Author: ec3928
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The Independence of State Constitutional Interpretation and The New Jersey Courts’ Reliance on Federal Doctrines of Liberty
By David Chau — Under the American Federalism system, 51 constitutions coexist. They often overlap and come into conflict with each other over a plethora of issues from governance to individual liberties. As state constitutional law continues to rise in…
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The Glyphosate Debate: Challenging Federal Preemption of State Failure-to-Warn Claims
By Daniel Zayas — Over the past decade, thousands of cases have reached federal courts to gain redress for injuries that plaintiffs have sustained while using Roundup, a popular pesticide manufactured by American agrochemical corporation Monsanto to kill weeds and…
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The Puzzle of Federal Indian Law: The Doctrine of Preemption in Oklahoma v. Castro-Huerta
By Carolina Pardo — In his concurring opinion in United States v. Lara (2004), Justice Thomas writes, “Federal Indian policy is, to say the least, schizophrenic.” Justice Thomas aptly characterized Federal Indian law as contradictory and inconsistent. Since Christopher Columbus…
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Hypocrisy vs. Sovereignty: Accounting for the Colonial Vestiges of Public Law 83-280 in Alaska
By Dane Lester — Over the past three hundred years, the United States has expanded from a series of British royalist colonies on America’s East Coast to a fully-fledged democratic nation taking up the third-largest land area of any country…
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From Financing to Frontlines: Interpreting Funds in the International Convention for the Suppression of the Financing of Terrorism
By Katherine Lee — According to international law, states may supply terrorists with arms but not artwork, grenades but not gold, and dynamite but not diamonds. This interpretation in the International Court of Justice (ICJ)’s most recent ruling draws a…
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The Price for Plastic: How Oil Companies Float Through Anticompetitive Suits
By Tanner McNamara — The plastic that makes your water bottles, the gasoline that fuels your transportation, the natural gas that heats your house—if one company controls so many aspects of oil, a material so entrenched in our lives, how…
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How to Prove Mental Illness in the Eyes of the Court
By Eunice Lee — Kahler v. Kansas, decided by the U.S. Supreme Court on March 23, 2020, ruled that the Due Process Clause does not require Kansas to adopt an insanity test that aims to understand a defendant’s ability to…
