Category Archive: News

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The 9th Circuit and the Immigration Ban

Last week, the Ninth Circuit upheld the lower court’s temporary restraining order on the Trump administration’s travel ban. If you listen to some news outlets, you’ve probably heard this described as an activist decision by politically motivated judges. To those on the other side of the issue, this was a much needed check by the judiciary on a rogue executive. But for all the opinions being bandied about, it is important to understand what the Ninth Circuit’s decision actually did — and didn’t — do.

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Milo, Cal, and Trump

You may have heard that Breitbart alum and Twitter-troll-so-trolly-that-he-was-banned-from-Twitter Milo Yiannopoulos was scheduled to speak at UC Berkeley last night. You might also know that violent protestors blocked that speech by creating chaos including lighting fires. Finally, you might know that President Trump blasted out an angry tweet threatening to withhold federal funding for Cal as a result.

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A Primer on Disability Law

A student at University of Oregon Law School has sued the school for failing to accommodate his disability. In related news, Education Secretary nominee Betsy DeVos seemed unaware in her confirmation hearing what federal disability requirements were for disabled students (although the context was primary school). Now seems like a good time to discuss the basics of disability law, primarily focusing on the Americans with Disabilities Act.

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CREW v. Trump

Soon you’ll start your law school journey. If you’re unfortunate enough to have to take constitutional law in your first year, you’ll be very happy to find out about Erwin Chemerinsky, the author of the most widely used con law supplement around. Don’t buy the casebook, buy Chemerinsky’s supplement instead.

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Student Loan Servicer Navient Gets Smacked By The Feds

On Wednesday, the Consumer Financial Protection Bureau (CFPB) filed suit in federal district court against Evil Corp. — er, Navient — the largest student loan servicer in the nation.

Before we get into all that evil, a little background: Navient is a spinoff of Sallie Mae — a quasi-governmental entity that holds and services student loan debt — and it’s the largest student loan servicer in the nation.

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What on Earth is an emolument?

Two and a half years into law school, I am still woefully ignorant of the U.S. Constitution. For example, I only recently found out about the Emoluments Clause. Article I, Section 9, Clause 8 of the Constitution says, “No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” (In case you’re wondering, an emolument is generally defined as compensation for services or from employment or an office). Basically, the Clause is meant to prevent political office-holders from accepting gifts so that they aren’t improperly influenced by outside entities.

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Amazon Echo and the Fourth Amendment

Our generation is used to giving up control over vast amounts of personal information. From Facebook check-ins to cell site location information, the police have readily ascertainable digital footprints to track virtually all of our movements. The question, which the Supreme Court will likely have to address going forward, is how much digital information can be presented in court without violating either the Fourth Amendment’s protections against unreasonable searches.

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The 2016 election is not over yet.

You might not know this, but there is still a very important political race going on in this country. No, it’s not the race to encourage electors to go rogue and mirror the popular vote, which Hillary Clinton won going away. Barring any unforeseen events — not like any of that kinda stuff has happened in this election! — Donald Trump will be the 45th President of the United States.