Snyder v. Phelps: Has the First Amendment’s Freedom of Speech Gone Too Far?

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By: Derek Jiang ‘25

As Justice Harlan once wrote, the “constitutional right of free expression is powerful medicine in a society as diverse and populous as ours” and produces “a more capable citizenry and more perfect polity.” Grounded in the First Amendment, the freedom of speech is a cornerstone of our country and allows society to engage in robust debate over important issues in the great experiment that is democracy. However, no freedom is absolute, and this includes the freedom of speech. From the incitement of “imminent lawless action” to “falsely shouting fire in a theater,” the Court has long recognized that the First Amendment does not protect certain classes of unprotected speech., While it is generally agreed upon that there are some situations where speech can and must be curtailed, the precise limits of the First Amendment are not always so well-defined. One such case in the First Amendment’s “gray area”—⁠testing the limits of freedom of speech—is Snyder v. Phelps (2011). 

Antitrust and Labor Disputes in the MLB, NFL, and NBA

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By: Evan Hammer ‘24

Millions of people watch professional sports every day, and most take for granted the immense impact that antitrust legislation has had on each league. This paper will explore how various court decisions have altered the MLB, NFL, and NBA, as well as examine the ways in which labor disputes have played a role in progressing leagues into the modern era. But before examining the legislation that has taken place in each league, I am going to briefly cover the rich history of antitrust and labor law in the United States. Antitrust law is analogous to anti-competition law, designed to preserve economic liberty by promoting competition among firms. Within a market, more competition generally leads to lower prices for consumers, and Congress has passed three acts that prevent firms from conspiring to raise prices.  

Unbusting American Unions

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Administrative, Policy

By: Max Fattal ‘25

Unions are good for workers, good for the country, and necessary to make the economy work for the middle and working class. At the same time, they’ve been completely eradicated out of many major U.S. sectors. Studies have shown that unions reduce income and wealth inequality for members and non-members alike. Therefore, it should be no surprise that as union membership has declined over the last 60s, income inequality has become substantially worse. This is no accident, and it's not for lack of support; unions are failing despite a rising approval rating well above 70%. It is a result of a concerted and consistent push against unionization on multiple fronts that has succeeded in preventing millions from joining unions and millions more from reaping the benefits. This paper attempts to examine why unionization has staggered through an examination of its laws. First, it looks at the history of union litigation and NLRB jurisprudence. Next, it examines contemporary union law, how its limitations allow for busting and how its enforcement fails to discourage violations. Finally, it examines solutions, both in reversions to past policies and through evolutions into new territory.


Hindu Caste Hierarchy Discrimination Lawsuits

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Constitutional

By: Pranathi Charasala ‘25

Introduction

B. R. Ambedkar, father of the Indian Constitution, famously argued that the caste system is an inherently Hindu practice and has long been crucial to a Hindu identity. It has governed familial relationships, diets, and occupations. The caste system includes four varnas, or castes: Brahman, Kshatriya, Vaishya, and Shudra. The Brahmans (priests) are the highest caste, followed by the Kshatriyas (kings, soldiers, etc.), Vaishyas (merchants), and the Shudras (laborers, peasants).

Anti-Homeless Legislation in the United States Violates International Human Rights Law

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Constitutional, Policy, Civil

Sam Ross ‘25

I. Introduction

The “criminalization” of homelessness refers to “measures that prohibit life-sustaining activities … in public spaces.” Legislation includes laws “that make it illegal to sleep, sit, or store personal belongings in public spaces in cities where people are forced to live in public spaces.” The criminalization of homelessness in America dates back to the colonial era; anti-vagrancy laws in the eighteenth and nineteenth centuries prohibited the very existence of “wanderers.” Colonial governments wanted to limit the amount of people traveling long distances to find work to keep them from taking advantage of the taxpayer-funded social safety net.

Ambiguity of the Shadow Docket

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Constitutional

Glenna Li ‘24

I. Introduction

“Shadow docket” cases enable the Supreme Court to hear time-sensitive cases that, if not promptly decided on, would significantly alter the status quo for parties involved. Its nebulous name derives from the frequent occurrence of shadow docket decisions being released late at night in the form of terse, one to two sentence summaries.1 Due to their urgent nature, shadow docket cases do not require the traditional legal procedures “merits docket” cases undergo, such as oral argument, full briefing by multiple parties, and lengthy, signed opinions. The Court has increased its volume of shadow docket cases in recent years, which has raised concern regarding the structure, impact, and processes of legal decision-making.

Testing Jackson’s Hypothesis

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Constitutional, Administrative

By: Joaquin Suriel ‘25

I. Introduction

The purpose of this article is to give a brief introduction into the history and legal jurisprudence behind the landmark ruling in Youngstown Sheet and Tube Co. v. Sawyer. Special attention will be put on Justice Robert H. Jackson’s concurring opinion. Although a bit of a truism, his tripartite framework serves as an excellent lens to look through when assessing presidential power. His reasoning is clear and concise, and allows everyday citizens of the United States to engage in and formulate opinions about the judiciary, as his logic is straightforward. Special attention will be paid to George W. Bush, Obama, and Trump administrations, as partisanship has grown and gridlock has become the norm under their tenures. Several cases will be examined in which the president took a broad reading of his powers established in Article II, and how Justice Jackson’s framework can be applied to illuminate judicial reasoning as it pertains to the scope of presidential power.

Twenty-Five Years Overdue: Reform Act 230 of the 1996 Communications Decency Act

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Technology, Policy, Constitutional

By: Alex Herazy ‘25

I. Introduction and Overview of the 1996 Communications Decency Act

At the time of writing, yet another Facebook scandal just erupted—this time, the “Facebook Papers.” In recent months, explosive allegations from ex-Facebook employees turned whistleblowers, like Frances Haugen, have internally rocked the company. Haugen recently appeared on Capitol Hill to testify about her alleged charges of Facebook’s wrongdoing and deception. In addition to these allegations, Facebook is also battling an antitrust lawsuit filed by the Securities and Exchange Commission (SEC). For background, Facebook Inc. is the parent company of several major subsidiaries, most notably messaging app WhatsApp, social media platform Instagram, and virtual gaming company Oculus VR.

20,000 Leagues Under the Sea: Who Should Adjudicate Polymetallic Nodule Mining Disputes?

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Administrative, Technology

By: Maral Asik ‘24

I. Introduction

Earth’s resources are rapidly depleting, and as a result humans are forced to look in increasingly remote places to access the resources necessary to maintain current consumption levels. As countries use more of their resources, they begin to look into the gold-mine of untapped resources located in international territory. When environmental damage occurs within a country, the intragovernmental judicial process typically decides what the consequences are. It is less certain, however, who holds states and corporations responsible for environmental harms caused in international territory, meaning the trans-boundary waters where no country has jurisdiction. This question is crucial for understanding the controversial issue of mining polymetallic nodules: a precious resource found primarily in international waters.

A Distorted Perception of the Criminal Justice System: The Effects of Crime Television and Media

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Criminal, Technology, Policy

By: Kaitlyn de Armas ‘25

I. Introduction

As technology becomes a more integral part of quotidian life, it is almost inevitable that it coalesces within society. More than a basic physical dependence, the media and fictionalized television dramas are changing the way people perceive the world around them, altering the processes of thinking, political preferences, and cognitive ability. 1 With the increasing popularity of fictional realism, the portrayal of events and worlds that resemble real life,2 it is becoming increasingly challenging for avid viewers to distinguish reality from its scripted, TV counterpart.3 Furthermore, this blur of a false reality is only progressing through the increasing popularity of crime dramas. Feeding into the primary human attraction and fascination with fictional realism, crime themed TV shows have developed into a massive market, outnumbering every other drama subgenre and holding records among the most watched series on TV. 4 With the false and eccentric portrayal of the criminal justice system extending its reach across wider audiences, its effects are becoming more notable, as the public’s modified standard for the criminal justice system is now set by an impractical level.