From the Executive Online Editor
Welcome to the new home for FULR’s online Notes! We’re excited to feature the exceptional work of our staff writers in a dedicated, still more readily accessible space. The culmination of countless hours of meticulous research, careful drafting, and painstaking revisions at all levels of this journal, these Notes embody the standards of excellence and rigor to which FULR holds its members. Whether you’re reading recreationally or conducting pre-legal research of your own, we hope you will depart with some novel insights about the American legal tradition and its contemporary manifestations. Don’t forget to check back regularly as we upload Notes from the latest FULR issue.
– Nicholas Suit
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AB-1663: Reforming California Probate Conservatorship Law
Danielle Barber* I. Introduction “I’ve been in shock. I am traumatized. . . . I’m not lying. I just want my life back.” In recent years, under the microscope of social media, conservatorship law has become a popular point of public discourse. Probate conservatorship laws have been facing greater scrutiny, with many questioning present loopholes …
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Harvard’s Race-Conscious Admissions Practices: Constitutional and Pursuant to Supreme Court Precedent
Nicole Lowe* I. Introduction Since 1961, affirmative action has been seen as one way to rectify the damage done by slavery and its lingering effects. It was first officially introduced into United States law with President Kennedy’s Executive Order 10925 which directed government contractors to “take affirmative action to ensure that applicants are employed, and …
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Family Channels: Violators of Child Privacy
Aphrodite Stamboulos* I. Introduction As of 2021, roughly seven-in-ten Americans say they use social media. The most popular of these social media sites among Americans is YouTube; eighty-one percent of American adults alone report using the platform. On this free site, people can upload original content to share with the world, which has led to …
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An End to Unregulated Solitary Confinement: The Need for a Second Chance
Eli Salomon* I. Introduction In 2016, President Barack Obama issued an executive order banning solitary confinement of juveniles in all federal prisons. He asserted that “[t]he United States is a nation of second chances, but the experience of solitary confinement often undercuts that second chance.” Solitary confinement is the practice of removing a prisoner from …
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Shurtleff v. Boston: Balancing the Establishment Clause and Freedom of Speech
John Schneider* I. Introduction When first writing the Bill of Rights, the Framers recognized the need for the protection of religious freedom. To accomplish this, there needed to be a separation of church and state. The Establishment Clause (“Congress shall make no law respecting an establishment of religion”) achieves this goal. Justice Hugo Black noted …
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A Taxonomy of Free Expression in Public Schools
Emma Kim* I. Introduction When delivering the opinion in Tinker v. Des Moines Independent Community School District (1969), Justice Abe Fortas said, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Since the First Amendment was ratified in 1791, its …
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The Impact of Trigger Laws: Arkansas’ Attempt at Challenging Roe v. Wade
Ahan Dhar* I. Introduction The right to abortion has always been a polarizing and divisive issue in the United States. State laws restricting access to abortions have existed since the 1900s, and it was not until the 1960s that a number of states began to legalize abortion, but only under specific cases including rape, incest, …
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A Review of Art Law in the Supreme Court
Kathryn MacMillan* I. Introduction Art law cases are a rare occurrence in the U.S. Supreme Court. The precedents in place are highly valued in the legal system, prioritizing creativity and craftsmanship. The key determinant of art and the protection of art is in direct association with how cases in the Supreme Court have defined art …
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Structuring Chaos: The Law of War
Michael Leifer* I. Introduction War upends the moral calculus of law. The law is predicated on the maintenance of peace and stability, while warfare arises where legislation fails and transforms otherwise criminal actions, such as murder, into desirable outcomes. As the Roman statesman Cicero commented, “laws are silent amidst the clash of arms.” While lawyers …
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The Product Ecosystem and Planned Obsolescence: Apple’s Threats to Consumer Rights
Aphrodite Stamboulos* I. Introduction Over the last few years, the top technology companies of Silicon Valley have been dominating headlines as the government has conducted more hearings and investigations into their business practices, particularly those that have allowed them to dominate consumers and the market. Despite all of these investigations and hearings, two business practices …
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