HLPR Online has just released two new student notes, Modern Approaches to Financial Crime by Andrew Chinsky and Electoral Reform After McCutcheon by Tom Watts. …
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Glitter Bomb Attack!
Jake Laperruque Why can’t those darn Republicans stay focused on the issues? At a time like this, when there are No Jobsleft in the American economy, I want our GOP contenders to be discussing their plans to reduce unemployment. But one presidential candidate has found a more important issue, an issue that poses a threat to our basic safety. And that threat is Glitter Bomb Attacks. …
Volume 8-2
Volume 8-2 of HLPR is now posted on our website! See below for the articles! Symposium: Smart on Crime Foreword Kamala D. Harris Corporate Headhunting Daniel C. Richman A Public Accountability Defense for National Security Leakers and Whistleblowers Yochai Benkler California Prison Downsizing and Its Impact on Local Criminal Justice Systems Joan Petersilia Marijuana Legalization in Colorado: Learned Lessons David Blake & Jack Finlaw General Essays Using Egg Freezing to Extend the …
Why did the D.C. Circuit Strike Down an ACA Regulation?
By Tom Watts Yesterday morning, the D.C. Circuit decided Halbig v. Burwell, and the Fourth Circuit decided King v. Burwell. They addressed whether the text of the Affordable Care Act permits subsidies for individuals who purchase insurance on the federal health care exchange. The D.C. Circuit decided that it did not, while the Fourth Circuit decided that it did. Vox has a summary of the cases, and the Lexington Herald-Leader has an excellent FAQ on the rulings. The decisions split along …
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Dangerous Precedents in Hobby Lobby
by Noah Marks Yesterday morning, the Supreme Court decided Burwell v. Hobby Lobby, holding 5-4 that religious owners of closely-held corporations are exempt from the contraception coverage requirement of the Affordable Care Act based on the 1993 Religious Freedom and Restoration Act. Writing for the majority, Justice Alito strains to emphasize the limited scope of the decision, claiming that it applies only to closely held companies, only to contraception, and only to this preexisting …
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Free Exercise Clause Protection for Junk Science
By Tom Watts Today, the Supreme Court decided Burwell v. Hobby Lobby. In this post, I examine an issue that the Court passed over: whether Hobby Lobby’s belief is actually religious. The Court presumed so, but their presumption was incorrect, and the issue is dispositive. This makes the Court’s decision wrong. The First Amendment protects religious freedom, but it does not provide protection to non-religious beliefs. As the Supreme Court observed in Wisconsin v. Yoder (a case that RFRA …
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