Category Archives: Insights

The Future of the Affordable Care Act: California v. Texas

MADISON HAUSER—The Patient Protection and Affordable Care Act (“ACA”) yet again appears before the United States Supreme Court. In California v. Texas, Texas and several other states (“the plaintiff states”), and individual plaintiffs, allege that the ACA violates the Constitution. This case frightens many. Should the Court hold the ACA unconstitutional, the decision would upend […]

The Trademark Modernization Act of 2020: Clearing the Dead Wood and Reinstating a Presumption of Irreparable Harm

KELLY MALLOY—On December 27, 2020, the Trademark Modernization Act (“TMA”) was signed into law as part of a bipartisan COVID-19 relief package. Amending the administrative procedure and law surrounding trademarks, the TMA provides for third-party submission of evidence relating to applications, establishes expungement and ex-parte proceedings relating to the validity of marks, and, importantly, reinstates […]

Roman Catholic Diocese of Brooklyn v. Cuomo: The New Supreme Court Revives the Freedom to Exercise Religion Amid COVID-19 Restrictions

AMANDA LOPEZ-CARDET—On November 25, 2020, the United States Supreme Court decided Roman Catholic Diocese of Brooklyn v. Cuomo. It marks the first time since the beginning of the COVID-19 pandemic that the Court has granted an application for injunctive relief by a house of worship, invoking the First Amendment Free Exercise Clause against executive orders […]

U.S. Citizenship Act of 2021: DACA’s Permanency Now Lies in Congress’s Hands

ANA IONESCU—President Joe Biden vowed to achieve a permanent Deferred Action for Childhood Arrivals (DACA) program on his first day in office. In the wake of the Trump administration’s vigorous efforts to rescind DACA, the controversial immigration relief program stands on shaky ground, making it imperative to analyze the way in which it can attain […]

The Evolution of Private Prison Incarceration in the United States

MITCHELL ABOOD—Of the 142 facilities holding federal inmates, twelve are privately managed.  While private prisons may have the undeniable benefit of reducing a states incarceration costs, private prisons present a number of problems that outweigh this benefit. Inmates in private prisons are less likely to receive parole, leading to longer periods of incarceration. Moreover, people […]