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  The Fourteenth Amendment and the Heart of the Constitution

  Guy Chet

  Since the nineteenth century, Americans have worked consistently to liberate their national government from the Constitutional constraints placed on it by Madison and his colleagues. This effort has transformed the United States from a federated republic in which local communities governed themselves into a modern managerial nation-state that is governed from the center. In this article, Dr. Guy Chet argues that the key to this transformation – of the Constitution and of the United States – was the Fourteenth Amendment.

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  The Fight for Pay: How the Supreme Court Ultimately May Use Antitrust Law to Allow Student-Athletes to be Paid

  Josef Nilhas

  The NCAA has long avoided the idea of compensating players. Josef Nilhas discusses how now, after years of inaction, this decision may ultimately lay in the hands of the Supreme Court from the perspective of federal Antitrust law.

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  Black Lives Matter: Bridging the Gap Between Accountability and Justice

  Nicole Chabloz

  The United States has a long history of police violence against Black Americans. In this article, Nicole Chabloz discusses the Chauvin verdict and the impact it will have on the fight for justice and equality.

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  Contract Clauses Under Scrutiny: COVID-19

  Mike Zawalski

  Force majeure clauses have saved many businesses that have been unable to perform their contractual obligations during the COVID-19 pandemic. In this article, Mike Zawalski discusses case law on force majeure provisions in the time of the COVID-19 pandemic.

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  What Can We Learn from Amy Coney Barrett’s First Opinion?

  Blake Stocke

  In her first opinion, Justice Amy Coney Barrett wrote an opinion that limits the Freedom of Protection Act. In this article, Blake Stocke will explore how her opinion interprets the Act, and what we can learn from this opinion moving forward.

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  Fallout Avoided? Zoombombing Litigation Update

  Kaitlin Carpenter

  In this article, Kaitlin Carpenter discusses Zoom’s dark side in a practice called Zoombombing, and also provides an update on the lawsuit addressing this problem.

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  Missouri’s Chance at Low-Cost Renewable Energy ‘Gone with the Wind’?

  Jeff Becker

  The Grain Belt Express, a large-scale wind energy transmission line that will span across much of the Midwest, may now be blocked from proceeding in Missouri if House Bill 527 passes in the state Senate. In this article, Jeff Becker advocates against the passage of the bill, arguing that it is contrary to the state's public interest because it would deprive Missourians of the substantial benefits the project, both economic and environmental.

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  Freedom of Tweets: The Role of Social Media in a Marketplace of Ideas

  Patrick Ganninger

  One of the more polarizing political issues of 2021 was when social media platforms like Twitter permanently banned President Donald Trump from their platforms. As the law stands, most experts agree that the First Amendment does not restrict online social media platforms from exercising broad discretion to censor content or individuals. However, even if social media platforms have a right to unilaterally ban users from their platforms, should they? More importantly, should we let them? In this article, Patrick Ganninger explores these important questions.

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  The Fate of the Public Charge Rule Following a Covid-19 Era

  Jacquelyn Sicilia

  Within two weeks of the new administration, President Biden sought immediate review of the long existing Public Charge Rule and former President Trump's changes to it. In this article, Jacquelyn Sicilia discusses the recent litigation on the Public Charge Final Rule and where it stands today.

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  Democracy Under Attack: Iowa’s ‘Bloody Second’

  Dylan McCloskey

  The 2020 election is in the past for most Americans, but not for Iowans who live in the Second Congressional District where a contested election challenge is just beginning. Dylan McCloskey discusses how a contested election works and what impact this may have on our democracy.

  *Photo by Darren Halstead on Unsplash

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  My Body, My Temple: The Constitutional Requirement for Religious Exemptions to a COVID-19 Vaccination Mandate

  Ben Davisson

  While the COVID-19 crisis has caused many to fear the threat that the virus poses to the health and safety of themselves and their loved ones, for others, and particularly for those with certain religious beliefs, the cure is worse than the disease. The possibility of a government mandated vaccine has caused extreme anxiety for many Americans. In this article, Ben Davisson discusses the constitutionality of mandatory vaccination programs and how such programs may come into conflict with the Free Exercise Clause of the First Amendment.

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  HIPAA-Phobia Hampers Efforts To Track And Contain COVID-19

  Lee Hiromoto M.D., J.D.

  The Health Insurance Portability and Accountability Act (HIPAA), enacted by the US Congress 1996, laudably protects medical privacy in healthcare settings. However, this federal law has created a culture of fear that limits current efforts to address the COVID-19 pandemic. Healthcare providers, who are covered by HIPAA, may be reluctant to disclose information about outbreak clusters for fear of violating the law. Healthcare organizations, who are also covered by the law, still rely on fax machines to avoid violating HIPAA’s data security requirements. And the scrupulous rule-following in healthcare has given independent life to a HIPAA boogeyman. Thus, officials who are not covered by the law (e.g. schools) withhold or deter the release of valuable information—even when HIPAA does not apply to them. The Executive has taken some action to relax HIPAA in these unprecedented times and should take further action, along with Congress, to balance privacy rights with the need for greater transparency in the fight against COVID-19.

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  The CDC’s Moratorium: Will the New Year Bring About an Eviction Crisis?

  Matt Donahoe

  The new relief bill has extended the eviction moratorium another month. In this article, Matt Donahoe discusses whether this will provide tenants the necessary protection to avoid an eviction crisis as well as whether the moratorium is an infringement upon a landlord’s constitutional rights.

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  United States v. Arias: Can the Confrontation Clause Compel Discovery?

  Ryan Gallagher

  In United States v. Arias, the Eighth Circuit ordered documents to be produced on the basis of the Confrontation Clause. Despite creating a circuit split, in this article Ryan Gallagher argues that the holding is correct.

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  The Due Process Protections Act: Is the Juice Worth the Squeeze?

  Allyson Benko

  President Trump signed the Due Process Protections Act into law on October 21, 2020. Allyson Benko discusses how Federal judges must now remind prosecutors on the record of their obligation under Brady v. Maryland to disclose exculpatory evidence to the defense in every criminal case.

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  Rios v. Bayer: The Illinois Supreme Court Recognizes Bristol-Myers Squibb

  Jamison Winters

  Madison County, Illinois is a favorite venue among forum shoppers. Jamison Winters discusses how, by recognizing Bristol-Myers Squibb’s narrowing of the relatedness standard in specific personal jurisdiction, the recent Illinois Supreme Court decision in Rios v. Bayer may work to discourage forum shopping in venues like Madison County.

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  Poll Watching: You and What Army? An Analysis of Voter Intimidation Concerns in the 2020 Presidential Election

  Emma Lapp

  In light of President Donald Trump's recent calls for his supporters to monitor polling places, Emily Lapp discusses the differences between lawful poll watching and voter intimidation.

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  The Further Downfalls of DCFS During the COVID-19 Pandemic

  Josie Finch

  The COVID-19 pandemic has brought nationwide trials and tribulations but in Illinois, it has brought further complications to an already struggling Department of Children and Family Services. In this article, Josie Finch discusses the consequences of isolation and economic issues on at-risk children in Illinois as a result of the COVID-19 pandemic.

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  Filling a Supreme Court Vacancy: The Legality of Confirming Amy Coney Barrett during an Election Year

  Ryan Krutz

  In light of the recent Supreme Court nomination of Amy Coney Barrett by President Donald Trump, Ryan Krutz discusses the legality of confirming her during a presidential election year.

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  Top Executives Forgoing Their Salaries in the Face Of COVID-19: A Benevolent Act or Deceitful Trick?

  Lauren Sullivan

  As financial hardship hits us all in the wake of COVID-19, affluent executives of top companies have announced relinquishment of their 2020 salaries. While appearing to be to sharing the financial suffering with their lower employees, Lauren Sullivan dives into the question of how much these executives are really “sacrificing.”

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  Raising the Stakes: When a Supreme Court Justice Dies during an Election Year

  Erin O'Leary

  In light of the recent passing of Supreme Court Justice Ruth Bader Ginsburg, Erin O'Leary discusses what Justice Ginsburg’s death means for the election and the future of the Supreme Court.

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  The Spooky Side to a Seller’s Market

  Lindsey Fafoglia

  Halloween is creeping closer, which means many people will be watching scary movies, telling ghost stories, and visiting haunted houses. While you might want to keep the hauntings out of your own home, you could be at the will of the seller. Lindsey Fafoglia analyzes seller's disclosure laws as they relate to paranormal activity.

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  Space Force: Battle of the Trademarks

  Sinead McGonagle

  Sinead McGonagle analyzes the implications and potential legal issues of both the U.S. Government and Netflix's use of the term "Space Force" under current trademark law.

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  The End of Cash Bail: As Simple as Sending a Text Message?

  Dylan Ashdown

  Pre-trial detainees make up more than 70% of the U.S. jail population. Dylan Ashdown discusses the frequently discriminatory bail practices across the United States and how some jurisdictions are starting to do away with cash bail.

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  TikTok is on the Clock, Will Democracy Stop?

  Jenna Koleson

  On August 6, 2020, President Trump issued an executive order to deal with a supposed national emergency: TikTok. Jenna Koleson discusses how this severe response to abstract national security concerns sets a dangerous precedent for democracy.