Separation of Powers, Checks and Balances, and the Future of DACA

[T]he Court was right to hold that DHS’s decision to rescind DACA is reviewable and that the program’s rescission was arbitrary and capricious. For a decision affecting nearly 700,000 individuals, their families and communities, the Trump Administration failed to provide contemporaneous reasoned analysis for its decision or to weigh transparently its costs and benefits.[…]

Angels of Injustice: What Large-Scale Protests Teach Us About Justice

The law student confounded by the simple question, “What is justice?” now sits in an exceptional moment of reckoning. The question is not a facetious one, despite the grave irony of being asked in a country built on stolen land by stolen people, where even the most publicly adored jurist can callously dismiss an indigenous nation by wagging at “embers of sovereignty that long ago grew cold.” The question is all the more important in that grand institution called law school, which has tended socially and pedagogically to perpetuate inequities. Yet the law school curriculum appears not to answer the question, or at least not satisfactorily. This leaves the law student to either adopt narrow doctrinal assumptions about justice, or to go ask the question elsewhere. […]

Rule of Law from the Ground Up: Legal Curriculum Reform in Afghanistan

The rule of law, arguably the most cherished political ideal, remains elusive in many corners of the world. Since its formation in the mid-eighteenth century, Afghanistan has experienced episodes of “rule by law,” “rule of man,” and “rule of gun” much more so than the rule of law. This Article contributes to the literature by exploring the nexus between the rule of law and legal education in developing and transitional states. In particular, the Article examines the critical role of curriculum reform in bolstering the legal education system and, thereby, promoting a rule of law culture in Afghanistan. […]

Increasingly Antidemocratic? An Empirical Examination of the Supreme Court Nomination and Confirmation Process

Waiting to appoint a Supreme Court justice until after an election is just another way to tie the Court’s makeup to majoritarian and democratic processes. But is this sentiment right—is the Court, in fact, procedurally majoritarian? To answer this question, I explored the appointment and confirmation process behind each of the nine sitting Justices. […]

Bad Neighbors? How Amazon’s Ring Video Surveillance Could be Undermining Fourth Amendment Protections

As society embraces the benefits and growing ubiquity of Internet of Things devices, consumers are increasingly exposed to unanticipated privacy risks. Today’s technology can collect data in unprecedented quantities, enabling capabilities previously unimaginable outside the realm of science fiction. Particularly alarming is that this technology is entering what the Supreme Court has defended as one of the most sacred sites at the core of the Fourth Amendment—the home.

REVIVING THE GOAT: Copyrighting Creative Plating

Kim Seng was wrongly decided. Originality and fixation should not be doctrinal barriers to extending copyright protection to the artistic plating of food. Copyright for plating is consistent with both Congress’s statutory framework and the special place gourmet cuisine holds in society. […]

The Debt Collection Pandemic

Because American families’ finances are unlikely to recover as soon as the crisis ends, debt collection brought by the COVID-19 crisis also will not dissipate anytime soon. Even after the crisis ends, the need to implement comprehensive, longer-lasting solutions will remain. As we detail below, these solutions largely fall on the shoulders of the federal government, though state attorneys general have the necessary power to help people effectively. If the government continues on its present course, a debt collection pandemic will follow the coronavirus pandemic. […]

Covid-19 Reveals Gaping Holes in U.S. Social Safety Net

Covid-19 is indeed a global emergency, but for millions of families, the lack of social support in the United States has been an emergency for a long time. This isn’t a new problem, only one that is newly visible in this simultaneous health care crisis for everyone. Perhaps the long-term comparative welfare of families in industrialized countries with minimally adequate social support and the few, like the United States, without it, will show the folly of ignoring this emergency for too long. […]