By: Ken Jensen In Espinoza v. Montana Department of Revenue, 207 L. Ed. 2d 679 (2020), the U.S. Supreme Court held that if a state offers an educational choice program, it cannot bar a religious schools based solely on their religious character. Over fifteen years ago, the Court had held that the Establishment Clause did … Continue reading Espinoza v. Montana Department of Revenue: The Supreme Court leaves more Questions than Answers in State Educational Choice Programs
By: Katie Wotherspoon In the wake of numerous murders of Black Americans at the hands of law enforcement, a nationwide debate exploded regarding structural racism and police accountability—the legal doctrine of qualified immunity in particular, amassed much of the scrutiny. The killings not only sparked national outrage they were also met with vehement protests in … Continue reading Qualified Immunity—The Ultimate Circular Legal Doctrine
By: Bria Burgamy Over the past two decades, prescription opioids have wreaked havoc in the United States – despite evidence that the drugs’ manufacturers knew the drugs had potential to do just that. The opioid crisis has claimed more than 200,000 American lives since becoming commonly prescribed in the late 1990s. At the center of … Continue reading The Opioid Epidemic: “Legal Genocide”
By: Ken Jensen On October 24, 2018, President Trump stated his administration was “seriously” considering changing the way it treats transgender people under the law. Given his history of statements which never come to fruition, one could dismiss it. The effort this administration to negate any effort to define gender identity in any manner besides … Continue reading President Trump wants to define transgender out of existence, but we cannot let him define us.
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
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 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