Spring 2019
Spring 2019 Long Articles
Spring 2019 long articles (<1500 words) are only available in a pdf format. Click here to learn more.
The Power Behind the Butterfly: Applying a Power-Conscious and Intersectional Lens to Sexual Harassment Employment Law
In light of the #MeToo movement, this article seeks to answer whether changes in the law could lead to a substantial reduction in sexual harassment in the workplace. I offer an alternative lens through which to view sexual harassment employment law. I highlight one way in which the language of sexual harassment law (under Title VII of the Civil Rights Act of 1964) could be reevaluated, starting with the “reasonable person” standard. This article argues that the “reasonable person” standard should be viewed through both a power-conscious and intersectional lens. Meaning, we should be aware of how identities of race, class, gender, age, and sexual orientation (among others) intersect and how these identities compare in workplace and societal power hierarchies. Ultimately, I call attention to Catharine MacKinnon’s idea of “butterfly politics” as a metaphor for systemic change. By applying a power-conscious and intersectional lens to the system’s smallest components – the victims of sexual harassment and the words that represent that individual in the law – we can then tackle the broader systems of power that still perpetuate sexual harassment in 2019.
Big Farm’s Big Scheme: Farm Subsidies and Their Exploitation of the Poor
For Decades the landowning class has been profiting billions off of American taxpayers. Farm subsidies have redistributed immense sums of money from the average taxpayer to the wealthiest landowners and agricultural corporations in the world. Along with exploiting domestic consumers, agricultural producers in wealthy countries have also severely exploited foreign countries dumping their subsidize goods on foreign markets, devastating foreign producers in poor countries as well as developing countries’ economies in general. However, after years of negotiations and lobbying by developing countries, the World Trade Organization has made decisions to correct some of these wrongs by abolishing foreign dumping. Wealthy landowners still hold enormous amounts of subsidize wealth and power, but the developed world is fighting back.
What New York State’s Child Victims Act Says About the Changing Narrative of Abuse
This article explores the legal, social, and governmental ramifications of the New York State Child Victims Act. The Act was passed in February of 2019 and extends the statute of limitations for bringing suits regarding sexual exploitation of minors, as well as creating a one-year grace period for previously excluded cases, and dismissing the need for a Notice of Claim. New York State’s quickly changing legislation is the result of shifting political moods within the state, as well as growing public support for victims of abuse, young and old, in the face of a scandal involving child abuse within the Catholic Church.
Battling Perspectives on Gun Control
In present day America, gun control legislation continues to be a hot button topic. With every mass shooting comes a fresh wave of lobbyists arguing for stricter gun control and removal of certain firearms. These waves are often met with renewed opposition against such strict legislation. While the pro-gun side often cites the second amendment as reasoning, both sides fail to recognize the importance of the fifth amendment when it comes to gun control. It is imperative to evaluate gun control legislation under both a utilitarian and autonomous framework to see the role a government must play in gun control.
New Court, Same Problem
This article discusses the recurring constitutional issue of religious symbols on government property in a modern context. With the upcoming American Legion v American Humanist Association Supreme Court ruling, this issue has been thrust back under the microscope. I argue that to maintain all citizens’ rights under the First Amendment, and to set a clear future precedent, the government should never permit religious symbols on public property.
An Exploration of Civil Tort Law Litigation: The Secrecy of Insurance in Accidents
The topic of insurance has long been barred from the courtroom, but we ask to what avail? Could the mention of insurance truly be worthy of a mistrial? It is found when insurance is present in the courtroom, it may entice the jury to compensate a plaintiff inefficiently. It is also found that the purpose of the adversarial system is to persuade the jury to award damages with evidence pertaining only to the specific incident rather than the presence of insurance, where a jury could be misled to award the plaintiff improperly due to insurance having the perception of insulating the defendant.
Litigating the U.S. Opioid Epidemic: Public Torts, Public Health, and the Legacy of Big Tobacco
The human and economic toll of the current U.S. opioid epidemic reflects a crisis needing urgent remedy. Thousands of lawsuits have been filed against doctors, hospitals, pharmacies, and pharmaceutical manufacturers and distributors over their roles in the epidemic. This tobacco litigation established historical precedent for an innovative public tort model being currently utilized in opioid litigation. The power of litigation as a tool to effect public health change arises in part from the court of public opinion, driven by document discovery disclosures and media attention exposing industry malfeasance. Rather than reject, due to weaknesses of the tobacco Master Settlement Agreement, the potential of litigation to address the opioid crisis and provide crucial funding to state and local governments, opioid litigation can build on the historical example of Big Tobacco and other public tort litigation to better ensure its efficacy by improving the direction of funds under a potential large-scale opioid settlement.
The Constitutionality of Affirmative Action
The recent lawsuit against Harvard University, in which a group of Asian American students sued the university for discriminating against Asians in their attempt to diversify the campus, has raised questions across the country about the virtues as well as constitutionality of Affirmative Action. Although some view affirmative actions as a means by which colleges and universities can contextualize applications and diversify their student body by factoring race into the admissions process, others see it as overt racial discrimination that is unnecessary in the twenty-first century. The question that prevails to this day is whether or not the Constitution allows for such a provision.
‘A Well-Regulated Militia’: the First Clause of the 2nd Amendment in Reframing the Debate Around Gun Control
Much of the public discourse surrounding the second amendment centers around its final clause, which states that ‘the right of the people to keep and bear Arms, shall not be infringed’. Yet much of the general dialogue ignores the equally important first clause of the same amendment, discussing the necessity of a ‘well-regulated militia’. This article highlights the inadequacies of much of the status quo federal-level gun control legislation in addressing the ‘well-regulated’ first clause of the 2nd Amendment and argues for a shift in the public discourse to reframe the debate around gun control in America towards understanding and progress.
Money Follows the Person Rebalancing Demonstration: Extension or Termination?
The Money Follows the Person Rebalancing Demonstration is a program under Medicaid that helps seniors and people with disabilities in institutionalized care to transition back into the community with federal support. While it is widely accepted as a necessity in improving the quality of life for some of the demographic, there exist opponents who believe the program to be cost ineffective and a waste of federal funds. This short article seeks to unpack some of the arguments made on both sides.
A Genocide Incited by Social Media: Are We Blaming the Tool for Our Crime?
Following the scandal of Russian interference with 2016 US presidential election and Iranian fake political accounts, Facebook is again involved in yet another scandal, this time accused of inciting the Rohingya genocide in Myanmar. Although Facebook has already took part of the blame for this incidence since the outbreak by publicly acknowledging it has been too slow to act in prevention, this paper would argue that Facebook is not ethically responsible or blamed for this tragedy on the ground that the Myanmar military government has violated Facebook’s intention in its use of it as a propaganda platform, and that Facebook arguably could not have unforeseen and thus better prevented this incidence. Instead, this paper would like to recommend policymakers to focus more on attempts to regulate and eliminate inappropriate cyber activities with the help of Facebook instead of letting social medias like Facebook take the blame.
Yawning Gaps: An Insufficient Letter, An Incomplete Report
The Mueller investigation is over – Mr. Mueller’s report has been submitted to Attorney General Barr, and Mr. Barr has sent Congress a letter summarizing the Special Counsel’s findings. A closer look at that letter, however, raises deeply concerning questions about Mr. Barr’s conclusions. The little we know about Mr. Mueller’s report already includes unresolved issues in it, which must be addressed by the Justice Department and by Congress.
A Cross Section of Whose Community?: Flowers v. Mississippi and Racial Discrimination in Peremptory Challenges
An evaluation of the on-going case Flowers v. Mississippi before the Supreme Court and the evidence provided by the defense indicating a pattern of racially-motivated peremptory challenges by the prosecution, this article analyzes the jurisprudential context of the case and how the precedent set in Batson v. Kentucky (1986) is relevant to understanding the dynamics at play in the case.
A New Frontier of Environmental Law: An Overview of Juliana v. United States
Four years ago, 21 young people sued the federal government for its contribution to climate change. The questions posed in this case largely haven't been discussed in previous jurisprudence. This is a groundbreaking case that will likely pose new questions in the field of environmental law.
Is Hearing Believing in the Modern Era? How AI Calls for A Reshaping of the Legal Landscape
Voice cloning and facial cloning are new technologies that have incorporated AI and deep learning to improve the human-machine interface and personalize much of the interactions. However, as with any technology, this form of AI has unavoidable legal implications and potentially detrimental consequences when in the wrong hands.
Reining in the Digital Revolution: In Antitrust We Trust
Adam Smith, in his book Wealth of Nations, expressed his deep fear that Parliamentarians would tremble at the notion of defying “furious” monopolists, and instead seek “great popularity and influence ” by strengthening a monopoly. With the creation of a pro-competition “International Grand Committee” incorporating government representatives from over nine countries, spearheaded by the UK House of Commons, Adam Smith has been proven mistaken in his political pessimism. Despite weathering of the most turbulent economic crises in modern history, generated by Brexit uncertainty, the UK Parliament continues to lead on antitrust and monopoly-evading legal mechanisms. Their next target is Facebook; and like a dog with a bone, Parliament will lock its jaws into the Zuckerberian dream, and won’t release its hold until the tech giant’s transgressions are exposed to the core.