January 16, 2018

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Looking for PR & Finance Directors -

Tuesday, April 26, 2016

Elections 2016-2017 -

Tuesday, April 26, 2016

Why the ERA Failed: Comfort Over Content in the Fight for Women’s Rights -

Thursday, May 5, 2016

The Extent to Which Parents Should Regulate Their Children’s Abortions -

Thursday, May 5, 2016

Human Rights in a Reclusive Context: North Korea -

Thursday, May 5, 2016

Separation without Justification: Parental Rights of Pregnant Juveniles in Correctional Facilities -

Thursday, May 5, 2016

U.S. Asylum after September 11: Failures of the PATRIOT and ID Acts -

Thursday, May 5, 2016

Genomicare: The Affordable Care Act of 2023 -

Thursday, May 5, 2016

“Social Worker with a Gun:” The Role of Policing in Harm Reduction Among Addicts -

Tuesday, April 26, 2016

Pulling Principles Out of Thick Air: The Incorporation of Customary International Law Under the Alien Tort Claims Act of 1789 After Sosa v. Alvarez-Machain -

Tuesday, April 26, 2016

Schuette v. BAMN: Moving Toward a Colorblind Constitution -

Tuesday, April 26, 2016

American Women in Combat: What Israel and Canada Can Teach the United States About Integration -

Tuesday, April 26, 2016

Now Accepting Submissions! -

Tuesday, April 26, 2016

Join WULR! -

Monday, April 25, 2016

The Intersection of Lawlessness and Justice: Police Misconduct -

Tuesday, March 3, 2015

A Recommendation for Eliminating Lifetime Tenure for Federal Judges -

Thursday, January 1, 2015

Admissions Panel A Great Success! -

Sunday, November 9, 2014

Law School Admissions Panel -

Monday, November 3, 2014

VICTORY OF THE MINORITY: The Jehovah’s Witnesses’ Fight for Constitutional Rights -

Monday, June 30, 2014

VACATING CONVICTIONS: The Efficacy of One Form of Relief from the Consequences of Conviction -

Monday, June 30, 2014

Genomicare: The Affordable Care Act of 2023

Author: Jono Bentley, Stanford University. Published in Volume VIII Issue II. 

The cost associated with a single sequencing of the entire human genome is falling rapidly and is predicted to be no more than $1000 within the coming years. Already, sequencing the human genome can inform health care decisions. Scientific knowledge of human genes will reach a point where a doctor’s use of a genome sequence could slow or prevent genetic disease. With the health care system in the United States facing major economic troubles, due in part to poor preventative care, whole genome sequencing (WGS) could serve as a catalyst for addressing these issues. While it is unrealistic to dictate the health care decisions of competent adults, federal legislation should be passed mandating whole genome sequencing for all new births in the United States. This paper looks first at the technology of whole genome sequencing, followed by a discussion of the economics of a mandate, a look at non-economic benefits and problems with a mandate, a discussion of the need for a compulsory mandate as opposed to optional screening, and finally suggests steps for implementing a whole genome sequencing mandate for new births. The paper will present the case that mandating WGS has the potential to bring about one of the most significant reforms in the history of medicine.

 

“Social Worker with a Gun:” The Role of Policing in Harm Reduction Among Addicts

 

sdfgfdhdAuthor: Hannah Schwendeman, University of Washington. To be published in Volume IX Issue I, Winter 2016!

The relationship between the police and addicts is obviously fraught with tension; however, while the police are seen as an instrument of oppression and aggression to many addicts, they are also representatives of the institution most likely to improve addicts’ circumstances due to their discretion and authority. If we acknowledge that the police are not law enforcers, but agents of security and peace, then it is possible for the police to enact forms of harm reduction. While the police and drug addicts will always be in an oppositional relationship, the police need to consider the public health consequences and experiences of drug addicts when using their discretionary power on the street: in fact, it is their fundamental responsibility to do so.

 

 

Pulling Principles Out of Thick Air: The Incorporation of Customary International Law Under the Alien Tort Claims Act of 1789 After Sosa v. Alvarez-Machain

Author: Habib Olapade, Stanford University. To be published in Volume IX Issue 1, Winter 2016!

This essay conducts a critical analysis of Justice Antonin Scalia’s dissent in Sosa v. Alvarez-Machain. In Sosa, David Souter, writing for six of the justices, held that federal courts could incorporate customary international law (CIL) into their interpretations of the Alien Tort Claims Act (ATCA), § 9(b) of the Judiciary Act of 1789, as long as the custom in question was specific and accepted by the international community. Scalia dissented and maintained that federal courts had surrendered the power to incorporate CIL into their decisions when Erie Railroad Co. v. Tompkins (1938), a case that purported to eliminate federal common law-making authority, was decided. However, in his opinion, Scalia conceded that a jurisdiction-vesting clause such as the ATCA could be a valid exception to the Erie decision if it was passed under the Court’s “general jurisdiction to decide all cases arising under the Constitution, laws, or treaties of the United States.” In four parts, this paper closely analyzes Justice Scalia’s claims about the ATCA’s legislative history, design, implementation, and the federal judiciary’s interpretation of the ATCA before and after the Court’s Erie decision in 1938. It not only concludes that Scalia’s opinion is inconsistent with a proper understanding of the ATCA’s history, text, structure, implementation, and interpretation, but also finds that the ATCA falls under his own conceded exception.

Schuette v. BAMN: Moving Toward a Colorblind Constitution

Author: Stephanie Haines, Grinnell College. To be published in Volume IX Issue I, Winter 2016!

This paper analyzes the recent Schuette v. BAMN Supreme Court decision in terms of social, historical, and legal context and also considers larger implications of the decision.  It argues that this decision continues the Roberts Court shift toward a colorblind Constitution.  This paper was submitted as a final research paper for Professor Rebecca Hamlin’s constitutional law seminar at Grinnell College in the spring of 2014.

 

American Women in Combat: What Israel and Canada Can Teach the United States About Integration

Author: Dakota Blagg, University of Washington. To be published in Volume IX Issue I, Winter 2016!

The United States will rescind its combat exclusion ban on women in 2016. Opponents fear that integration will undermine unit cohesion, weaken combat effectiveness, increase sexual assault rates, and undermine safety through chivalry. Elsewhere, Canada and Israel do not exclude women from combat. Their experiences suggest what are likely to be the effects of ending the combat ban in the United States. This paper examines whether women should be given the right to serve in combat based on the experiences these other countries have had on women’s integration. This report finds that Canada and Israel have seen minimal effects on unit cohesion, combat effectiveness, sexual assault, and safety. This suggests that the integration of women will not have a negative effect on combat performance in the United States.

Photo Credit: KANN.studio/Shutterstock.com