Posts tagged supreme court
Law, Normativity, and Violence

By living and aging in the United States, many Americans assume the goodness, the neutrality, and rationality of law. Some even judge the morality of others based on their adherence to these legal regulations, without critiquing the merits or source of the law itself. Others recognize that some laws unequivocally create unjust worlds and resist them actively. Few, however, question the very nature of law as a systemic means of regulating and organizing the social Normative, arising not from objective and liberal ‘truth’, but from “a human desire for reliability and pattern that protects a finite being from a chaotic world.”

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Axed at the Top: The Case for Modernizing our Age Discrimination Laws

This question posed by Mount Lemmon Fire District v. Guido is a microcosm of a much bigger issue. In recent years, the United States Supreme Court has been frequently tasked with filling in the holes left by incomplete legislation, a task of interpretation that readily encroaches on the law-writing duties entrusted to the Congress by the Constitution. Especially in the area of age discrimination regulation, the task of flushing out crucial details has been relegated to the courts.  In order to properly understand this issue, some terms need to be defined.

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Restricted Knowledge on Jury Nullification and its Repercussions

Jury nullification is evidently a power exercised by jurors. The question remains how jurors can become informed of this right without facing legal punishments for attempting to influence a jury. Today, because of unclear and incomprehensive rulings on jury nullification, citizens have been arrested and charged with jury tampering when informing jurists of their de facto right to question a law.

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Animal Science Products v. Hebei Welcome Pharmaceuticals - An Analysis

A major reappraisal of the U.S.-China trade relationship may have begun in the supplements aisle of your local health food store. The U.S. Supreme Court’s unanimous decision in Animal Science Products Inc. v. Hebei Welcome Pharmaceutical Co. 138 S. Ct. 1865 (2018) settled an international dispute spanning more than a decade over the sale of vitamin C supplements and the procedures for interpreting foreign law in U.S. federal courts.

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Locked Away for Life: Juvenile Life Without Parole in the American Criminal Justice System

While the Miller and Montgomery rulings have put the state of juvenile life without parole sentences under heavy scrutiny, their effects have not been uniform across the country. Although states such as Iowa and Kansas have deemed life without parole sentences as unconstitutional and have even limited mandatory minimum sentences for juveniles, twenty-nine states have maintained their rights to these inhumane sentences. I

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The Role of the Judiciary in American Elections

Although the 2018 Midterm Elections were held on November 6, not every race was called by the end of the night. Some elections had results that were too close to call, mechanical and technological issues with voting machines, or provisional ballots left uncounted. In the gubernatorial race in Georgia, the certification of election results was delayed by a federal judge after concerns about the state’s voter registration system and the counting of provisional ballots was brought to the court’s attention.

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The Constitutionality of Hate Speech: Why it is a Necessary Evil on College Campuses

On February 1, 2017, over 1,500 UC Berkeley students gathered at Sproul Plaza to protest the speech of the notorious conservative Milo Yiannopoulos. [1] Known for his anti-Semitic sentiments, anti-feminist critiques, and alt-right stances, his invitation to speak at Berkeley was a momentous decision to uphold a free marketplace of ideas: a First Amendment philosophy that an unregulated circulation of ideas, instead of speech censorship, will contribute to the prevailing of truth.

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Masterpiece Cakeshop’s Failure to Establish Legal Precedent Allows Discrimination Against the LGBTQIA+ Community

Masterpiece Cakeshop LTD v. Colorado Civil Rights Commission was a 2012 case from Lakewood, Colorado that pits First Amendment rights to speech and religion against anti-discrimination legislation. This case originates with a baker, Jack Phillips, who refused to create a wedding cake for a gay couple. Phillips told the couple that he did not create wedding cakes for same-sex couples because of his religious opposition to same-sex marriage and because Colorado, at the time, did not recognize same-sex marriages.

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Korematsu and the Muslim Ban: The Legal Consequences of Unchecked Executive Power

 In 1942, Fred Korematsu was arrested on a street corner in California. His crime was refusing to evacuate to an internment camp and comply with President Roosevelt’s Executive Order 9066. Under the executive order, over 120,000 men, women, and children of Japanese descent were forced to relocate from their homes on the coasts to remote camps inland; they had been deemed a “national security threat” after the attack on Pearl Harbor in 1941. [1] Korematsu was the first man to legally challenge the order in Korematsu v. United States.

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Protecting Your DNA: The Unraveling of Privacy in Genetic Testing

When one saliva sample can reveal anything from a customer’s hair color to their risk of Alzheimer’s, it is understandable that each individual would want to protect this information. GINA’s broad jurisdiction in the workplace and in health insurance as well as constitutional rights to privacy provide such security; but holes in GINA’s jurisdiction and a lack of court precedent also remind us that genetic privacy is not guaranteed.

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