Uncategorized

Case Law

First Amendment Rights of Judges and other Public Employees (Part II of IV): Republican Party of Minnesota v. White (2002)

April 27, 2021 Angikar Ghosal 0

Judges are meant to be nonpartisan parts of the government, as has been emphatically mentioned by Chief Justice Roberts. Although Supreme Court justices can themselves pretend that the position of federal justices is completely devoid of partisan taint, and only considers the law from an unbiased matter, reality shows otherwise. The extreme politicization of judicial confirmations, including those of Justices Gorsuch, Kavanaugh and Barrett, make us realize that indeed, many legal conundrums do not have an obvious, explicit formulation in the law. Entirely opposing viewpoints could be argued for, with the argument pretending to trace back to some clause in the Constitution through a flimsy line of logic. There is simply no ‘right answer’ according to the law, it simply depends on which side the judge supports – views remain irreconcilable. For example, even scholars who are otherwise personally supporters of access to abortion have considered Roe v. Wade to […]

No Picture
Uncategorized

Getting The Supreme Court Back “In Whack”

November 2, 2020 Emma Smith 0

  Put simply by former Vice President and Democractic Presidential candidate Joe Biden, the Supreme Court is “out of whack.” If elected, Biden says he will convene a bipartisan commission of legal scholars to study possible ways to reform the federal judiciary and make recommendations within 180 days. If Democrats take both the White House and Senate come election day, they have a number of options to consider, each with its own set of legal and political hurdles that must be cleared.  Here are four of the proposals gaining the most traction: Court Packing Google searches for the phrase “court packing” skyrocketed to their highest frequencies in five years just days after the death of Justice Ruth Bader Ginsburg. Court packing entails adding more judges to a court than there currently are in order to restore ideological balance to the bench. Progressive democrats have discussed the possibility of adding either […]

Uncategorized

Fair Pay to Play Act: California Legislation Threatens NCAA Amateurism Rules

October 25, 2019 Lucy Callard 0

Summary: California’s controversial “Fair Pay to Play Act” makes NCAA rules and regulations on amateurism illegal starting in 2023. The new law has reinvigorated the debate on how the NCAA limits athletes abilities to earn compensation for their name, image, or likeness. From September 2017 to August 2018, the National Collegiate Athletic Association, known commonly as the NCAA, reported a revenue of over one billion dollars. Of the 460,000 college student-athletes who participated in NCAA sports in 2017-2018, zero received financial compensation for their athletic performances. Zion Williamson, formerly of Duke Men’s Basketball, and Tua Tagovailoa of Alabama Football are household names; their faces are plastered on posters, and their names flash across television screens around the country. Nevertheless, during their collegiate careers, these star athletes and others like them receive no money for participation in NCAA competition. As the billion-dollar sports industry continues to grow, critics have voiced their […]