JUDICIAL RECUSAL IN THE POST-CITIZENS UNITED WORLD

JUDICIAL RECUSAL IN THE POST-CITIZENS UNITED WORLD By: Bryan Mette, Volume 103 Staff Member I. CITIZENS UNITED AND CAPERTON In 2010, the U.S. Supreme Court struck down federal limits on independent expenditures by corporations holding that it was unconstitutional under the First Amendment to prohibit political speech based on a speaker’s corporate identity.[1] In doing so, the Court reiterated…

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ARE ALL DEFENDANTS “DEFENDANTS”? 

ARE ALL DEFENDANTS “DEFENDANTS”? HOME DEPOT U.S.A., INC. V. JACKSON AND THE QUESTION OF THIRD-PARTY COUNTERCLAIM DEFENDANTS’ REMOVAL POWERS By: Travis Panneck, Volume 103 Staff Member The Supreme Court has granted certiorari to hear arguments in Home Depot U.S.A., Inc. v. Jackson.[1] The case has been described as “an esoteric battle that only a lexicographer or civil procedure nerd…

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Fourplex City

Fourplex City: Local Politics and Neighborhood Values By: Sarah Trautman, Volume 103 Staff Member In 2017, a super-liberal field of mayoral candidates split the Democratic-Farmer-Laborer party endorsement with vying platforms that each addressed affordable housing as a top issue.[1] Jacob Frey ultimately leveraged his track record of civil rights advocacy and championing economic development to win…

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Democratizing Democracy

Democratizing Democracy: A Private Right of Action Under the Help America Vote Act Would Improve Election Accuracy and Restore Voter Confidence By: Jack Davis, Volume 103 Staff Member Confidence that a person’s vote will be accurately and honestly recorded is confidence in democracy itself. The recount litigation in Bush v. Gore thrust the potential for inaccurate recording of…

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Hi, Fidelity

‘Hi, Fidelity’: States’ Rights to Control Faithless Electors By: Tim Lovett, Volume 103 Staff Member Introduction The 2016 election had the most faithless electors of any presidential election in modern American history, with seven electors casting votes for individuals different from the candidates who won the electors’ respective state’s popular votes.[1] While previous elections have featured…

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Creating the Final Frontier

CREATING THE FINAL FRONTIER: NAVIGATING PROPERTY RIGHTS AMONG THE STARS By: Karthik Raman, Volume 103 Staff Member Introduction It has been more than fifty years since the beginning of the Space Race. The Soviet Union was fresh from victoriously launching the first person into space, and President John F. Kennedy famously declared that America would…

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Cy Pres-ing for Funding

Cy Pres-ing for Funding: How Frank v. Gaos May Affect the Funding of Minnesota’s Legal Services By: Lucas Curtis, Volume 103 Staff Member Legal Aid organizations provide free, essential legal services to low-income clients;[1] however, free services come at a price. Due to diminished resources and a high demand for their services, Legal Aid organizations frequently have to…

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Scoot Back

SCOOT BACK: ADDRESSING THE CHALLENGES POSED BY THE SUDDEN EMERGENCE OF THE E-SCOOTER INDUSTRY By: Alec Minea, Volume 103 Staff Member The scooter, the trendiest[1] and least efficient[2] transportation method of the early 2000s, experienced a glorious, evolutionary resurgence in 2018. Seemingly overnight, cities across the United States became inundated with souped-up, electric versions of their turn-of-the-century…

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Another ACA Lawsuit

ANOTHER ACA LAWSUIT: PRE-EXISTING CONDITIONS, THE DOJ, AND SEVERABILITY IN TEXAS V. U.S. By: Noah Steimel, Volume 103 Staff Member I. INTRODUCTION On June 7, 2018, the Department of Justice (DOJ) filed a brief arguing that the courts should strike down the Affordable Care Act (ACA)’s protections for those with pre-existing conditions.[1]The underlying lawsuit, Texas v. U.S.,…

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