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Burwell v. Hobby Lobby: The Dangers of Protecting First Amendment Rights of Corporations & The Rapid Expansion of “Corporate Personhood”

Posted by on Feb 24, 2016 in Blog | 0 comments

by Katharine Suominen Imagine Occupy Wall Street protests break out again, but this time, the mayor directs the NYPD to let the protesters stay in various private public spaces, like the lobby of a corporate office building. Barclays decides that it does not want to risk bloody confrontations between its own security guards and the occupiers. Instead, it releases a specially programmed fleet of drones to direct air or sound at the occupiers until they leave the premises. New York’s city council then proposes legislation to ban the corporate use of drones. Barclays decides to challenge the ordinance as an unconstitutional restriction on its corporate right of self-defense. The Supreme Court agrees with the corporation and extends Second Amendment rights to all corporations. This hypothetical may seem dramatic and highly unlikely, but it is actually not that farfetched. In recent years, the Supreme Court has vastly expanded the constitutional rights of corporations. Traditionally, constitutional rights were reserved for individuals; however, over time courts began to consider corporations “persons,” a sort of legal fiction, and extend constitutional rights to them. This was the beginning of the legal concept known as “corporate personhood.” The Expansion of Corporate Personhood Corporate personhood began with the extension of contract rights to corporations, but corporate personhood slowly expanded as corporations...

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American Society and Gun Control

Posted by on Feb 17, 2016 in Blog | 2 comments

by Thomas C. Giordano In recent years, Americans have been murdered in mass shootings at an alarming and increasing rate. While mass shootings are always devastating, regrettably, they are nothing new to Americans. Gun violence actually seems to be an accepted part of American culture. In the wake of a mass shooting, there is sadness. Following this sadness is outrage and almost always a call for reform. Unfortunately, nothing ever actually happens. The horrific event is over, and the news picks up the next compelling story that grips the nation. People move on. That is, everybody except the victims’ loved ones. There has been some federal legislation over the last century aimed at restricting access to guns, but not much. One reason for this is that gun legislation is often passed in response to shooting tragedies, which occur sporadically and do not affect entire groups of people on a daily basis. Therefore, it is difficult to apply sustained political pressure for change. Another challenge is the Supreme Court’s Second Amendment jurisprudence. The Supreme Court’s broad interpretation of the Second Amendment has made it almost impossible to tighten gun laws. However, as illustrated by the Civil Rights movement, the American people possess great power in influencing the law. Supreme Court decisions and jurisprudence can change...

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Posted by on Feb 11, 2016 in Blog | 0 comments

by Patrick Prager As a group whose efforts generate large amounts of revenue, the “student-athlete” is surprisingly uncompensated and unprotected In 2013, because of the efforts of student-athletes, the National Collegiate Athletic Association (the NCAA), the body governing college athletics, generated revenues nearing  $900 million dollars. Although the student-athlete’s on-field work leads to these revenues, student-athletes are not considered university employees and, as such, are not afforded the protections that come with that designation under the National Labor Relations...

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Posted by on Feb 9, 2016 in Blog | 1 comment

by Taryn Pahigian Imagine one morning, after you grab your usual iced latte and are waiting for the 7 train to head to work on Madison Avenue, you check your Twitter and decide to peak at your ex-boyfriend’s Twitter account.  You unexpectedly find a naked photo of yourself on his page. Although it may be shocking, this scenario is not far-fetched in today’s digital world.  In fact, this happened to Adriana Batch.  Adriana’s ex-boyfriend posted nude photos of her on...

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Posted by on Feb 3, 2016 in Blog | 0 comments

by Frank J. Tantone A corporation’s director leans back in his chair as he meets with his fellow directors.  He surveys the New York City skyline stretched across the windows of the conference room and begins discussing possible options for the corporation to pursue. This corporation is not deciding whether to offer new stock options to its shareholders.  In fact, it is not even deciding on a new methodology to maximize shareholder wealth at all.  There are no hiring...

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The Most Discriminatory Laws You’ve Never Heard Of

Posted by on Feb 1, 2016 in Blog | 0 comments

by Ryan Matthews The Supreme Court recently decided in favor of same-sex marriage in the long awaited case of Obergefell v. Hodges. As a supporter of LGBT rights, this decision makes me uneasy. I worry this decision will be seen as the end of the gay rights movement. Mission accomplished, time to go home. The gay rights movement has been so focused on marriage rights that other discriminatory laws have been overlooked or ignored. My hope is that instead,...

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Delivering Gideon: Giving Birth to Humane Immigration Laws.

Posted by on Jan 28, 2016 in Blog | 1 comment

by Makousse Ilboudo “Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed, to me: I lift my lamp beside the golden door.” – Emma Lazarus “We don’t detain pregnant women.”  That was the initial response of an El Paso, Texas immigration detention center officer back in 2013 when asked about the number of pregnant detainees in immigration detention centers, according to the American...

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