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.

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?