Category: Jurisprudence
-
The Supreme Court’s Perversion of Property Rights
By Beck Reiferson — Political philosophers have long regarded the right to property as one of man’s most essential rights. John Locke, whose writings were among the most influential on the political thought of America’s Framers, believed the primary purpose of governments is to protect its citizens’ property rights. In his Two Treatises of Government,…
-
The Problems with Legislative Overrides of Judicial Rulings
By Beck Reiferson and Benjamin Edelson — In April 2021, President Joe Biden signed an executive order establishing the ‘Presidential Commission on the Supreme Court of the United States,’ a commission of legal scholars formed to discuss potential reforms to the Supreme Court. In October of that same year, the Commission released discussion materials prepared…
-
The Gender Dichotomy: How Sharia Law in the Seventh Century Granted Women Legal Empowerment
By Noura Shoukfeh — The world’s youngest major religion, Islam, was established in the seventh century when the Prophet Muhammad amassed a following dedicated to the revelations he recieved in the Qur’an. The growth of Islam in the decades after Muhammad’s death, combined with the widespread need to implement a coherent ethical account of Islamic…
-
The Attractive Non-Sequitur of Democracy and Distrust
By JC Martinez — When it comes to interpreting the Constitution, there is a critical and possibly irresolvable dilemma which lies at the crux of countless arguments: should justices remain rigidly faithful to the original intent of the document’s writers at the risk of being anachronistic, or should they make substantive value choices at the…
-
The Role of Environmental Personhood in Corporate Practices
By Anna Shin — Climate change has been at the forefront of environmental issues in both local communities and the global stage. The United Nations now labels climate change as a crisis that affects every country on every continent, and the problem only seems to be worsening by the year. While ordinary individuals can make…
-
Affirmative Action Admissions Regimes are Unconstitutional: Strict Scrutiny Should Mean Something
By Myles McKnight & Benjamin Edelson — Harvard’s affirmative action saga continues, or so we hope. After losses in the Federal District Court and the First Circuit Court of Appeals, the non-profit group seeking to do away with Harvard’s race-obsessed admissions regime has filed a Petition for Writ of Certiorari in our Nation’s highest tribunal.…