Category Archives: Insights

Will the Constitution Protect Thousands of Immigrants Now Living in Limbo?

ELIZABETH MONTANO—Approximately 70% of immigrants (around 280,000 people) in pending immigration proceedings are detained pursuant to statutes that decree mandatory detention—that is, detention that is required without any opportunity for individualized assessment of whether the detention is appropriate or even necessary. 8 U.S.C. § 1225(b) provides for the mandatory detention of individuals, such as asylum […]

Black Mirror Should Be the Wake-Up Call We Need to Re-Evaluate the Eighth Amendment

BRIANNA SAINTE—In its history, the Eighth Amendment to the U.S. Constitution has been only been dealt with in terms of whether the punishment fits the crime and in a more tangible setting, the classic example being the death penalty for a convicted rapist. Considering how far technology has come, specifically in our penal system, it […]

Minor League Talent on a Major League Stage: How the NHLPA Blundered Olympic Men’s Ice Hockey in Pyeongchang

JEFF SAUER—With a plethora of young American talent disseminated across the National Hockey League (“NHL”) today, American hockey fans were disappointed to watch a United States Olympic Men’s Ice Hockey team–typically a perennial powerhouse in the event–depleted of any top-end talent in Pyeongchang in 2018. Even the captain of Team USA, Brian Gionta, a 39-year-old […]

Aereo 2.0: Why a New Online TV Service May Disrupt the Cable Industry

JULIAN MEJIA-GOMEZ—In 2013, the Supreme Court held that Aereo, a New York startup that retransmitted cable television content over the internet, was engaging in conduct in violation of the Copyright Act. The Court held that Aereo was committing copyright infringement because it publicly transmitted copyrighted material (programming) over the internet, without the owner’s (broadcasting companies […]

It’ll Be Our Little Secret: A Look into the Legality & Enforceability of Nondisclosure Agreements in Sexual Assault and Harassment Cases

ALEXANDER DUDLEY—While 2017 proved to be quite the tumultuous year, two of the biggest shocks included the revelation of sexual assault and harassment allegations against Harvey Weinstein as well as the criminal charges brought against Larry Nassar, which included seven felony counts of criminal sexual conduct and three counts of criminal sexual conduct. The behavior […]