Posts in Student Contributor
The Legal Theory That Might Redefine Elections in America: Independent State Legislature Theory and the Moore vs. Harper Case

Moore vs. Harper, which will be argued in front of the Supreme Court in December, centers around the once-fringe independent state legislature theory, a radical legal doctrine that could entirely overturn how elections in America operate. Independent state legislature theory regards an alternative reading of the Constitution that would grant unchecked authority over federal elections to state legislatures, with potential monumental implications for election laws and redistricting. (Image via Pixabay)

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Haaland v. Brackeen: The Uncertainty of Indian Sovereignty

In early November, the Supreme Court will hear Haaland v. Brackeen. The case stands to determine whether the Indian Child Welfare Act of 1978 (ICWA) discriminates on the basis of race, thereby violating the United States Constitution, and if its federal regulation over child placement unjustly commandeers state powers? Given the historical context of the ICWA, the case’s outcome will drastically impact the future of tribal sovereignty.

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Qualified Immunity Doctrine: The Epitome of ‘Judicial Policymaking’

In a pointed solo opinion in Ziglar v. Abbasi (2017), Justice Clarence Thomas urged the Supreme Court, “[i]n an appropriate case,” to “reconsider [its] qualified immunity jurisprudence.” Justice Thomas argued that the Court’s qualified immunity jurisprudence “represent[s] precisely the sort of ‘free-wheeling policy choice[s]’” that are not within the providence of courts’ authority. This brief article critiques Mullenix v. Luna (2015) in order to elucidate the aforementioned concerns.

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“Don’t Say Gay” Law: The Constitutional Conflict Between Parental & LGBTQ Rights

The recent controversial approval of the “Don’t Say Gay” legislation by Florida Governor Ron DeSantis has prompted leaders like President Joe Biden and LGBTQ+ advocacy efforts to question the law’s constitutionality given Supreme Court precedent on LGBTQ+ rights. This article analyzes its legislative framework and implications for the nation’s educational institutions.

(Image via Tampa Bay Times/AP)

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