TO HAVE AND TO HOLD REGARDLESS OF CONSENT?: WHY THE MODEL PENAL CODE’S SEXUAL ASSAULT PROVISIONS SHOULD NOT INCLUDE AN AFFIRMATIVE DEFENSE FOR SPOUSES AND INTIMATE PARTNERS By: Grace Quintana, Volume 102 Staff Member The fight for the right to control the terms of marital intercourse can be traced as far back as the first…
Bush v. Gore
BUSH V. GORE: CAN THE SUPREME COURT’S MOST POLITICAL CASE PREVENT RUSSIAN HACKING OF VOTING MACHINES? By: Jakob Brecheisen, Volume 102 Staff Member Bush v. Gore[1] is nothing short of notorious.[2] Despite Justice Antonin Scalia admonishing Americans to “get over it,”[3] many continue to believe that Bush v. Gore is the prime example of a…
The Gymnasts’ Army in the Age of Viral Media
THE GYMNASTS’ ARMY IN THE AGE OF VIRAL MEDIA: VICTIM IMPACT STATEMENTS’ CULTURE-SHIFTING POTENTIAL By: Julia Wolfe, Volume 102 Staff Member “I thought that training for the Olympics would be the hardest thing that I would ever have to do. But, in fact, the hardest thing I would ever have to do is process that…
CFPB’s Independent Director
THE CFPB’S INDEPENDENT DIRECTOR STRUCTURE SURVIVES—FOR NOW By: Nick Kaylor, Volume 102 Staff Member The Consumer Financial Protection Bureau (“CFPB”) received a small victory on January 31, 2018, when an en banc panel of the D.C. Court of Appeals upheld 7-3 the agency’s single director structure as constitutional.[1] PHH Corporation (“PHH”)—the mortgage lender who brought…
The H-4 Dreamers
THE H-4 DREAMERS: PROVIDING A FUTURE FOR THE CHILDREN OF H-1B VISA HOLDERS By: Frances Fink, Volume 102 Staff Member In September 2017, President Donald Trump ordered an end to the Deferred Action for Childhood Arrivals program (“DACA”).[1] The program provided protection from deportation for hundreds of thousands of undocumented young people brought into the…
From Bulbs to Bitcoins
FROM BULBS TO BITCOINS: THE LEGALITY OF CORPORATE BANKING RESTRICTIONS ON CREDIT CARD CRYPTO-CURRENCY PURCHASES By: Peter G. Economou, Vol. 102 Staff Member The modern world is one of exponential technological innovation and growth. From drone delivery services and autonomous vehicles, to artificially intelligent personal assistants capable of becoming either your closest ally or immortal…
Waiting on You, SEC
WAITING ON YOU, SEC: ARE CRYPTOCURRENCIES SECURITIES OR NOT? By: William Paterson, Volume 102 Staff Member Love it or hate it, cryptocurrency[1] is likely here to stay. Although confusing to many, entirely unknown to some, or disdained by others, cryptocurrencies have found a niche.[2] This niche has led to popularity and like other commodities,[3] such…
Net Neutrality
NET NEUTRALITY: A SOLUTION TO A PROBLEM OR A SOLUTION IN SEARCH OF A PROBLEM? By: Tash Bottum, Volume 102 Staff Member The internet is everywhere. The last two decades have seen extraordinary growth in internet use, investment and innovation.[1] In order to ensure continual growth, the Federal Communications Commission (“FCC”) has committed itself to…
Clearinghouses
CLEARING HOUSES: THE ROAD MORE TRAVELLED[1] By: James Patterson, Volume 102 Staff Member Imagine two roads running through a rural county. One is ungraded, dark, and winding. The other is straight, well lit, and nicely paved. Imagine also that the county’s roads have tolls that are levied based on the dangerousness of the type of…
Of T-Shirts and Tea Parties
OF T-SHIRTS AND TEA PARTIES: MINNESOTA VOTERS ALLIANCE V. MANSKY AND THE MEANING OF “POLITICAL” By: David A. LaBerge, Volume 102 Staff Member In Minnesota, wearing political clothing to a polling place can land you a petty misdemeanor and keep you from casting your vote.[1] At least for now. On February 28th, 2018, the United…