Author: lw8376
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DACA and Presidential Authority: Navigating the Constitutional Limit of Executive Power
By Kaya Weerasuriya — “I’ve got a pen, and I’ve got a phone.” President Barack Obama used this phrase as a metonymy for two actions he considered to be most effective for enacting change—the “pen” symbolizing his presidential capability to…
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Am I My Nation’s Keeper?: Nonenforcement and the Take Care Clause in Light of United States v. Texas
By Nathaniel Marks — The unlawful deportation of Kilmar Abrego Garcia to El Salvador and the subsequent failure of the Trump Administration to return him (despite being ordered by a court to do so) seems to many to be the…
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Lawful Exploitation: Revisiting Hamilton’s Words and the Nondelegation Doctrine in Shaping Trump’s National Emergencies
By Arah Cho — In Federalist No. 70, Founding Father Alexander Hamilton championed the concept of “energy in the executive,” arguing that a strong, decisive president was essential for effective governance. More than 200 years later, President Donald J. Trump’s…
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“Best Interest” vs. Strict Scrutiny: The Battle for the Freedom of Speech in Child Custody and CPS Cases
By Kaylee Kasper — As it stands, the US legal system promotes a largely hands-off approach to regulating the internal affairs of families. Parents have the liberty to determine how they intend to raise their children, dictating their day-to-day activities…
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The Delta Between Burden of Proof of Fear and Likelihood for Asylum Seekers
By Sanjana Kumar — This article explores the disparity between the evidentiary standards imposed on asylum seekers under the Refugee Act of 1980 and the international framework in the 1967 United Nations Protocol Relating to the Status of Refugees it…
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Liberty on Trial: A Case for Civil Right to Counsel in Eviction Proceedings
By Natalia Murillo Gonzalez — Right to counsel for tenants facing eviction remains unrecognized as a fundamental right—a contradiction to our country’s commitment to liberty. The label of ‘evicted’ is one that burdens many; in 2018, 3.6 million evictions were…
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Abortion Exceptionalism in the Post-Dobbs Period: Violation of Equal Protection?
By Anika Sekar — Arbortion exceptionalism refers to the substantial difference in how abortion is treated compared to other medical procedures and forms of medical care. Oftentimes, abortion is subject to additional regulations that similar medicines are not; for example,…