Online Journal — Columbia Undergraduate Law Review

In May, the Supreme Court heard two cases on whether presidential electors can be legally required to follow their state’s popular vote. Colorado Department of State v. Baca and Chiafalo v. Washington concern electors in Colorado and Washington State, respectively, who broke state law by casting their ballots for someone other than 2016 Democratic Presidential Nominee Hillary Clinton, who won the popular vote in both states in the 2016 election. Such electors who are pledged to vote for a certain candidate by state law but vote otherwise are known as “faithless electors.”

Angela YeJune 15, 2020Supreme Court, electoral college, faithless electors

The Abrogation of Article 370 and the Fate of Kashmir: Can States Stop Being States?

Nestled between India and Pakistan, Kashmir has been involved in a tug of war between the two countries since its formation on October 26, 1947. As a Muslim majority state which acceded to India, a Hindu majority nation, Kashmir was given special status and considerable autonomy as conditions to this accession. For years, this arrangement allowed Kashmir to preserve its cultural autonomy. However, on August 5, 2019, the Indian government revoked this special status, rendering Kashmir’s constitution invalid and demoting it from the status as a state to that of a union territory.

Anonymous WriterJune 8, 2020constitution, Constitutional law, Kashmir, India, Article 370

Vicarious Liability in Modern Data Regulation

The GDPR has broadly introduced more extensive laws regarding how personal data is defined as well as how firms process and store data personal data, ultimately giving the owner of the data more agency over how it is used. In light of this law coming into force, firms have been reviewing their data protection procedures. However, some firms fail to realize this is not enough to protect them from liability in data breaches.

fall 2019Zara TayebjeeJanuary 29, 2020data, privacy, Europe, employersComment

The Aloha Poke Case: When Trademarks Facilitate Misappropriation

Similar cases demonstrate a double standard in which other words that are common to a Western lexicon are considered “generic” and do not receive trademark protection. This discrepancy between how minority groups in the U.S. and the USPTO evaluate generality indicate that our legal system is not currently equipped for the handling of culturally charged intellectual property.

fall 2019Sophie LeeJanuary 29, 2020Comment

Analyzing the Defintion of Terrorism in the 21st Century

From Charleston to El Paso, recent violent actions that are similar in politics, intent, and carried out by white, right-wing perpetrators are unrecognizable by law as terrorism; in our post-9/11 world, they are defined as hate crimes. How does this legal ‘sleight of hand’ transform these violent, political crimes?

fall 2019Pagona KytzidisJanuary 27, 2020terrorism, hate crime, legal theory Comment

Timbs v. Indiana: A New Precedent on Civil Forfeiture

Timbs reflects the changing dynamics between law enforcement and private citizens, and reveals the challenging issues surrounding drug policy and law enforcement. Timbs v. Indiana holds the potential to create healthier interactions between law enforcement and private citizens.

fall 2019Lorenzo Thomas GarciaJanuary 27, 2020Civil forfeiture, property law, incorporation, Supreme CourtComment

Rosenbach v. Six Flags Entertainment Corp.: Implications for the Right to Biometric Privacy

Rosenbach v. Six Flags Entertainment Corp. (2019), reached the Illinois Supreme Court on appeal. Importantly, the court was not deliberating on the constitutionality of the law itself, but instead on questions over the correct implementation of the law. Nonetheless, Rosenbach sets a precedent in biometric privacy law that could be a deciding factor in a related biometric privacy case likely to be brought before the Supreme Court.

fall 2019JiHoon KoJanuary 24, 2020Biometric Information, Privacy Law, Illinois Supreme Court, BIPAComment

The Internet as a Place of Public Accommodation: Are Business Websites Required to Be ADA Compliant?

While businesses cite costs of accessibility and legal fees as reasons to not ensure their sites’ ADA compliance, it is crucial to consider lawmakers’ intentions when evaluating relevant cases. In order to achieve the ADA’s initial intent to ensure full inclusion of Americans with disabilities, especially in the age of technological advances, local and federal courts must rule that the ADA does indeed apply to business websites, particularly when they are providing a service available to the general public.

fall 2019Katy BrennanJanuary 24, 2020Accessibility, ADA, Accommodation, Internet, BusinessComment

Pitfalls and Promises of the Alien Tort Statute: In Pursuit of Corporate Accountability

Given the increasing magnitude of the U.S.-China relationship, it is worth examining the implications of these rulings, as well as the Court’s asserted interest in diplomacy, against the backdrop of the ongoing U.S.-China trade war. A closer look at this diplomatic breakdown suggests that whether the ATS retains its remaining strength or not, the federal government ought to be prudent in weakening legal means to enforce corporate accountability, especially when consequential bilateral relations are at stake.

fall 2019Jessica LinJanuary 22, 2020Alien Tort Statute, human rights, international law, corporate accountabilityComment