Moving in the Shadows: Creating New Legal Precedent While Avoiding Transparency

What do issues involving COVID-19, abortion, housing, and immigration, all have in common? Well, besides their controversial nature, they all have been recently dealt with on the Supreme Court’s “shadow docket.”[1] And lately, the conversation surrounding the shadow docket has been raging.[2] Many critics have been raising alarm, arguing that the Court is improperly using the “shadow docket” to subvert established appellate procedure and create new legal precedent without full transparency.[3] Those critics are correct.

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The Right to Record: Public Officials, Public Spaces, and Public Interest

The ubiquity of smartphones has brought about numerous changes. While some of these changes are bad (i.e., disengagement from society and the facilitation of narcissism), one particular and positive change must be noted: the ability to quickly capture quality footage. The proliferation of smartphones, most namely the iPhone, has equipped the average person with tech capabilities fit for cinema[1] and video journalism.[2] With respect to the latter, everyday citizens can place themselves at the vanguard of controversies they happen to witness. This access has led to a type of vigilante journalism, with one sect of the practice attracting significant controversy—those who film the police.

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Mos Maiorum: The Filibuster, Political Question Doctrine, and Judicial Enforcement of Norms

“Mos Maiorium” was a concept in the Roman Republic which can be broadly defined as the “ancestral custom.”[1] This deference to tradition governed family relations, public life and—most importantly—political life.[2] Key aspects of the roles of public officials and the limits of their power in the largely unwritten roman constitution were derived from Mos Maiorium.[3] As the republic entered its terminal decline, many of the strictures of Mos Maiorium fell away; the non-reelection of Tribunes,[4] the due process rights of citizens accused of capital crimes,[5] and the strict separation of municipal politics and military power,[6] were at one time sacrosanct principles. Once these taboos were violated, however, their transgression rapidly became regular fixtures of politics and eventually saw the previously competitive oligarchy collapse into dictatorship. The stabilizing force of the republic was not the written codes of law but rather these un-codified norms.

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Deponents, Decedents, and Decisions: Admissibility of Partial Deponent–Decedent Testimony Against Opposing Parties

Imagine you are a defense attorney, sent to depose a plaintiff in a simple motor vehicle accident. At the deposition, you question the plaintiff about his background, education, the circumstances of the accident, his post-accident complaints and medical care, and his damage claims. But the plaintiff feels ill, and counsel decides to continue the deposition until later in the week, at which time you intend to attack the plaintiff with your defenses: the plaintiff’s level of fault, his post-accident malingering, and convince him and his counsel that his case against your client is worth nothing.

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What is Insider Trading, and Does It Need Fixing?

There are over 82,000 executives in the United States, and these individuals generally receive as part of their compensation the option to purchase stock options from their company.[1] Depending on the company, it may be easy or difficult for the executive to buy or sell their stocks.[2] Each of these executives serves as an insider of the company and are subject to the rules promulgated by the Security and Exchange Commission (SEC) for when and how these stocks can be sold.[3]

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The False Claims Act: How Everyday People Can Be Rewarded for Reporting Fraud

Government spending has been a hot topic for many years with the government consistently running on a deficit.[1] A growing area of government spending is on government contracts, in 2020 spending in this area grew by fourteen percent.[2] Many people know the government is run on a deficit and worry about how their tax dollars are being spent. However, what many typically do not know is, there is a mechanism for everyday people to ensure that government contract expenditures are kept in check.[3] The False Claims Act (FCA) allows any individual to bring a lawsuit on behalf of the U.S. to sue an individual or group who has defrauded the U.S. by receiving more money in a government contract than they should have.[4] These types of lawsuits can range from claims for overpayment in Medicare and Medicaid to construction and procurement fraud.[5]

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Advice to SCOTUS: Disallow Consideration of Conduct Underlying Acquitted Charges at Sentencing

Imagine this: you are the defendant in a criminal case. You are facing eight charges. After a lengthy trial, the jury finds you guilty of three charges but acquits you of the remaining five. At your sentencing hearing a few months later, the judge nevertheless deviates from the probation officer’s recommended sentence, finding that the conduct underlying the charges of which you were acquitted merits a higher sentence. At first glance, does this practice seem fair, permissible, or in accordance with lay understandings of the role of the jury?

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