Federal Emergency Powers in a Pandemic

President Trump has proven oddly reluctant to make full use of federal emergency powers during the coronavirus pandemic. The reasons for the delay are puzzling, given his enthusiasm for using emergency powers in other settings. Fortunately, the harm caused by his lackluster response to the coronavirus has been somewhat mitigated by the decentralized nature of the U.S. federal system for addressing epidemics. Where the federal government has faltered, state governments have stepped up to address the challenge with social distancing orders and stay-at-home orders. […]

Moving Beyond Cultural Nationalism: Communities as Claimants to Cultural Heritage

Inherent in the idea of cultural heritage as property—or, as it was previously known, cultural property—is the idea of ownership. All property has an owner. But in the context of cultural heritage, identifying that owner is a challenge. Is cultural heritage the property of all mankind, valuable because of what it teaches us about the collective human experience? Should nation-states be the guardians of the cultural heritage that comes from within their borders? Or is cultural heritage highly localized, the product and property of the specific community and culture that produces it? International law is still struggling to answer this question. […]

Pandemic Behind Bars: Prioritizing the Release of Elderly, Chronically Ill, and Recent Alleged Parole Offenders with Technical Violations in Anticipation of COVID-19’s Peak

Following the guidance of the Centers for Disease Control and Prevention (CDC), many individuals and families throughout America recently began practicing “social distancing” measures in an effort to slow transmission of the novel virus COVID-19. Many workplaces adopted “work from home” policies, and most school, college, and university systems prioritized sending students away from campus for the remaining semester. While these efforts to support families facing COVID-19 should be applauded, they fail to address the approximately two million people confined within the criminal justice system unable to adequately practice these measures. […]

Searching for Buried Treasure Abroad: How Better International Cooperation Can Help Decrease Internet Piracy (Part I of II)

The pirates of the 21st century plunder more than the pirates of the 18th century ever did. Copying and distributing content worth billions of dollars online, modern-day pirates cost movie studios, music companies, and content creators an astronomical amount of money. While Internet pirates have traded in their cutlasses and ships for keyboards and high-definition […]

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 […]