THE UBIQUITY OF SOCIAL MEDIA DICTATES THE RESULT: WHY THE SUPREME COURT SHOULD AFFIRM THE THIRD CIRCUIT IN MAHANOY AREA SCHOOL DISTRICT V. B.L. AS A MATTER OF NON-DISCRIMINATION
By: Miriam Solomon, Volume 105 Staff Member In B.L. v. Mahanoy Area School District, the plaintiff, a sophomore in high school, was removed from the school cheerleading team after the team coaches learned of a post B.L. made on Snapchat. After participating on the school’s junior varsity cheerleading team during her freshman year, B.L. tried…
Continue ReadingTHE CASE FOR A CONSTITUTIONAL CHANGE TO TRANSFORM BLACK EDUCATION IN MINNESOTA
Brandie Burris, Volume 105 Staff Member and Incoming EIC for Volume 106 INTRODUCTION Although elected officials and community leaders regularly celebrate Minnesota’s recognition as a leader in public education,[1] these awards and statements hide the true picture.[2] In reality, Minnesota’s public schools, even in “progressive” Minneapolis, continually fail Black, Brown, and Indigenous children.[3] Too…
Continue ReadingVolume 105 Headnotes: Fall Issue
Bostock, LGBT Discrimination, and the Subtractive Moves By Andrew Koppelman Full essay here. Nonessential Businesses and Liability Waivers in the Time of COVID-19 By Zahra Takhshid Full essay here. Case-Linked Jurisdiction and Busybody States By Howard M. Erichson, John C.P. Goldberg, and Benjamin C. Zipursky Full essay here. Reconstruction in Legal Theory By George Rutherglen Full essay here.…
Continue ReadingINOCULATION INJUSTICE: A FEDERAL RESPONSE TO VACCINE LINE JUMPING
By: Annika Beck, Volume 105 Staff Member The COVID-19 pandemic has generated a variety of antisocial behaviors, from profiteers filling warehouses with disinfectants[1] to tenants demanding sexual favors from clients who are behind on rent.[2] Now that COVID-19 vaccines are available for those at highest risk of infection, one more antisocial behavior must be added…
Continue ReadingHAS THAT NATION SIGNED?: HOW THE TENTH CIRCUIT’S DECISION IN MOBLEY CAN RESULT IN SERIOUS IMPLICATIONS FOR INTERNATIONAL PARENTAL KIDNAPPING
By: Cole Benson, Volume 105 staff member The case of United States v. Mobley was decided by the Tenth Circuit on August 21, 2020.[1] Mobley held that defendant parents who are found guilty for international kidnapping are not liable for restitution under 18 U.S.C. § 3663A(b)(4) when the other parents incur attorney’s fees in their…
Continue ReadingSTOPPING GAMESTOP’S “GAMESTONK”: WHY COURTS MUST CONFRONT GAMESTOP COLLUDERS AND PROHIBIT OPEN-MARKET MANIPULATION
By: Casey Epstein, Vol. 105 Note & Comment Editor INTRODUCTION Throughout January and into February, online traders frantically purchased GameStop stock, driving the down-on-its-luck company’s stocks into the stratosphere.[1] The GameStop investors—primarily small-scale Reddit users—have openly colluded against large hedge funds with short positions against GameStop.[2] The result: Many large hedge funds have lost…
Continue ReadingTWIST IT, PULL IT, BOT IT: DEVUMI, BOTS, AND THE END OF THE FTC’S POLITICAL NEUTRALITY
By: Lee Silberberg, Vol. 105 Staffer The FTC has broad authority under § 5(a) of the Federal Trade Commission Act to protect consumers from, “unfair or deceptive acts or practices in or affecting commerce[.]”[1] Under this grant of power, the FTC has the broad power to enforce against deceptive acts in a variety of fora…
Continue ReadingNOBODY WINS WITH SILENCE: WHY STATE GOVERNMENTS SHOULD LEVERAGE COVID-19 RELIEF TO DETER WORKPLACE GAG ORDERS
By: Frances Daniels, Volume 105 Staff Member INTRODUCTION The year 2020 has brought an unprecedented level of stress into the life of the average U.S. citizen;[1] a global pandemic, a highly polarized political election, civil unrest in the wake of the killing of George Floyd, and economic instability are just a few of the issues…
Continue ReadingDEFAMATION IN 280 CHARACTERS OR LESS: HOW DEFAMATION CASE LAW SHOULD EVOLVE TO HOLD POLICE ACCOUNTABLE FOR HARMFUL TWEETS
By: Eura Chang, Volume 105 Staff Member On June 1, 2020, people across the nation took to the streets to protest the murder of George Floyd at the hands of Minneapolis police and police brutality.[1] That same day, the Columbus Police Department (CPD), located in Ohio, posted a photo of a painted bus and a…
Continue ReadingACCESS DENIED: @REALDONALDTRUMP AND THE FIRST AMENDMENT
By: Emilie Erickson, Volume 105 Staff Member Although former-President Obama revolutionized using social media for political mobilization,[1] President Trump’s use evolved Twitter into a real political tool “fully integrated . . . into the very fabric of his administration.”[2] From claiming voter fraud[3] to announcing key foreign policy[4], President Trump has done it all on…
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