By: Caitlin Gallagher ‘26
Volume IX – Issue II – Spring 2024

I. Introduction and Background

If you are an avid sports fan or even just a casual enjoyer of watching games, odds are you have been exposed to an ad for sports betting. Through online sports betting companies like DraftKings and FanDuel, users can create multi-leg bets on multiple aspects of a game (this is called a parlay), place micro-bets as games are happening live, bet on the outcome of the game itself, and bet on “pools,” which is betting on multiple outcomes against competitors. [1[. Harry Levant, a former gambling addict turned addiction therapist, says that sports betting has created a glaring public health crisis. [2] In a CBS 60 Minutes interview, Joe Ruscillo, another former gambling addict, exposes this crisis with his own story, recalling how his addiction began in high school when he began putting his weekly paychecks directly into whatever sports betting app he was using. He would set alarms in the middle of the night to bet on international matches, as he “would place a bet on anything, anytime, anywhere.” [3] He now only owns a flip phone in order to avoid any temptation to redownload the apps that controlled his adolescence. Ruscillo’s comments point to one of the biggest problems with online sports betting - the twenty-four hour a day availability of bets on everything, including sports matches that he never would have cared about otherwise.

By: David Epega ‘26
Volume IX – Issue II – Spring 2024

The concept of the death penalty long predates modern societies and can be traced back to ancient civilizations. The United States can find the roots of its death penalty history in the 17th century when it was still the early British colonies. From there, the use of the death penalty would change over time with new policies being enacted to either increase its usage or attempt to retire the practice. I assert that judicial killings such as the death penalty and the laws behind are intrinsically tied to racism in the early 20th century after the end of slavery. To elaborate on my claim, I will first explain the United States’ history with death penalty laws up to the modern day, then connect that history to race relations in the country. Afterward, we can thoroughly reconcile this reality and evaluate the necessity of maintaining death penalty laws in their current state, taking into account their historical context.

By: Noah Duguma ‘26
Volume IX – Issue II – Spring 2024

Introduction

Indigenous peoples all over the world are renowned environmental stewards. From the Orang Asli of Malaysia to the Sioux of the Northern Great Plains, the Arawak in Suriname to the Oromo of the Great Rift Valley, indigenous peoples might make up only 5 percent of the global population, but they conserve 80 percent of the world’s biodiversity. [1] When compared to the comparatively modest records of conservation non-indigenous governments have, this makes the achievements of such a small part of the world’s population all the more impressive. How have indigenous peoples been able to live in such harmony with nature and still sustain themselves? What methods do indigenous peoples use to manage the environment around them? With the impending climate disaster, governments across the world can benefit greatly from incorporating Indigenous ways of thinking into natural resource management.

By: Marisa Cefola ‘26
Volume IX – Issue II – Spring 2024

Introduction

When Americans launch an account with a given social media application, often, they are asked to check a box indicating they understand the application’s Terms and Conditions. These terms include permissions users give, such as permission for an app to access a user’s personal information. For example, Instagram’s Terms of Use include a clause stating that users must grant the app access to their username, profile picture, and any information related to user engagement – such as likes or follows – to tailor advertisements and other sponsored content [1]. Meta’s Privacy Policy more specifically states that they collect similar information, however, they also record email addresses, phone numbers, instant messages, information about the device a user is logged in from, and information from third-party websites a user visits. Most notably, Meta provides all of this information to government and law enforcement agencies at their “legal request” [2].

By: Lorenzo Blanco ‘27
Volume IX – Issue II – Spring 2024

I. Introduction

The state of Hawai’i has a long history as “the island paradise” of the United States and one of the biggest tourism capitals of the world, where travelers can indulge in a host of luxury hotels, spas, outdoor tours, cuisine, and more. With an unprecedented influx of people from across the world moving to Hawai’i, the islands have become overwhelmed. Their efforts to accommodate these new residents as well as the exponentially increasing waves in tourism have come at the expense of Hawai’i’s Indigenous and native population, with rapid gentrification and the dedication of resources and infrastructure being prioritized for resorts and affluent communities across the islands. In recent history, it has become increasingly evident that the influence of settler colonialism on the Hawai’ian Islands has remained intrinsic to its statehood, from the kingdom’s original annexation to its present day socioeconomic and environmental struggles. The case of Navahine v. Hawai’i Department of Transportation is an example of Hawai’ian youth activists taking a stand against the federal government by filing suit against the state’s Department of Transportation, saying that “the establishment, operation, and maintenance of Hawai‘i’s fossil fuel-based transportation system violates the Hawai‘i Constitution’s public trust doctrine and right to a clean and healthful environment.” With a trial date set for the summer of 2024, this evolving case could be a significant win - or devastating loss - for Hawai’ian youth activists and the islands’ native people amidst the growing resistance to modern day settler-colonial practices as well as environmental degradation.

By: Saatvik Amravathi ‘26
Volume IX – Issue II – Spring 2024

I. Introduction

It is unusual to find the Governor of California and the Mayor of San Francisco agreeing with their counterparts in conservative bastions like Arizona and Idaho. However, the issue of homelessness has created a rare and confusing bipartisan alliance. [1] While it is understandable that local governments would desire more power and lee-way when it comes to enforcement, it is strange that local electorates have bought into this concern, not only rallying around ballot measures and cases that seek to expand “police powers” but also voting in critical reversals of progressive policing, encampment, and drug laws. In response, news outlets such as the Seattle Times and San Francisco Chronicle ran their own versions of a “Progressivism is dead” headline, characterizing changing headwinds as voters rejecting progressivism writ large. [2,3] However, the story is more complex and should be understood through a combined legal and political lens. Changing headwinds are a result of an age-old conflict between the idealism of courts and the constraints of cities, the push for civil liberties and the need for crisis management, and the reliance on perception versus data in informing public policy.

By: Allison Wong ‘27
Volume IX – Issue I – Fall 2023

I. Background

On May 20th, 2021, the COVID-19 Hate Crimes Act was signed into law by President Biden with bipartisan congressional support. [1] The Act included increasing support for Justice Department initiatives, establishing hotlines, bolstering reporting systems, accumulating more accurate data, and encouraging public education. [2] Although these measures established a degree of solidarity with the Asian American & Pacific Islander (AAPI) community, the Act’s lack of specificity, reactive rather than proactive solutions, and limited legal implications ultimately hindered its potential to enact systematic change in response to previous crises.

By: Yuvraj S. Tuli ‘25
Volume IX – Issue I – Fall 2023

“The events of January 6, 2021 marked the most significant assault on the Capitol since the War of 1812.” Judge Patricia Millet [1]

“Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings” Justice Ketanji Brown Jackson [2]

Introduction

January 6, 2021 marked the most significant and tragic days in the history of the United States. A mob “professing support for then-President Trump violently attacked the United States Capitol” with the intent to corruptly prevent Congress from convening in a Joint Session to fulfill its duties to certify the 2020 electoral votes for President and Vice President. [3] The events of January 6 did not start from a rally the hours before the attack, it started on election night in 2020. Attorney General Merrick Garland appointed Jack Smith as special counsel to investigate in part “whether any person or entity violated the law in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021.” [4]

By: Nicolas V. Torres ‘26
Volume IX – Issue I – Fall 2023

Introduction

Following a stint in debtor’s prison for an amount of £17,000, English novelist and merchant Daniel Defoe wrote his first notable publication titled An Essay Upon Projects (1697). His work proposed improvements to England’s social and economic well-being by commenting on subject matters ranging from the repair of highways to the proposal of a national pension office. [1] Defoe even included a chapter most salient to his personal life, where he admits that "No man has tasted differing fortunes more, And thirteen times I have been rich and poor"—a testament to his knack for fortune and insolvency. [2] His chapter, "Of Bankrupts," admits to the foolishness of debtors, but also advocates for a new system in which debtors are given a reasonable opportunity to repay their creditors. Within his discourse, Defoe identifies two types of debtors: [3]

By: Sean Sung ‘27
Volume IX – Issue I – Fall 2023

I. Introduction and the Background on Google’s Recent Antitrust Case

On January 24th, 2023, The United States Department of Justice (DOJ) brought a federal antitrust lawsuit against Google LLC, accusing Google of monopolizing three markets: the website ranking market, the search advertising market, and the search engine market. Corresponding states like New York, California, Connecticut, Virginia, Tennessee, Texas, and others are suing along with the DOJ. [1] Such lawsuits have also brought private plaintiffs to sue Google for roughly the same topic. The European Commission has already ruled that Google illegally maintained its monopoly, and the General Court of the European Union backed the Commission’s decision. The DOJ cites that Google holds around 85% of the search engine market as the impact of these anti-competitive practices. [2] The DOJ cites Section 2 of the Sherman Antitrust Act of 1890. In the United States, it is not illegal to have a monopoly, and it is not illegal to raise prices because of a monopoly because innovation and actions that benefit the market and consumers can lead to monopolistic tendencies. The government does not want to limit such innovation. In other words, it is not illegal to be dominant if the company is better than its competitors. However, Section 2 of the Sherman Antitrust Act prohibits maintaining monopolies through exclusionary conduct and anti-competitive practice. The DOJ claims that Google’s contracts with original equipment manufacturers, like Apple, LG, Samsung, and Motorola, with Internet Service Providers, like AT&T, T-Mobile, and Verizon, and browser developers, like Mozilla, Opera, and UCWeb, to keep Google as the primary search engine on all products is anti-competitive in nature and is illegal. [3] This Google antitrust case is most similar to Microsoft’s antitrust case in 2001, since Microsoft was sued by the DOJ for also maintaining an illegal monopoly through restrictive deals with original equipment manufacturers to install Windows as the primary operating system on newly produced equipment. [4] In this article, we will cover market and legal definitions, the Microsoft antitrust case, its relation and detail with the Google antitrust case, and the weakness of the Sherman Antitrust Act of 1890.

By: Ria Sodhi ‘25
Volume IX – Issue I – Fall 2023

The U.S. Supreme Court declared in Terry v. Ohio in 1968 that police may stop and frisk a citizen if they had a "reasonable suspicion" that a crime had been committed. Stop-and-frisk is a tactic the New York City Police Department uses to briefly detain, interrogate, and occasionally search bystanders and suspects on the street for weapons and other contraband. The program has always been controversial, even after adjusting for precinct variability and estimates of criminal participation specific to particular races; research demonstrates that people of African and Hispanic origin are stopped more frequently than white people. Eric Adams, the mayor of New York, supported stop and frisk in an opinion piece for the New York Daily News before assuming office. According to Adams, stop and frisk can be effectively employed to reduce crime without compromising individual freedoms or human rights. Adams believed that the real debate was how to implement stop, question, and frisk rather than whether it should be permitted. He believes those who advocated outlawing it completely simplified a complex subject to an either-or choice and unwisely responded with a general ban. This paper will argue that Mayor Adams is overlooking the inherent biases in our society and policing, which has proven that stop and frisk is ineffective, and Adams’ proposed changes are simply another aspect of police reform that has occurred in the past and has not been widely successful. This continues to reinforce injustice, exacerbate relationships between police and communities, and put lives at risk.

By: Hannah A. Quigley ‘26
Volume IX – Issue I – Fall 2023

I. Introduction and Background Information

Between December 2020 and January 2021, Zackey Rahimi perpetrated a series of non-fatal shootings in Arlington, Texas. [1] After Rahimi publicly fired shots inside a Whataburger when his payment method declined at the check-out counter, police obtained a search warrant for his home. [2] At Rahimi’s residence, officers found a rifle and a pistol, which Rahimi admitted to owning. [3] However, officers learned that in February 2020, Rahimi’s ex-girlfriend procured a civil protective order against him for domestic abuse. [4] Under 18 U.S.C. § 922(g)(8), those under active restraining orders cannot possess firearms. [5]

By: Chinaza Politis ‘26
Volume IX – Issue I – Fall 2023

Introduction

“Good morning sweetheart.” “I am going to the store would you like anything?” “[w]as that you in the white Jeep?” “Fuck off permanently.” “Staying in cyber life is going to kill you.” “You’re not being good for human relations. Die.” [1] These are some of the hundreds of Facebook messages Billy Counterman sent to local singer, C.W. between 2014 and 2016. [2] These messages ranged from odd for a stranger to send, to suggestions of surveillance of C.W., to descriptions of harm befalling C.W. [3] C.W. perceived these messages to be “threat[ening her] life” and accordingly made changes in her daily life in order to cope with the ensuing anxiety. [4] In canceling performances and avoiding events she incurred negative financial costs. [5] She then elected to contact the authorities, who arrested Counterman and, using the the Facebook messages at trial, charged him under the following Colorado “stalking” statute: [6]

By: Amelia Okulewicz ‘26
Volume IX – Issue I – Fall 2023

Introduction

Skiplagging occurs when travelers buy a cheaper ticket with a multi-stop layover and exit before their final destination instead of paying for a direct flight. This practice is also referenced as hidden-city ticketing and point-beyond ticketing. Flights with connecting flights tend to be cheaper than those directly transporting travelers from Point A to Point B, as direct flight eliminate inconvenience for customers. Skiplagging works by booking a flight to Point C, but leaving the airplane at Point B from Point A. [1] On August 17, 2023, American Airlines filed a lawsuit against Skiplagged.com, INC, alleging that Skiplagged.com has no authority to sell and distribute tickets from American Airlines and believes that the website is deceptive to customers. [2] Additionally, American Airlines claims that the tickets sold on Skiplagged.com are priced higher than those on AA.com, the official American Airlines website. Thus, the question arises if American Airlines is protecting consumer interest or engaging in monopolistic pricing to increase revenue.

By: Amanda Nudelman ‘27
Volume IX – Issue I – Fall 2023

I. Introduction and Background

Workers at companies such as Uber and Lyft operate through the gig economy: an increasingly popular labor model in which workers undertake short-term tasks (“gigs”) and interact with consumers via digital platforms maintained by app-based corporations. [1] These workers — often called “app-based workers” — controversially tow the legal line between their classification as employees, people who work for a company, or as independent contractors, people who are self-employed and tend to perform freelance work. Having a concrete legal definition of app-based workers is crucial because this definition dictates the level of employment protection and benefits to which workers are entitled. Legally-defined employees, for example, have more robust access to health benefits and unemployment insurance. The extent to which a concrete definition is feasible, however, is debatable.

By: Ava Malkin ‘27
Volume IX – Issue I – Fall 2023

I. Introduction and Background

In December of 1791, the United States government approved the first ten amendments to the Constitution, formally known as the U.S. Bill of Rights. [1] Colloquially referred to as the “freedom of speech,” the “freedom of religion,” “freedom of the press,” “the freedom of assembly,” and “the freedom of expression,” the First Amendment of the Constitution provides all American individuals with the liberty to practice their preferred religion, to verbally express their views, to write and publish these views, and to protest without interference from Congress. [2]

A multitude of Supreme Court cases have debated the extent to which this right may apply to extraneous circumstances, thereby outlining its unique inclusions and limitations.

By: Matthew Mah ‘26
Volume IX – Issue I – Fall 2023

I. Introduction and Background

Artificial intelligence (AI) is the simulation of human intelligence in machines. This often includes “learning technology, software, automation, and algorithms” designed to make rules or predictions based on existing data. [1] Recently, chatbots such as ChatGPT catapulted AI into the forefront of the public consciousness. These chatbots and other machine learning systems made headlines as they won art competitions [2] and “beat 90% of humans who take the bar to become a lawyer.” [3] Simultaneously, concerns have arisen about AI in the workplace. For employers, the potential benefits of supplementing or even replacing workers with AI are immense; AI could perform repetitive and mundane tasks faster and more accurately than humans [4] —with improved productivity and without compensation. Understandably, many employees are concerned about their positions—recent polling found that 24% of workers fear AI will make their jobs obsolete. [5]

By: Will Long ‘25
Volume IX – Issue I – Fall 2023

I. Introduction and Background

In rural communities and small towns across America, minor league baseball is a cultural institution. For almost two centuries, minor league ballparks have been epicenters of American culture, uniting people around a shared love of baseball and preserving the rich tradition of our nation’s pastime. In return, these often rural communities have benefited from economic development and tourism brought in by minor league franchises. But abusing its antitrust immunity, in 2020, Major League Baseball (MLB) stripped many communities of their minor league teams, preventing 40 minor league franchises from affiliating with MLB organizations. [1] The decision works at a detriment to small-town economies, depriving small-town businesses, charities, and youth baseball leagues of revenue generated by the minor league franchises. [2]

By: Gillian Lee ‘25
Volume IX – Issue I – Fall 2023

Introduction

On May 2, 2023, the Writers Guild of America (WGA) went on a strike against the Alliance of Motion Picture and Television Producers (AMPTP). Writers went on strike over labor conditions, including the encroaching threats of artificial intelligence and streaming, with a main call for increased, fair compensation. Both the East, Writers Guild of America East, and the West, Writers Guild of America West, branches voted to go on strike, representing approximately 11,500 writers. [1] With this, Hollywood shut down: scripted film and TV show’s filming and writing halted, thousands of people lost their jobs, and late-night TV went completely dark.

By: Joshua Lassin ‘25
Volume IX – Issue I – Fall 2023

I. Introduction: Analogical Reasoning in the Law

Analogical reasoning based on abstract, objective factors is the best tool available to courts tasked with applying text written in 1791 to phenomena in 2023. The use of analogy strikes a careful balance between the societal imperative to usher the Constitution into the twenty-first century and the judicial duty to uphold its text, history, and tradition. On the one hand, courts cannot die on the hill of history and cite the mere absence of a 2023 practice in 1791 society as evidence of its unconstitutionality. If so, our Constitution would be reduced to an 18th century relic and condemned to a status of eternal mootness. The First Amendment would not protect against government censorship of online content, nor would the Commerce Clause empower Congress to resolve a dispute between states over the location of an interstate highway.