Category Archives: Analysis

First Step (Act) in the Right Direction

BENJAMIN LONGNECKER—The recent passage of the First Step Act retroactively applies the Fair Sentencing Act of 2010, addressing a politically and legally-charged topic in criminal justice reform: the disparate sentencing of nonviolent drug offenders who use powder and crack cocaine. After Congress passed the Anti-Drug Abuse Act of 1986, a person had to possess 100 […]

ICYMI: Paying Public Defenders More Could Reduce Jail Costs While Avoiding a Constitutional Crisis

ALLI KATZEN—Although recognized as a crisis by the American Bar Association for over 30 years, the issue of overburdened and overworked public defenders is yet to be resolved. In fact, as budget cuts deepen, pay disparities intensify, and over-criminalization continues, the problem is worsening. Last month, the New York Times highlighted the potential constitutional violation—ineffective […]

Dual-Sovereignty Doctrine Up For Gamble

SOPHIA RUB—On December 6, 2018, the Supreme Court of the United States heard oral arguments for Gamble v. United States. The defendant, Gamble, called for the Court to revisit the constitutionality of the dual-sovereignty doctrine as a valid exception to the Double Jeopardy Clause of the Fifth Amendment. Embed from Getty Images The Fifth Amendment’s […]

Rethinking Art-Related Disputes: How the Court of Arbitration for Art Plans to Revolutionize Decision-Making Accuracy and Appease the Art Market

STEPHANIE ROSNER—On January 1, 2019, the Court of Arbitration for Art (CAfA) began accepting art-related disputes for review. This step marks the latest development in the formation of the long-anticipated art law tribunal, which formally launched on June 7, 2018 during the Authentication in Art 2018 Congress. Although the CAfA is based in the Hague, […]

After a Decade of Silence, the Supreme Court Re-Enters the Gun Rights Debate

ANNE MARIE MCLAUGHLIN—In 2008, the Supreme Court held in District of Columbia v. Heller that the Second Amendment protects an individual’s right to keep guns in the home for self-defense. Two years later, the Court extended Heller to apply to both state and local governments. For nearly a decade after, however, the Supreme Court declined to […]