By: Robert Bryson Shortly after the Citizens United and Janus decisions, detractors began heaping criticism upon the Supreme Court for “weaponizing” the First Amendment. Indeed, Justice Kagan makes that very argument in her dissent: “It [the majority] does so by weaponizing the First Amendment, in a way that unleashes judges, now and in the future, … Continue reading The First Amendment: Has it been Weaponized?
By: Robert Bryson In the United States, bail refers to a system wherein a suspect is conditionally released from custody upon the surrender of payment of money or pledge of property to the court. The funds are then refunded when the suspect returns to court for their trial. If the suspect fails to return, the … Continue reading California Ends Cash Money Bail System: Ends a Pay-to-Play System of Justice
By: Maryam Karimi With the widening inequality in corporate America and ever-rising CEO compensation, strides towards restructuring corporate wealth may be one of the most important and onerous tasks a senator can choose to undertake. On August 15, 2018, Senator Elizabeth Warren of Massachusetts introduced the Accountable Capitalism Act which would create an Office of … Continue reading The Accountable Capitalism Act: Should Corporations be mandated to act under moral obligations of personhood or only to maximize the value of their shares?
By: Robert Bryson Corporate personhood is the legal notion that a corporation is a distinct entity that exists separately from the human being associated with it (like owners, managers, and employees). Corporations got their first breath of life in the Justinian Digest (the latest iteration of the Roman Code). Pope Innocent IV (pontificate from 1243-54) … Continue reading Corporate Personhood: Can a corporation really hold religious views? How did we get here?
By: Ridgeway Woulfe America is undoubtedly in the midst of a painful identity crisis. Childish Gambino released a summer hit entitled “This is America,” where he deftly gives his perception on America. In the video, the happy-go-lucky music and lyrics providing a sense of joy. At points throughout the song, the joyful music gives way … Continue reading Who is America according to “Who is America”
By: Ridgeway Woulfe We’ve addressed the need for a change in how America approaches gun violence. We’ve addressed some options for reducing gun violence. Now, we address WHO can take these steps. America has placed the most attention upon the federal government. Indeed, the federal government has the best ability to take the needed steps … Continue reading PIAC Gun Control Series: Who can Create Gun Control Regulations
By: Jessica Colburn and Robert Bryson Imagine United States in 2039. It hasn’t had a mass shooting since 2019. Gun violence remains a problem, but nothing on the scale of Las Vegas, Pulse, Sandy Hook, or Parkland. How did this happen? A handful of congresspeople met in secret agreed to work on gun control legislation; … Continue reading PIAC Gun Control Series: Analyzing Australia’s Gun Control Laws and their Applicability to the United States
By: Ken Jensen “[A]s matter of law the answer is clear. In the Federal Arbitration Act, Congress has instructed federal courts to enforce arbitration agreements according to their terms—including terms providing for individualized proceedings.” Epic Sys. Corp. v. Lewis, 138 S. Ct. 1612, 1619 (2018) The Supreme Court thus continued to enforce arbitration agreements consistent … Continue reading PIAC’s Supreme Court Review: Epic Systems Corp. v. Lewis
By: Ken Jensen After reading the Court’s opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 138 S. Ct. 1719 (2018), I am struck with how our society is still confused with respect to sexual orientation. The Court struck down the Colorado Civil Rights Commission’s actions to assess a cakeshop owner’s reasons for declining … Continue reading PIAC’s Supreme Court Review: Masterpiece Cake, Ltd. v. Colorado Civil Rights Comm’n.
By: Jessica Colburn The Second Amendment, while hotly debated, is not well understood because the language of the Amendment is unclear and old, specifically 227 years old. Here, we shed some light on what is meant by the language of the Second Amendment, including the phrases, “a well-regulated militia” and “the right of the people … Continue reading PIAC Gun Control Series: The History of the 2nd Amendment