUS FREEDOM By: Kristen Mishler, Volume 101 Staff Member In January of this year, The Nation and Reveal obtained copies of a draft proposed executive order under consideration by President Trump.[1] Although several of President Trump’s executive orders…

OBAMA CARED: THE IMPORTANCE OF ESSENTIAL HEALTH BENEFITS IN THE AFFORDABLE CARE ACT By: Jesse Goldfarb, Volume 101 Staff Member A key provision in the Affordable Care Act (ACA) mandates that certain types of benefits be included in any healthcare insurance plan on the state and federal exchanges.[1] While there are no specific benefits required,…

CATS AND DOGS AND THE TAKINGS CLAUSE: BALANCING THE REGULATORY TAKINGS DOCTRINE AND INNOVATION IN THE SEVENTH CIRCUIT By: Austin J. Spillane, Volume 101 Staff Member We are currently living through an intriguing period of time that is marked by the digitization of many facets of the traditionally non-digital economy—a period dubbed by one commentator as “the…

THE FUTURE OF CLASS ACTIONS By: Caroline Bressman, Volume 101 Staff Member Far from being the exception to individual adversarial suits in modern U.S. litigation,[1] an early prototype of class action litigation was common in medieval England.[2] During a period shaped by strong group cultures, judges largely did not question group litigation.[3] The early U.S.…

RUNNING FROM THE LAW DOESN’T MEAN YOU BROKE IT: COMMONWEALTH V. WARREN CONSIDERS RACE WHEN DETERMINING REASONABLE SUSPICION By: Vanessa R. Colletti, Volume 101 Staff Member Jimmy Warren is probably just grateful to be free; however, his case presents a greater opportunity for freedom for people of color everywhere. Commonwealth v. Warren[1] is a notable…

DO TWO WRONGS MAKE A RIGHT? By: Mitchell Ness, Volume 101 Staff Member On April 19th, the Supreme Court will hear arguments in Weaver v. Massachusetts.[1] The case concerns an intersection of two constitutional guarantees, the guarantee to the effective assistance of counsel and the guarantee to a fair trial.[2] In Weaver the Supreme Court…