By: Ridgeway Woulfe Thus far in our Gun Control Series, we have discussed why there is a need for gun control solutions and we have discussed who can provide these solutions. Now we address what gun control legislation could actually look like. These methods are not guaranteed to withstand Constitutional challenges. Banned Gun Types One … Continue reading PIAC Gun Control Series: Possible Legislative Actions
Constitutional Law
The First Amendment: Has it been Weaponized?
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?
President Trump Threatens to Revoke California’s Waiver under the Clean Air Act: Can he do it?
By: Robert Bryson President Trump, as part of the Administration’s goal of rolling back regulations designed to combat climate change, has threatened to rollback a waiver granted to California to pursue stricter vehicle emissions standards. Under the Obama Administration, the federal government and California collaborated on preparing the currently-enacted vehicle standards.[1] The waiver was granted … Continue reading President Trump Threatens to Revoke California’s Waiver under the Clean Air Act: Can he do it?
Corporate Personhood: Can a corporation really hold religious views? How did we get here?
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?
PIAC’s Supreme Court Review: Epic Systems Corp. v. Lewis
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
Supreme Court Promotes a Double Standard for Religious Animus: Muslims to Christians
By: Ridgeway Woulfe Last week, we explored the double standard the Supreme Court created by its Masterpiece Cake and its decision to uphold Trump’s nation-based immigration ban (apparently not a Muslim ban, as he routinely stated). In Masterpiece Cake, the Supreme Court held that a Commission’s animus toward a Christian baker was enough to find … Continue reading Supreme Court Promotes a Double Standard for Religious Animus: Muslims to Christians
Supreme Court Promotes a Double Standard for Religious Animus: Presidents to State Commissions
By: Ken Jensen In her dissent to the majority opinion upholding Trump’s travel ban, Justice Sotomayor identifies a compelling contradiction with the Court’s previous opinion regarding gay wedding cakes. In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, the Court decided whether a baker could refuse to design or bake a cake for a same-sex … Continue reading Supreme Court Promotes a Double Standard for Religious Animus: Presidents to State Commissions
PIAC’s Supreme Court Review: Masterpiece Cake, Ltd. v. Colorado Civil Rights Comm’n.
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.
PIAC Gun Control Series: The History of the 2nd Amendment
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
PIAC Gun Control Series: Mythbusting Gun Control
By: Ridgeway Woulfe Mythbusting Gun Control At this point in PIAC’s comprehensive gun control series, we discussed the impact of guns on American life, including its intimate connection to suicide and inter-familial violence. Here, we will analyze some of the most common myths about gun control. Myth: If you make guns illegal, it won’t stop … Continue reading PIAC Gun Control Series: Mythbusting Gun Control
Public Interest Advocacy Collaborative 