Reversing Executive Action: A Case Study of Bush’s EO 13233

Reversing Executive Action: A Case Study of Bush’s EO 13233 By: Darina Shtrakhman[*] In his first months in office, President Donald Trump has used executive action in a multitude of policy areas. He instituted a ban on entry into the United States from seven Muslim-majority countries for ninety days, elevated his chief political strategist to […]

Does the First Amendment Protect Your Ballot Selfie?

Does the First Amendment Protect Your Ballot Selfie? By: [*] Do voters have a First Amendment right to take ballot selfies? In the 2016 presidential election, it was illegal in eighteen states for voters to take photos with their completed ballots.[1] Some of these laws are over 100 years old.[2] In this post, I consider […]

A World Without Chevron: Implications of Gorsuch’s Likely Confirmation

A World Without Chevron: Implications of Gorsuch’s Likely Confirmation By: [*] Soon, we may be living in “a world without Chevron.“[2] If confirmed for the Supreme Court, Judge Neil Gorsuch could spark a sea change in administrative law by overturning Chevron, the doctrine under which courts afford deference to an administrative agency’s reasonable interpretation of […]

Caetano: A Dangerous Misreading of Unusual in Heller

  Introduction The Supreme Court addressed the scope of the Second Amendment in a pair of opinions, Heller and McDonald, that moved the nexus of judicial review away from antiquated notions of an arm’s reasonable relation to the militia towards a modernized conception of an arm’s relationship to the individual right of self-defense. The opinions, […]