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.

By: Derek Jiang ‘25
Volume IX – Issue I – Fall 2023

On June 30, 2023, the U.S. Supreme Court handed down its decision in 303 Creative LLC v. Elenis, ruling that under the First Amendment, a web design business open to the public has a constitutional right to deny wedding website services to same-sex couples. For lack of a better word, that decision is wrong. “Profoundly wrong” (Sotomayor, J., dissenting). The Constitution should not tolerate—let alone require—such blatant discrimination.

By: Sam Jacobson ‘26
Volume IX – Issue I – Fall 2023

Introduction

This article will first review and analyze relevant information regarding copyright law, defining what exactly a copyright entails and discussing policy justifications behind the copyright system in the United States. Then, this article will discuss the events of two copyright cases, currently in front of the U.S. District Court for the Northern District of California, challenging the language models of OpenAI, the company behind ChatGPT. As these cases are currently in front of the District Court, this article will analyze some of the counts in the two cases, determining the validity of the counts in question. The article concludes by considering future implications based on what determination the District Court comes to. I will argue that, in the cases of Silverman v. OpenAI and Tremblay v. OpenAI, the District Court could find that direct copyright infringement by OpenAI is voided by the fair use exemption, that there is not a significant degree of vicarious infringement by OpenAI, and that OpenAI did violate the Digital Millennium Copyright Act (DMCA) on the grounds of distributing the works in question with copyright management information (CMI) removed without the Plaintiffs’ permission.

By: Rebecca Herzberg ‘26
Volume IX – Issue I – Fall 2023

Introduction: Healthcare in the United States

Accessing affordable and quality health care has been an ongoing source of frustration for Americans for decades. Despite the constant development of new medical technologies, treatments, and drugs, the system through which Americans access their care has become increasingly confusing. Health insurance companies along with hospitals and providers have turned health into a business market no different from retail or food markets. The lack of a singular public insurance option facilitated by the government, like many other countries of similar socioeconomic status such as the United Kingdom and Canada, has allowed private insurers along with health systems to charge patients as they see fit. This freedom has resulted in Americans facing payments significantly higher than their counterparts in other countries due to the lack of coordination among these various players in the health industry. Relatedly, there are many variations of insurance and insurance-related issues Americans find themselves experiencing due to the for-profit business approach of the United States healthcare system.

By: Emily Gill ‘26
Volume IX – Issue I – Fall 2023

Introduction

The death penalty in the United States dates back to colonial times and places its origins in the British criminal justice system. The first recorded execution in the United States (or rather, the Thirteen Colonies), was the 1608 execution of Captain George Kendall for treason. [1] Since 1608, it is estimated that over 15,000 individuals have been executed in the United States for capital offenses. [2] As the criminal justice system in the United States has been increasingly criticized, so has the death penalty. Those who call for the abolition of the death penalty, call into question if it accomplishes its stated goals of retribution and deterrence, as well as if it is humane. While these questions are valid, proving these points wrong may not be the most successful way of abolishing the death penalty.

By: Owen Finn ‘25
Volume IX – Issue I – Fall 2023

Introduction to Crypto, Ripple, and XRP

In December 2020, the Securities and Exchange Commission (SEC) filed an action against Ripple Labs, Inc. and two of its executives: Brad Garlinghouse, an officer, and Chris Larson, a director. The Commission alleged they raised over $1.3 billion through XRP, a non-SEC registered digital asset offering. The SEC argues they sold XRP as a security, more specifically an investment contract, but did not file a registration statement. [1] Ripple conceded they sold XRP without registering with the SEC, but argued they did not need to because the crypto-asset is not a security. [2]

By: Max Fattal ‘25
Volume IX – Issue I – Fall 2023

Introduction

There’s a certain futility in the process of examining what has gone so wrong for workers over the past half-century. On the one hand, essentialist explanations blaming an intertwined trifecta of neoliberalism, globalization, and flexibilization are fundamentally adequate but lack the substantive rigor of a full explanation. On the other hand, diving into specific causes, observing ossification in the United States, new anti-union authoritarianism in Britain, and a host of other individual policy and corporate shifts across the world lack the sweeping narrative to make the argument click. This essay attempts to reflect the dilemma and propose a novel explanation for labor degradation, differentiating between the process of labor degradation as a practical policy project and as a rhetorical one. Identifying the well-documented reality that unions and collective bargaining agreements elevate labor standards and strengthen workplaces (even beyond the workplaces they cover), this essay draws a link between rhetorical concessions made by employers or corporations and reductions in unionization (or degraded labor standards tied to reduced unionization). [1]

By: Elizabeth Esterow ‘25
Volume IX – Issue I – Fall 2023

Introduction

Social media is a tool that has been tactfully used to blur the lines between work and home life. While in theory, an employee should be able to leave their life at work and act however they decide out-of-office, social media has begun to give employers the ability to pass judgment on what is acceptable off the clock behavior. Over seventy percent of employers look at candidates' social media profiles before making hiring decisions. [1] This is a significant breach of the line that separates a person’s work and personal life. However, as many employers would argue, social media is a distinct way to judge a person’s character and how that character may affect the workplace. When evaluating social media in this light, the questions arise: Who is judging the social media accounts of those who do not have direct bosses and managers? Who is responsible for evaluating the social media accounts of public officers?

By: David Epega ‘26

Volume IX – Issue I – Fall 2023

The United The United States has never employed a universal standard regarding foreign policy. It has shifted between ideologies with an isolationist mentality prioritizing domestic issues and more proactive mindsets such as 20th-century “Wilsonism”.

These shifts in ideologies have not only impacted the outcomes and philosophies of the United States itself but have also defined entire generations of people across the globe. The importance of United States foreign policy has increased since the end of World War II and the collapse of the Soviet Union, where the United States would find itself as the undisputed global superpower. The impact of this can be seen in Iraq as well as Afghanistan, where the actions of the United States after the September 11th Attacks completely altered the trajectory of the Middle East, and the ramifications of the conflict are still felt today.

By: Kaitlyn de Armas ‘25
Volume IX – Issue I – Fall 2023

“Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth? So help you God.” [1] More than simply a required component of a trial, this oath sets the precedent for the foundation of justice—the truth. This statement, requiring witnesses to verify the validity of their assertion, can be boiled down to the deceivingly simple principle of not lying. Although this precondition seems rather rudimentary to abide by, considering the complexities of defining falseness convolutes the difference between the truth, the untruth, and a lie. Understanding the distinction between these conditions is critical in the courtroom setting, where a fallacy is more than just immoral; it is a crime. The offense of breaking this oath, known as perjury, is defined by Cornell Law School as when a witness “knowingly and intentionally lie(s) about a material issue.” [2]

By: Marisa Cefola ‘26

Volume IX – Issue I – Fall 2023

Introduction

Hollywood and the entertainment industry have fallen since the COVID-19 pandemic and the ultimate rise of streaming services. As a result, studios need help to meet financial obligations, such as compensating screenwriters an adequate amount for their work. Besides receiving insufficient pay, an increase in artificial intelligence technologies threatening screenwriters’ jobs prompted 97.9 percent of the Writer’s Guild of America (WGA) to call for a strike to fight for fair protection and treatment in the industry [1]. On May 2, 2023, the strike shut down Hollywood industry-wide for 148 days, forcing late-night shows to air reruns and halting multiple productions such as “Stranger Things.” The WGA reached a tentative agreement with the Alliance of Motion Picture and Television Producers (AMPTP) on Sept. 25, 2023, which has set a precedent for the future of both writer payments in a streaming service-dominated industry and AI regulation in entertainment industries that stem beyond Hollywood.

By: Lorenzo Blanco ‘27
Volume IX – Issue I – Fall 2023

Introduction

For decades, people have regarded Southern California’s Salton Sea as something of a wasteland; the Salton Sea’s increasing hypersalinity as a result of toxic agricultural runoff and an ever-shrinking water supply has put a heavy ecological strain on birds dependent on the sea for vital migratory stops as well as on fish and other aquatic life. Once planned as a glamorous resort destination for Southern Californians, the Salton Sea’s hypersalinity issue has also taken its toll on Salton City, a community of people dependent on the promised bountiful influx of cash from the hospitality and tourism industries. With the Salton Sea’s once beautiful waters turned into a fermenting mix of chemical waste, the town’s economy began to collapse as swimmers and boaters began to find mass fish die-offs, tourists began to avoid the sea’s shoreline stench, and property owners began to sell whatever they could to move away from the disaster. However, it has recently been discovered that below the Salton Sea lies bountiful deposits of lithium. In fact, experts think that the Salton Sea has enough lithium below it to meet nearly 40% of the global demand. [1]

By: Saatvik Amravathi ‘24

Volume IX – Issue I – Fall 2023

Introduction

The Inflation Reduction Act coupled with the Infrastructure Investment and Jobs Act has been touted as the largest green energy investment in United States history, a laudable achievement considering the often delayed and feeble responses associated with Congress and the American legislative system. [1] While the Act's passage is in its own right a significant achievement in the battle against climate change, the success of the legislation hinges on its implementation which, according to supporters, needs to occur in a rapid fashion. Understanding the scale of what the White House and climate advocates seek to achieve is a rather difficult feat since the response to climate change has largely been understood as a personal one, penciled out in the form of actions such as pushing consumers to adopt existing “green” technology such as electric cars, heat pumps, and solar panels. However, as Ruhl and Saltzman point out in the Emory Law Journal, meeting even the most lukewarm climate targets requires the United States to rapidly build out a large amount of energy infrastructure. [2]

By: Nicolas V. Torres ‘26

Introduction and Background

Following exile from the Massachusetts Bay Colony, Roger Williams and five followers established North America’s first secular colony, known today as Rhode Island [1]. From this site, Williams ingrained the preliminary notions of separation of church and state in America’s history; in a letter to Reverend John Cotton, he writes, “when they have opened a gap in the hedge or wall of separation between the garden of the church and the wilderness of the world, God hath ever broke down the wall itself, removed the candlestick, and made His garden a wilderness” [2]. William’s metaphor supports the idea that erasing the distinction between the church and the material world could compromise the integrity of the church’s purity and therefore advocates the need for a secular state. His contributions resonated with scholars most salient to the United States’ founding, such as Locke, Madison, and Jefferson, culminating in the Establishment Clause of the U.S. Constitution: “Congress shall make no law respecting an establishment of religion” [3, 4]. This clause creates a basis for a secular nation but leaves its ambiguity for the judicial system to interpret.