Our Online Journal features original pieces written and edited by our Online staff at Columbia. They are not representative of any views held by the Columbia Undergraduate Law Review Editorial Board.
On Monday, June 18th, 2018, the United States Supreme Court agreed to hear an appeal of Pepper v. Apple Incorporated, an intricate case questioning Apple’s monopolization of its App Store. Although this case may initially seem straightforward, legal principles and precedents make a compelling defense for Apple. If Pepper does reign victorious, the structure of the App Store will be radically altered to allow for increased consumer protection.
Read MoreDespite this rapidly changing age of technology, the legal system still remains inefficient, expensive, and bureaucratic, presenting troublesome difficulties when one must quickly resolve a family dispute. As demonstrated by a family dispute case from the Hague Institute for Innovation of Law (HiiL), “Dora tried to hire a lawyer, but she was turned down … because she could only spend 500 dollars on assistance. On a court website with 131 forms ... a social worker helped her to identify the five she needed. The key form had 33 boxes she could tick…”[1]
Read MoreMasterpiece 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.
Read MoreMasterpiece 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. He also claimed that by creating a wedding cake, he would be using his artistic skills to create speech that endorsed same-sex wedding marriage. The gay couple subsequently filed a civil rights complaint with the Colorado Civil Rights Commission pursuant to the Colorado Anti-Discrimination Act.
Read MoreIn 1982, the case Plyler v. Doe nullified a Texas statute designed to deny public education to undocumented children. In Plyler, the Supreme Court rejected the argument that the statute furthered a compelling government interest by ostensibly deterring illegal entry and reserving education funding for legal residents. In his opinion, Justice Brennan noted the importance of education and the adverse implications of withholding it, while stating that “legislation directing the onus of a parent's misconduct against his children does not comport with fundamental conceptions of justice.”[1]
Read MoreOver the past decade, companies such as Uber, Grubhub, and TaskRabbit have disrupted pre-existing markets and transformed the dynamics of the U.S. economy. By developing Internet-based platforms, they have matched the skills of workers with the customers in demand for certain services, enabled workers to partake in short-term engagements, and established hands-off relationships between employers and workers. Changing the structure of the economy as we know it, these companies have given rise to the emerging “gig” economy, a labor market with over 600,000 U.S. workers that has flourished and only shows promising future growth.[1]
Read MoreThe Federal Arbitration Act (FAA) was created by Congress in 1925 in order to validate the enforceability of arbitration agreements. These agreements are informal, streamlined adjudications that were intended to resolve disputes by replacing the cumbersome trial process.[1] While this concept appears relatively clear-cut, there have been numerous instances of litigation surrounding the validity and enforceability of mandatory arbitration. What seems to be a simplified resolution process has instead become a dangerous obstacle wherein the rights of consumers to take companies to court via lawsuits are limited.
Read MoreThe First Amendment of the U.S. Constitution states that “Congress shall make no law...abridging the freedom of speech.”[1] The Supreme Court has typically interpreted the term “speech” to incorporate a broad range of expressions, including the use of Internet.[2] However, the increasing use of the Internet and social media sites has led to debate as to what constitutes free speech in the digital age and if digital platforms should be made accessible to the entire public. Currently, Facebook’s accessibility to the public has been contested in relation to the right of sex offenders to use the site, as limiting their access conflicts with freedom of speech protected under the First Amendment.
Read MorePrivate Danny Chen was only 19 when he committed suicide nine months after joining the Army. From the beginning of his training, Chen experienced hazing as the only Chinese-American in his unit. He was forced to do excessive physical punishment, called “chink,” “dragon lady,” and other racial slurs, physically abused, and ordered to shout commands in Chinese. Days before his death, Sergeant Adam Holcomb dragged Chen out of bed and across the outpost, an instance of maltreatment that left Chen contemplating suicide.
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