Choose Your Battles: Why Standing for Non-Human Animals May Not Protect Them

….animal advocates should focus on changing the substantive law protecting animals—the procedural law should be much less of a focus.

On the Basis of Personality: How Harvard’s Admissions Policy Hurts Asian Americans and the Future of Affirmative Action

If being surrounded by diverse peers allows students to learn early on to purge themselves of implicit biases and avoid stereotyping their peers based on race or ethnicity, then the need for such race-based policies in college admissions is clear. Affirmative action’s goal of ensuring the advancement of minorities inherently includes the goal of removing biases against them in the professional world. This goal is especially relevant to Asian Americans, who are less likely than both African Americans and Hispanics to be promoted into management roles in the workforce. The value of a “diverse” education is diminished if affirmative action policies fail to reduce the false notion of Asian Americans inherently lacking leadership skills. More pressingly, affirmative action policies will fail Asian American graduates if they are not allowed in the classroom in the first place.

New Technology and Evidence: Issues with Admitting Social Media Evidence In Court

The skepticism as to the reliability of information acquired from social media as evidence in a motion for summary judgment or at trial appears to be often misplaced. Although social media evidence does pose problems related to identifying the true author of a post, the accessibility to direct information regarding an individual’s personal thoughts and ideas that social media provides is extremely valuable.

Is Regulation Cryptocurrencies’ Kryptonite?

Cryptocurrencies undoubtedly hold a lot of speculation in terms of value and regulation alike. Not only does the new form of currency give promise of expanding growth but the high volatility and criminal concerns lead politicians to seek possible legislative matters to combat these ills and fully effectuate the benefits that digital currency provides. Therefore, regulation may demonstrate to be a complement to the propagation of the technology rather than its kryptonite.

The Hoax and the Home: Assessing the Legal Remedies Against Swatting

The seriousness of the crime of swatting may increase as technology and online services that allow perpetrators to keep their identity and location anonymous become more widely available. Improving current investigative and prosecutorial approaches to swatting will better ensure that Finch’s death is the first and only fatality that results from the offense.

Plowing Past Preponderance

Clearly, a sexual assault allegation demands more sensitivity than normal considerations about a candidate’s qualifications. Accordingly, the decision makers (i.e. the Senate and the President) should publicly state that a decision to not appoint the candidate is only based on the uncertainty of the situation; it is not a guilty verdict. But being sensitive to the candidate surely does not require making him a Supreme Court justice.

Immigration Struggle: Can States Resist Trump on Immigration?—Part 2

I believe that this entrenchment presents a serious challenge for those who wish to fight Trump’s immigration policies via the courts—especially after the ruling in Trump v. Hawaii. Moreover, Trump’s opponents would be naïve to discount the lethal precedential combination of plenary federal power and preemption.

Immigration Struggle: Can States Resist Trump on Immigration?

This two-part blog seeks to briefly trace the origins of modern immigration law, examine the failure of state-based immigration policies during the Obama administration, and predict the likelihood of success for state resistance against Trump’s crackdown on immigration.

The Alien Tort Statute and Beyond: Jurisdiction for Victims of International Human Rights Abuses in U.S. Courts

In 2002, Nigerian nationals who had been granted asylum in the U.S. sued Dutch and British oil companies in the Southern District of New York. Specifically, the plaintiffs accused the companies of aiding and abetting the Nigerian government in carrying out environmental damage and human rights abuses. During the mid-1990’s, oil accounted for 95% of the Nigeria’s

Industrial Design: Reinterpreting the Useful Article Doctrine

The separability test’s current binary approach dooms opposing parties to talk past one another, each at a different level of abstraction, with courts only clumsily able to direct the proceedings. Courts could more productively channel discourse if they considered separability across a spectrum. By applying a spectrum, courts would be able to determine the sorts of designs that are truly worthy of copyright protection with greater precision and sophistication.

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