Constitutionality of DACA Rescission

On September 5, the current administration rescinded the guarantee to many young people currently in America illegally that the government would not interfere with their work or studies. This program, known as the Deferred Action for Childhood Arrivals (or DACA) was designed to allow young undocumented immigrants, brought to America illegally, work permits and safety

North Dakota’s Relaxed Pro Hac Vice Provision for Water Protectors Should Stay

The North Dakota Legislature clarified that it believes constructing pipelines matters more than protecting people’s right to peacefully protest when it passed legislation in January 2017 that increases penalties for and further criminalizes acts of non-violent resistance. The impetus for this batch of anti-protest legislation was the Standing Rock movement, in which the Standing Rock

A SLAPP From DAPL

Introduction Attempts to squash public advocacy through fictional complaints are fun to read, until the potential of them being taken seriously sets in. On August 22, 2017, in the Western Division of North Dakota, Energy Transfer Partners (“ETP”) filed a complaint against Greenpeace and other environmental nonprofits for racketeering in violation of RICO, defamation, tortious

Lessons in Diversity Jurisdiction from the First Circuit

The importance of subject-matter jurisdiction is axiomatic in federal courts. Parties must either get to federal court via a federal question or on the basis of diversity of citizenship. Given the centrality of subject-matter jurisdiction, Federal Rule of Civil Procedure 12(h)(3) mandates that cases that lack subject-matter jurisdiction must be dismissed. Even when issues of

Microsoft v. Baker

Without the class action, many consumers would have no practical remedy for damages suffered no matter how good a claim they may have. For instance, when a consumer believes he is sold a faulty Xbox 360 that damages his $30 videogame disc, it makes no sense for him to pay the $400 filing fee to

Dairy Farmers & a Missing Comma: O’Connor v. Oakhurst Dairy

A missing comma caused much consternation over the meaning of a state’s employment laws at the First Circuit recently. In a March 13, 2017 decision, the appellate court worked overtime to analyze Maine’s Wage and Hour Law and a specific statutory exemption that would apply to drivers of enumerated food products. Specifically, this exemption noted that

States Push Back Against Peaceful Protests (Part One)

In the wake of President Trump’s executive order banning immigration from seven Muslim-majority countries, millions of protestors took to the streets across the country to voice their concerns and grievances involving Trump’s immigration stance. While Muslims and Muslim support groups are encouraged by and grateful for the support provided by protestors across the country, Republican

Electoral College: Outdated, but Here to Stay

The recent election has brought the United States’ presidential voting system, the Electoral College, into the limelight. Through this system, each state is awarded a number of electoral votes based on its number of representatives in Congress. In all states except Maine and Nebraska, the presidential candidate who wins the popular vote in that state

Legal Protection of a Digital Resurrection

Not long ago, the death of an actor also meant the death of his or her characters. If the actor died before filming was complete, there may have been no other choice but to scrap the movie altogether. Now, however, advances in technology have made it possible to digitally “resurrect” actors, thereby potentially saving both

The Chase for 75%: The History of Steroids and Stigma in Baseball

From the seven-year old player on a Little League team to the Major Baseball League’s most decorated hitter, all baseball players have the same dream: to make it to Cooperstown, the illustrious Baseball Hall of Fame. Each year, the Baseball Writers’ Association of America votes on a list of eligible players for induction into the

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