Tag: Review
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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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“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 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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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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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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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…
