Posts by lawreview

By: Adler Pierce, Volume 106 Staff Member An amateur, as defined by the National Collegiate Athletic Association (NCAA), “is someone who does not have a written or verbal agreement with an agent, has not profited above his/her actual and necessary expenses or gained a competitive advantage in his/her sport.”[1] The concept of “amateurism” has been…

By: Marine Loison, Volume 106 Staff Member I. INTRODUCTION The Sackler name has been synonymous with the opioid crisis in the United States. Now, it has also become a household name in Bankruptcy Court.[1] On December 16th, 2021, Judge McMahon answered the “great unsettled question” of Bankruptcy Court’s statutory authorization by granting non-consensual release of third-party…

By: Kaylyn Stanek, Volume 106 Staff Member A primary justification for the U.S. consumer bankruptcy system is giving debtors a fresh start.[1] Although one might assume an individual must exchange all of their assets in exchange for moving forward, this is not true. The Bankruptcy Code[2] and Minnesota law[3] provide “exemptions” that curb a creditor’s…

By: Xiaoyuan Zhou, Volume 106 Staff Member On January 19, 2022, the Court of Appeals for the D.C. Circuit heard oral argument in Nancy Huisha-Huisha v. Alejandro Mayorkas.[1] The case is about whether the public health laws under 42 U.S.C. § 265, often referred to as the “Title 42 Policy,” grant the Center of Disease…

By: Zach Robole, Volume 106 Staff Member The inability of our legislatures to keep up with the boom of Internet technology has forced a conversation about privacy to the forefront of American discourse.[1] Unfortunately, even when state or federal legislatures do attempt to regulate a new technology to protect privacy rights, their solutions often contain…

By: Ayesha Mitha, Volume 106 Staff Member On January 13, 2022, the United States Supreme Court dealt a blow to the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) for large employers. The decision put the ETS on hold indefinitely.[1] Among other things, the ETS mandated that all businesses with 100 or more…

By: Helen Winters, Volume 106 Staff Member This Supreme Court term has so many high-profile cases, ranging from abortion to gun rights to vaccines, that West Virginia v. Environmental Protection Agency has received little attention.[1] The number of landmark cases this term could make it one of the most consequential terms in history. West Virginia…

By: Ben Parker, Volume 106 Staff Member Employers and employees have had a tumultuous relationship over the course of recent American history.[1] One change was the rise in arbitration after the passage of the Federal Arbitration Act (FAA) in 1926. The FAA permits employees and employers to use arbitration to resolve controversies when an employee…

By: Andrew Eggers, Volume 106 Staff Member In 2021, both New York[1] and New Jersey[2] joined the growing number of states which offer employment protections for workers engaging in legal, off-duty medical marijuana consumption. Conspicuously, two pioneering states of legal marijuana use—Colorado and California—remain absent from the list of states offering employment protections to employees…

By: Bridget Hoffmann, Vol. 106 Staff Member In his 2021 Year-End Report on the Federal Judiciary, Chief Justice John Roberts emphasized the importance of maintaining judicial independence[1] in response to public criticism and calls to impose “ethics and transparency measures” on the federal courts.[2] The Chief Justice specifically addressed recent Wall Street Journal (“Journal”) reporting…