Online Journal — Columbia Undergraduate Law Review

Dynamex and Gig Worker Classification: Only a California Dream?

Gig economy worker classification has become a major political issue, and the California Supreme Court’s 2018 decision in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County in favor of a delivery driver appeared to have generated a key turning point in the controversy. While the ruling created a more favorable threshold for independent contractors seeking to be reclassified as employees, this article will argue that the Dynamex decision was largely made possible by idiosyncrasies of the California legal system and that labor advocates’ hopes of similar changes at the federal level will likely require Congressional action.

fall 2019Mark GyourkoNovember 14, 2019Comment

Whose Stairway? Led Zeppelin Copyright Case Returns to Ninth Circuit

As Skidmore v. Led Zeppelin weaves a circuitous path through the courts, its final ruling will carry significant implications for both copyright law and the music industry. Nevertheless, the confusion and disagreement among courts in previous decisions on the Led Zeppelin case exemplify recurring problems in music copyright law that should be resolved: namely, jurors are often given imprecise instructions on interpreting music and it is unclear what constitutes as an infringement of a song.

fall 2019Angela YeNovember 14, 2019Copyright, music copyright, Led Zeppelin, Intellectual PropertyComment

Espinoza v. Montana (2019): Should My Public Tax Dollars Pay for Your Religious Private School Education?

Founding Father Thomas Jefferson interpreted the First Amendment as the building of a wall between church and state. Reynolds v. United States (1878), a Supreme Court of the United States case that outlawed polygamy, affirmed Jefferson’s interpretation that the objective of the establishment clause of the First Amendment was to establish a clear separation between church and state. Although this intention was clarified, the Court has since continuously struggled to define what this separation entails and how to properly identify the scope of the freedom of religious expression.

fall 2019Rachel HalpernNovember 14, 2019Religious Education, Establishment Clause, Espinoza, First Amendment

Retroactive Verdicts: The Future of Criminal Justice Reform?

On October 16, 2019, the Supreme Court of the United States heard Mathena v. Malvo, a complex case with the potential to completely reform the criminal justice system. While a multitude of recent cases have addressed life without parole, Malvo’s case is unique because it implicates the use of retroactive verdicts in criminal justice cases. If the Court rules in Malvo’s favor, it would open the door to thousands of criminal justice cases being revisited due to their now-unconstitutional sentencing practices.

Social Media in Civil Law

Online content provides valuable evidence to all kinds of civil cases, including, but not limited to, divorce cases and accident cases. But obtaining that evidence often clashes with the legal right to privacy. While the issue of online evidence has begun to be addressed in several civil cases, the law must continue to adapt to accommodate confrontations between the right to privacy and the growing online domain.

summer publishing 2019Rachel HalpernNovember 7, 2019civil law, social media, privacy, discovery, spoliationComment

Deregulation Nation: The Cost of Ignoring the Courts on Regulating Media Broadcasting

A wide array of perspectives and commentators in news ensures a higher chance of a well-informed, politically balanced population. Though the U.S. Supreme Court has historically supported this sentiment by backing the FCC and its regulations, the FCC’s recent shift towards deregulation, its increasing alliance with large media conglomerates, and its continuing disregard for judicial instruction bode ill for consumers of American news media today.

summer publishing 2019Ilina LoganiNovember 7, 2019media, news, broadcasting, deregulation, FCCComment

Has the College Board Found a Way to End the Controversy Behind Affirmative Action?

While the College Board’s intention is to contextualize an applicant’s relative performance on their SAT exam, the role that Landscape plays in admissions processes is left up to individual institutions. As a result, this new process raises new concerns regarding affirmative action, a set of policies aimed at decreasing discrimination in employment and education, something the Supreme Court has struggled to establish a clear framework for.

Katy BrennanNovember 7, 2019affirmative action, College Board, strict scrutiny, diversity, college admissionComment

Not One Centimeter: President Bolsonaro’s War on Indigenous Rights

As the current president of Brazil, Bolsonaro maintains his rhetoric that allowing indigenous tribes to occupy territory— to which they hold exclusive rights—is tantamount to economic suicide. Under his administration, the Amazonian tribes are in danger of losing all of their ancestral lands and being forced to assimilate into Brazilian society, to line the pockets of gold and diamond mining companies.

Matthew SchwitzerNovember 7, 2019indigenous rights, Brazil, Jair Bolsonaro, Amazonian tribesComment

Legal and Biological Borders: Citizenship Consequences for Children of Same-Sex Couples

The Dvash-Banks case illuminates how the State Department abuses bureaucratic policy to prefer children biologically related to both married parents and how the government manipulates citizenship law to enforce heteronormativity within the American nation state.

Sasha HochmanNovember 7, 2019LGBT rights, immigration rights, citizenship, marriage equality, United StatesComment