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: 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 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
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
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: Robert Bryson Don’t Misrepresent Facts to Assert Controversial Positions On August 9, 2017, Professors Amy Waxer of the University of the Pennsylvania, School of Law, and Larry Alexander, of the University of San Diego, School of Law (my alma mater), published a controversial article in the Philadelphia Inquirer “Paying the Price for Breakdown of … Continue reading An Open Letter to Professors Amy Waxer and Larry Alexander: Don’t Misrepresent Facts, Assert Controversial Positions, and Act Surprised When You Receive Aggressive Responses
By: Robert Bryson City of San Jose vs. Superior Court (Smith) 2017 2 Cal.5th 608 The Public Records Act (“PRA”) is the California equivalent of the federal Freedom of Information Act (“FOIA”) which mandates that government communications and records (aside from a few exceptions) are public property and disclosable to any member of the public … Continue reading California Supreme Court Expands the Public Records Act to Include Emails Sent Between the Private Accounts of Public Officials, If the Emails Concern Public Business