Archive for April 2015
Blog Post #37: The Supreme Court’s Flippant Disregard for Corporate Law Precedent
By Brittany Knutson The majority opinion in Burwell v. Hobby Lobby Stores, Inc. shows a lack of understanding of relevant corporate law precedent and the arguments it makes for a corporation’s right to “exercise religion” are flawed.[1]This article first asserts that the majority inappropriately used Braunfeld v. Brown[2] to demonstrate that the Religious Freedom Restoration Act (“RFRA”) should apply to…
Read MoreBlog Post #36: When Wellness Programs Violate GINA and the ACA
By Janei Au The Affordable Care Act created an exception for workplace wellness programs under the HIPAA non-discrimination provisions.[1] This allows employers to offer benefits or incentives to only those employees who either participate in wellness programs or meet health objectives.[2]However, some employers have taken this further, actually penalizing those who do not wish to participate…
Read MoreBlog Post #35: Free Range Parenting, Police Discretion, and Unsubstantiated Neglect
By Aabru Madni Debates over parenting styles are always a point of contention for courts.[1] Typically, courts would rather avoid meddling in family affairs and parenting styles. Nonetheless, some of the more questionable parenting approaches find their way to court.[2] Recently, debates regarding a parent’s choice to vaccinate their children have found the limelight, especially after a…
Read MoreBlog Post #34: Whether the Controlled Substances Act Preempts State Laws Legalizing Marijuana
By Chris Erly State legalization and regulatory efforts of marijuana, most notably in Colorado and Washington, conflict with the Controlled Substances Act (CSA), which makes marijuana illegal throughout the country.[1] Marijuana’s Schedule I designation means that it cannot be legally prescribed and cannot be possessed in any amount without constituting a federal crime.[2] Moreover, the…
Read MoreBlog Post #33: Planet Fitness’s Judgment-Free Zone Includes LGBT Protections in the Locker Room
By Isabel Gomez Planet Fitness prides itself on being a judgment-free gym where members can workout free from intimidation and ridicule by other members.[1] The judgment-free zone extends far beyond the treadmill and outside someone’s fitness ability.[2] Notably, Planet Fitness takes LGBTQ protection and respect one step further with its gender identity non-discrimination policy that allows members…
Read MoreBlog Post #32: Natural Hair: When Cultural Curiosity Causes Emotional Distress
By Monique Nettleford-Bruce For many black women in the United States, going “natural” has become the champion of self-growth and self-acceptance.[1] The pride that so many women carry regarding their hair permeates through their interactions with others and may be the subject of their YouTube posts and Facebook updates.[2] Amidst all of the ways that black women…
Read MoreBlog Post #31: Same-Sex Marriage Bans Will Likely be Overturned by The Supreme Court
By Amanda Molina Recently granted certiorari by the Supreme Court for the 2015 term,Obergefell v. Hodges, consolidated with three other challenges to state marriage bans, will hopefully resolve the same-sex marriage question.[1]Specifically, the Supreme Court will consider whether the Fourteenth Amendment requires states with same sex-marriage bans, including Tennessee, Michigan, Ohio, and Kentucky, to grant marriages…
Read MoreBlog Post #30: A Swift Change in Trademark Rights: Taylor Swift’s Battle to Protect Her Brand
By Amy Yoon The future of trademark law has a surprising new face – Taylor Swift.[1]Swift is certainly no stranger to media scrutiny, but rather than garnering attention for her volatile love life, she is now at the center of what seems to be a new wave of trademark rights for recording artists.[2] Trademark rights are…
Read MoreBlog Post #29: Homelessness and LGBTQ Youth
By Krupa Patel Forty percent of homeless youth who receive assistance from some agency or institution have self-identified as LGBT and thirty percent of street outreach clients identified as LGBT.[1] While some of these youths face homelessness unrelated to their LGBTQ status, many attribute homelessness to the challenges they faced specifically because of their gender identity…
Read MoreBlog Post #28: Voter Empowerment Act
By Emmanuel Catalan On March 19, 2015, members from the House of Representatives such as John Lewis, Steny Hoyer, and James Clyburn reintroduced The Voting Empowerment Act while Kirsten Gilibrand introduced a companion bill in the Senate.[1] In light of the 50th anniversary of the March on Selma on March 21, 2015, the President, members of…
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