By Adriel Cepeda Derieux* Late last month, the Supreme Court heard argument in Department of Commerce v. New York. The case will determine whether the Trump administration can change the census by adding a question that asks the citizenship status of all persons in the United States. Despite petitioners’ misleading arguments, that question has no precedent or tradition. When a citizenship-related question has been asked at all—as it is currently, in the American Community Survey (ACS) sent …
The Fight Against Felony Disenfranchisement
By Christopher Poulos* On election night of 2008, I was incarcerated at a federal prison in Lewisburg, Pennsylvania. I was the only white prisoner in the TV room of my unit as we watched the election results stream in. It became evident that Senator Barack Obama would become our nation’s first black president. African American men filled the room, one of whom had marched with Dr. King during the Civil Rights Movement. Tears streamed down his face as we collectively witnessed this pivotal …
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Gig Workers’ Fight For Justice: A View From Comparative Law
By Jeremy Pilaar* Earlier this month, Uber and Lyft drivers across the United States and the world went on strike. Despite facing immense barriers to organizing, thousands closed their apps and took to the streets to demand fair pay and benefits. The actions were long overdue. The companies are collectively valued at over $80 billion. Yet more than half of American Uber and Lyft drivers earn below their state’s minimum wage. Only a third of what passengers pay ends up in drivers’ …
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A Prosecutor’s Credo, Robed Oracles, and Gideon’s Angels: A Review of Doing Justice
By Daniel M. Coble* “Do the right thing, in the right way, for the right reasons.” -Preet Bharara, Doing Justice Introduction The power to prosecute is a heavy burden to bear. From a simple fine to the ultimate punishment, a prosecutor knows well that the crown is heavy to wear. While it can take years, if not decades, for a young attorney to learn the ins and outs of this newfound power, Mr. Bharara’s book Doing Justiceis extremely useful as a guidebook to those who wish to …
Don’t Expect Chief Justice Roberts to Protect Abortion
By Daniel Cotter* In recent days, Alabama and Missouri have joined some other states in enacting laws that make abortion criminal in almost all instances and at an early point in the pregnancies. Some progressives and others have some hope that Chief Justice Roberts will save Roe v. Wade.Recent judicial biographies tell the story of how the “troika” of Justices Kennedy, O’Connor, and Souter saved Roe in Casey v. Planned Parenthood of Southeastern Pennsylvania. We do not have any of those …
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How Lawmakers Let Effective Unemployment Policy Drift Away
By Jeremy Pilaar* Lawmakers must pay constant attention to changes in the world around them. Societal problems are rarely static. Instead, they evolve—often assuming unexpected forms that challenge prior assumptions about how to solve them. When policymakers forego this exercise, they risk exacerbating social harms. I chronicle one example of this phenomenon in the latest issue of the Harvard Law & Policy Review, in a Note titled “Reforming Unemployment Insurance in the Age of …
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