Blog — Brown Undergraduate Law Review

Brown Undergraduate Law Review

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

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)

Student ContributorJesse Eick '26November 13, 2022Comment

Moore v. Harper Supreme Court Case

Moore v. Harper Supreme Court Case

The Moore v Harper Supreme Court case which is set to be argued following the 2022 Midterm elections will have serious implications for the future of redistricting. Will the country continue to use our current system of checks and balances in the way voting is administered? (Image via iStock Photos)

Student ContributorJacqueline Metzler '26November 12, 2022Comment

Twitter vs. Musk: The Legality of the Twitter Deal in the Face of Musk’s Potential Abandonment

Twitter vs. Musk: The Legality of the Twitter Deal in the Face of Musk’s Potential Abandonment

This article overviews Elon Musk’s acquisition of Twitter and presents the legal arguments that would arise if he backed out of his original Twitter deal. (Image via NY Times)

Student ContributorHaley Joyce '23.5November 11, 2022Comment

The Implications and Impact of Dobbs on Privacy

The Implications and Impact of Dobbs on Privacy

The overturning of Roe in the controversial Dobbs opinion sparked outrage and calls to reform the Supreme Court as an institution. Dobbs reduces the right to female autonomy and reproductive freedom—and an emboldened conservatism in the Supreme Court has thrown into question the future of privacy protections in Loving and Obergefell.

Student ContributorGreta Filor '24November 10, 2022Comment

Haaland v. Brackeen: The Uncertainty of Indian Sovereignty

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.

Student ContributorGrace Posorske '24November 9, 2022 Comment

Central American Immigration Affairs After Biden v. Texas

Central American Immigration Affairs After Biden v. Texas

After a summer SCOTUS ruling about the Trump-era “Remain in Mexico” policy, the Biden administration faces difficult questions regarding the future of Central American immigration.

Student ContributorConnor Wayne Kraska ‘23November 7, 2022Comment

Legal Overreach: The Murky Boundaries of Public Health Litigation

Legal Overreach: The Murky Boundaries of Public Health Litigation

With public health law being applied to cases ranging from vaccination mandates to regulating greenhouse gases, legal critics are skeptical of the field’s legitimate scope and the current Supreme Court has aggressively diminished the applicability of public health litigation.

Student ContributorAshley Ganesh '25November 6, 2022Comment

Students for “Fair” Admissions: How the Supreme Court Could Harm Colleges

Students for “Fair” Admissions: How the Supreme Court Could Harm Colleges

The Supreme Court has two huge affirmative action cases this term. The implications of their decision will rock college admissions for years to come. (Image via iStock Photos)

Student ContributorAndreas Rivera Young '24November 2, 2022affirmative actionComment

Judicial Fluctuations In the Land of Opportunity: Changes in Religious-Based Employer Discretion Post-Bostock v. Clayton County

Judicial Fluctuations In the Land of Opportunity: Changes in Religious-Based Employer Discretion Post-Bostock v. Clayton County

With the Supreme Court’s decision in including sexual orientation among sex-based discrimination, courts must review their standards for what entities qualify for employer religious exemption.

(Image via Texas Monthly)

Student ContributorAlexandra Herrera '23October 28, 2022Comment

Qualified Immunity Doctrine: The Epitome of ‘Judicial Policymaking’

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.

Student ContributorThomas H. Bickel '22May 6, 2022Comment

“Free”ports: The Role of Autonomous Zones in the Exploitation of the Global Art Market

“Free”ports: The Role of Autonomous Zones in the Exploitation of the Global Art Market

The lack of regulations concerning imports and exports to and from freeports detrimentally affects the global art market by allowing wealthy collectors to exploit these tax havens.

Student ContributorAlexandra Herrera '23May 5, 2022Comment

Student Mental Health in the Legislature and at Brown

Student Mental Health in the Legislature and at Brown

Mental health is an increasingly serious issue on college campuses. One senator is spearheading the charge to address it, but more must be done.

Student ContributorConnor Wayne Kraska ‘23May 4, 2022Comment

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

“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)

Student ContributorAshley Ganesh '25May 3, 2022Comment

“The Province of All Mankind”: Rethinking the Outer Space Treaty of ‘67

“The Province of All Mankind”: Rethinking the Outer Space Treaty of ‘67

As advancements in technology have permitted far more frequent and impactful interactions between nations and outer space, the necessity of modernizing one of the only pieces of legislation monitoring state behavior has become increasingly apparent.

Student ContributorGrace Posorske '24May 2, 2022Comment

James v. NRA: The NRA’s Fight to Survive in New York

James v. NRA: The NRA’s Fight to Survive in New York

Written after the recent block of New York Attorney General Letitia James’ bid to dissolve the NRA, this article tracks the history of the fight between the two parties and discusses what is at stake going forward.

(Image via Jim Lo Scalzo/EPA)

Student ContributorNicholas Duffy '24May 1, 2022 Comment

Addressing the Digital Age in Family Law: Divorce and Domestic Violence in New Jersey

Addressing the Digital Age in Family Law: Divorce and Domestic Violence in New Jersey

The impact of technology on the legal system is at the forefront of legal scholarship. The Family Court System in New Jersey serves as a case study for how the court system responded to technology with regards to both legal procedure and domestic violence.

Student ContributorOlwyn Kells '23April 30, 2022Comment

Dok-do or Takeshima? The Territorial Dispute Between South Korea and Japan.

Dok-do or Takeshima? The Territorial Dispute Between South Korea and Japan.

The territorial dispute regarding Dok-do/Takeshima islet has been a topic of contention between South Korea and Japan throughout the entire 20th century. This article will discuss the history behind this dispute, and analyze the issue from past attempts of international law.

(Image via HANDOUT/Reuters)

Student ContributorMin Namgung '24April 29, 2022Comment

The Old and the New: President Biden’s Regulatory Stance on Cryptocurrency

The Old and the New: President Biden’s Regulatory Stance on Cryptocurrency

President Biden’s executive order marks a turning point in the Biden Administration’s response towards cryptocurrency and other digital assets such as NFTs (non-fungible tokens). This article looks into the future of regulating digital assets and how the government will protect consumers.

Student ContributorAndreas Rivera Young '24April 28, 2022Comment