SOVEREIGN CITIZENS: SITTING ON THE DOCKET ALL DAY, WASTING TIME
By: Calvin Lee, Volume 106 Staff Member Sovereign Citizens: a riddle, wrapped in a mystery, inside an enigma. The once-isolated political sect has ballooned to over 300,000 followers, and the rapid proliferation of their pseudo-legal ideologies is severely compromising court efficiency.[1] Sovereign Citizens’ abject refusal to stipulate to even the most basic tenets of the…
Continue ReadingTHE FINAL WHISTLE FOR AMATEURISM: NCAA AND ANTITRUST
By: Adler Pierce, Volume 106 Staff Member An amateur, as defined by the National Collegiate Athletic Association (NCAA), “is someone who does not have a written or verbal agreement with an agent, has not profited above his/her actual and necessary expenses or gained a competitive advantage in his/her sport.”[1] The concept of “amateurism” has been…
Continue ReadingA HARD PILL TO SWALLOW: PURDUE PHARMA AND THE FUTURE OF THIRD-PARTY RELEASES IN BANKRUPTCY COURT
By: Marine Loison, Volume 106 Staff Member I. INTRODUCTION The Sackler name has been synonymous with the opioid crisis in the United States. Now, it has also become a household name in Bankruptcy Court.[1] On December 16th, 2021, Judge McMahon answered the “great unsettled question” of Bankruptcy Court’s statutory authorization by granting non-consensual release of third-party…
Continue ReadingEXEMPTING THE FAMILY BIBLE: WITH LIBERTY AND JUSTICE FOR ALL (VALUES AND RELIGIOUS TEXTS)?
By: Kaylyn Stanek, Volume 106 Staff Member A primary justification for the U.S. consumer bankruptcy system is giving debtors a fresh start.[1] Although one might assume an individual must exchange all of their assets in exchange for moving forward, this is not true. The Bankruptcy Code[2] and Minnesota law[3] provide “exemptions” that curb a creditor’s…
Continue ReadingA PUBLIC HEALTH EMERGENCY SHOULD NOT BE ABUSED: HUISHA-HUISHA v. ALEJANDRO MAYORKAS SHOWS THE ILLEGALITY OF TITLE 42 POLICY
By: Xiaoyuan Zhou, Volume 106 Staff Member On January 19, 2022, the Court of Appeals for the D.C. Circuit heard oral argument in Nancy Huisha-Huisha v. Alejandro Mayorkas.[1] The case is about whether the public health laws under 42 U.S.C. § 265, often referred to as the “Title 42 Policy,” grant the Center of Disease…
Continue ReadingA KNIGHT’S REVOLT AGAINST THE CASTLE: ANSWERING THE BIPA CLAIM ACCRUAL QUESTION
By: Zach Robole, Volume 106 Staff Member The inability of our legislatures to keep up with the boom of Internet technology has forced a conversation about privacy to the forefront of American discourse.[1] Unfortunately, even when state or federal legislatures do attempt to regulate a new technology to protect privacy rights, their solutions often contain…
Continue ReadingOMICRON V. OSHA: THE NEED FOR PERMANENT MEASURES TO HELP EMPLOYERS AND EMPLOYEES MANAGE THE PANDEMIC SAFELY
By: Ayesha Mitha, Volume 106 Staff Member On January 13, 2022, the United States Supreme Court dealt a blow to the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) for large employers. The decision put the ETS on hold indefinitely.[1] Among other things, the ETS mandated that all businesses with 100 or more…
Continue ReadingCLIMATE V. THE COURT: HOW WEST VIRGINIA V. ENVIRONMENTAL PROTECTION AGENCY WILL IMPACT THE NEXT GENERATIONS
By: Helen Winters, Volume 106 Staff Member This Supreme Court term has so many high-profile cases, ranging from abortion to gun rights to vaccines, that West Virginia v. Environmental Protection Agency has received little attention.[1] The number of landmark cases this term could make it one of the most consequential terms in history. West Virginia…
Continue ReadingNO WORKING FORUMS: HOW THE SUPREME COURT SHOULD RULE IN VIKING RIVER CRUISES, INC. v. MORIANA TO PROTECT EMPLOYEE RIGHTS
By: Ben Parker, Volume 106 Staff Member Employers and employees have had a tumultuous relationship over the course of recent American history.[1] One change was the rise in arbitration after the passage of the Federal Arbitration Act (FAA) in 1926. The FAA permits employees and employers to use arbitration to resolve controversies when an employee…
Continue ReadingIT’S THE ONES YOU LEAST EXPECT: COLORADO AND CALIFORNIA LAG BEHIND IN PROTECTING EMPLOYEES’ OFF-DUTY MEDICAL MARIJUANA USE
By: Andrew Eggers, Volume 106 Staff Member In 2021, both New York[1] and New Jersey[2] joined the growing number of states which offer employment protections for workers engaging in legal, off-duty medical marijuana consumption. Conspicuously, two pioneering states of legal marijuana use—Colorado and California—remain absent from the list of states offering employment protections to employees…
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