Law Commons^™

National Pork Producers Council V. Ross And The Dormant Commerce Clause, Jeffrey C. Tuomala

Liberty University Law Review

National Pork Producers Council v. Ross is a dormant Commerce Clause case in which petitioners challenged a California law that restricts the instate sale of pork that comes from breeding pigs “confined in a cruel manner.” Because California comprises 13% of the national pork market, and because most pork consumed in California is raised in other states, the cost of compliance with the law falls largely on out-of-state producers. Pork Producers claimed that the California law placed an excessively heavy burden on interstate commerce, but they did not claim that California targeted out-of-state producers. The Court of Appeals dismissed the …

Groff V. Dejoy And Title Vii's "Undue Hardship" Standard, Natalie C. Rhoads

Liberty University Law Review

In June 2023, the Supreme Court issued its decision in Groff v. DeJoy, where it clarified the standard governing an employer’s obligation to make a religious accommodation under Title VII. For over 50 years, lower courts had been using the Court’s language in Trans World Airlines, Inc. v. Hardison, that a religious accommodation constitutes an “undue hardship” under Title VII if it would cause the employer to incur “more than a de minimis cost.” This Article explains the flawed Hardison standard and analyzes the Court’s decision in Groff, including the Court’s statement that an “undue hardship” under …

Reassessing Tyler V. Hennepin County: A Critical Examination Of The Supreme Court’S Federalist Overreach In Discovering A Constitutionally Protected Property Right In A Takings Case Involving A Sovereign State’S Real Property Tax-Foreclosure Sale, Tory L. Lucas

Liberty University Law Review

This Article features the case of a real property owner who disclaimed all her burdens under state law for over six years yet later claimed substantial benefits under federal law. Because this distorts any rational burden-benefit analysis, this Article scrutinizes the U.S. Supreme Court’s groundbreaking decision in Tyler v. Hennepin County that radically reinterpreted the Takings Clause of the U.S. Constitution. In Tyler, a unanimous Supreme Court departed from the consensus among the lower federal courts and discovered a novel property right—the constitutional entitlement to surplus proceeds from a sovereign State’s real property tax-foreclosure sale. Despite Minnesota’s clear and …

303 Creative And The Question Of Governmental Authority To Dictate Commercial Transactions, Rena M. Lindevaldsen

Liberty University Law Review

In June 2023, the nation awaited a decision from the United States Supreme Court in 303 Creative LLC v. Elenis. At its core, the case presented the question of whether free speech rights outweighed a state’s interest in prohibiting discrimination through its public accommodation laws. If the Supreme Court had ruled against 303 Creative and compelled its owner, Lorie Smith, to design a website for same-sex weddings despite Ms. Smith’s sincerely-held religious beliefs that such marriages are not biblical, free speech rights in America would have been at the mercy of what the majority deemed acceptable speech.

Although the …

Biden V. Nebraska: Student Loan Debt Forgiveness And The Dangers Of The Administrative State, Rodney D. Chrisman

Liberty University Law Review

In April of 2020, then-candidate Joe Biden promised that, if he were elected to the Presidency, he would “[i]mmediately cancel a minimum of $10,000 of student debt per person, as proposed by Senator Warren in the midst of the coronavirus crisis.” Once in office, the Biden administration found that Congress would not pass the type of extensive student loan debt forgiveness that the President wanted. Accordingly, President Biden did what has become all too common in recent presidential administrations— he acted by executive fiat through an administrative agency to accomplish a policy goal that he could not get passed through …

Confronting Cosmetic Carcinogens: A Proposal Regarding The Dangers Of Talcum Powder, Rachael Howell

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The Federal Government needs to stop the import, export, mining, and distribution of talcum powder in the United States. This is an issue that affects all Americans, especially active-duty military members.

Since 2013, there have been over 38,000 lawsuits against Johnson & Johnson, which allege that their talcum-based baby powder caused cancer. The plaintiffs in the very first talc case in the U.S. have died. All four of the plaintiffs from a 2019 suit have died. Yet, the 2019 case has been reversed and remanded. The FDA has redacted the names of scientist(s) that conduct “safety tests” on talc samples. …

The European Case For Kosovo, Serbia, And North Macedonia: A Western Balkan Focus, Logan Michael Kase

Helm's School of Government Conference - American Revival: Citizenship & Virtue

European integration of Western Balkan territories currently faces high-tension ethnic and religious antagonism between Serbia, Kosovo, and North Macedonia. The Balkans have been dealing with a cauldron of simmering ethnic internal battles that have lingered for decades. Years of Serbian and Kosovo contention severely setback the accession timeline, therefore, affecting further the integration of its neighbor North Macedonia. The European Union demands all disputes and corruption measures settled, per regulation standards set by the enlargement package from the commission. Key regional players’ sphere of influence becomes an interesting variable during policy discussions leaving a path to full European integration reliant …

Rethinking Supply Chains: Mitigating The Risk Of Chinese Dependence And Protecting Us Semiconductor Intellectual Property, Jamison Finnamore

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This paper explores the complex economic interdependence between the US, China, and Taiwan, specifically in the semiconductor industry. China’s increased aggression and intellectual property (IP) theft threatens to unbalance the iron triangle of US, China, and Taiwan trade relations. The problem overview elaborates on Taiwan’s crucial role in the semiconductor supply chain, and China’s threat against it. The argument is made that the US must take a nuanced and multifaceted approach to solving the diplomatic, economic, and military policy problem. Criteria for success are outlined, emphasizing the need to address root causes and not compromise US commitment to a free …

Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg

Helm's School of Government Conference - American Revival: Citizenship & Virtue

History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?

The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.

This work analyzes the interaction between the Chinese government …

Analysis Of Sun Tzu's Art Of War, Hannah Marchiny

Helm's School of Government Conference - American Revival: Citizenship & Virtue

America faces troubling times with various countries presenting unique threats. Few are more troubling than China. Now more than ever the U.S. needs effective strategies to combat global threats. To that end, I use Sun Tzu’s book Art of War as my main source for strategic wisdom. Sun Tzu’s principles have endured as long as they have because of their continued relevance in every generation and situation. In my paper, I discuss a few of the main tenets of Sun Tzu’s famous Art of War and how China is currently employing them against the U.S. I explain how China’s masterful …

State Compacts Vs. Emergency Powers, Ann Melise Mullins

Helm's School of Government Conference - American Revival: Citizenship & Virtue

It has been a continuous battle between state governments and the federal government on which party is best suited to provide relief and aid to citizens in times of natural disasters and public health crises. This paper will analyze the history of the state and federal government’s involvement in providing aid and relief in times of national crises, as well as the Constitutional provisions for which party should take responsibility.

The Driving Impact Of Artificial Intelligence On Global Expansion, Aleksandra Drozd

Senior Honors Theses

The invention and continual growth of artificial intelligence (AI) on the global stage have significantly shaped the world’s economies, governments, societies and their cultures. The new industrial revolution and the subsequent race of the world’s leading powers have led to increased international joint efforts and exchange of information, simultaneously reducing barriers to trade and communication. Meanwhile, emerging technologies deploying AI have led to changes in human behavior and culture and challenged the traditional nation-state model. Although several implications of the proliferation of AI remain unknown, its widening application may be tied with accelerating globalization, referred to interchangeably as global expansion. …

The Dueling First Amendment Clauses: Are They In Tension, Or Do They Work Together?, James Black

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The Establishment and Free exercise clauses of the First Amendment respectively state that Congress does not have the ability to pass a law that would either establish a national religion or prohibit the free exercise of any religion. While some legal scholars have given a more secular interpretation of the Establishment Clause, suggesting that there is no place for Christianity or any other religion in the public square or to influence American government, this is in conflict with interpretation by a substantial number of legal experts and constitutional scholars living both in and before the modern era, some of whom …

Covid-19: The Federal Government, Federalism, South Dakota, And American Indians, Jordan Janson

Helm's School of Government Conference - American Revival: Citizenship & Virtue

This essay assesses the roles of the federal government and its relationship with Tribal Regions and states alike. Additionally, how COVID-19 affected states and localities and how different Presidential Administrations handled and responded to the pandemic while being compared with the state of South Dakota. Assessing whether or not the federal government overstepped reveals the preparedness of states. Certain states handled COVID-19-related issues better than others, and this essay addresses how Tribal Regions in states provided Governors with extreme complexities. Finally, this essay delves into the rights and responsibilities of the federal government and the state pertaining to American Indian …

Influences Of Social Media, Samuel Whatley Ii

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The Internet is a double-edged sword because it provides easy access to information of both good and bad intentions. Censorship justifications under whoever deems something misinformation, provide little oversight on being a neutral public forum. For instance, the influence of elections by not covering a story and censoring opposing views does not promote the notion of being a neutral public forum. Artificial intelligence being applied to many technological applications have fueled the censorship machine. In some instances, artificial intelligence can generate stories to media sites (i.e., ChatGPT) with no verification of the details. From science fiction to science reality, taking …

Citizenship, Constitutionalism And Democracy, Daniel Fodorean

Helm's School of Government Conference - American Revival: Citizenship & Virtue

Romania, a former communist and monarchical country, can serve as a case study regarding how different forms of government have influenced the understanding and application of citizenship. How the citizen was understood and how citizenship was acquired or lost reflects the values that have been the basis of Romanian society at every stage of its evolution since the establishment of the Romanian state, in 1859, until now. The assumption is that each of the seven constitutions that Romania had, expresses citizenship in a specific way, associated with the form of government.

The Duality Of Machiavellianism In Regard To Modern Political Philosophy, Rebekah Honaker

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The principles of human nature and a realist system of governance irrevocably clash in Niccolò Machiavelli’s most profound works despite his personal convictions remaining seemingly steadfast. Yet, the term ‘Machiavellian’ reflects a relatively one-sided delineation of ideas proposed by the early modern political philosopher. His principles on constructing and maintaining absolute power through corruption, immorality, provocation of fear, coercion, and a general natural human depravity are far more often associated with his legacy on modern politics. However, many alternative principles of republicanism, self-governance, popular sovereignty, and balance of power have a significant presence in his career. Many scholars view the …

A Slapp In The Face: The Applicability Of Anti-Slapp Laws In Federal Cases, Jacob Dryer

Senior Honors Theses

This thesis explains Strategic Lawsuits Against Public Participation (SLAPPs) and examines the applicability of state anti-SLAPP laws in federal cases. Currently, the Federal Circuits are split on this issue, and the United States Supreme Court has not granted certiorari to any cases that have addressed this issue. This thesis reviews the jurisprudence related to the application of state anti-SLAPP laws in federal court. The author further examines what the Circuits have held about the applicability of anti-SLAPP laws and the rationales of each decision. Based on this information, this thesis argues that if the U.S. Supreme Court were to hear …

The Unconstitutionality Of Underfunded Public Defender Systems, Braden Daniels

Senior Honors Theses

When a defendant is ineffectively represented by a public defender due to an underfunded public defender system, a defendant whose public defender provides him only cursory representation is entitled to a new trial only if blatantly innocent. The U.S. Supreme Court should follow its precedent and declare systemically underfunded public defender systems unconstitutional, with cases meriting reversal when the underfunding is to blame for unreasonable attorney errors, regardless of prejudice. This stems logically from the Court’s holdings in Gideon v. Wainwright, Strickland v. Washington, and United States v. Cronic. Many have argued for the reversal or modification …

Slaughtering Slaughter-House: An Assessment Of 14th Amendment Privileges Or Immunities Jurisprudence, Caleb Webb

Senior Honors Theses

In 1872, the Supreme Court decided the Slaughter-House Cases, which applied a narrow interpretation of the Privileges or Immunities Clause of the 14^th Amendment that effectually eroded the clause from the Constitution. Following Slaughter-House, the Supreme Court compensated by utilizing elastic interpretations of the Due Process Clause in its substantive due process jurisprudence to cover the rights that would have otherwise been protected by the Privileges or Immunities Clause. In more recent years, the Court has heard arguments favoring alternative interpretations of the Privileges or Immunities Clause but has yet to evaluate them thoroughly. By applying the …

Public Opinion And Its Potential Impact On The U.S. Supreme Court, Savannah Medlin

Senior Honors Theses

The Supreme Court of the United States has a fundamental role in the interpretation of the Constitution and the configuration of the legal landscape of the country. But, while the Framers isolated the Court from political pressures, the Court is not removed from the impact of public opinion. This essay considers the effect of public opinion on Supreme Court rulings by reviewing studies and cases to discover the part public opinion plays in the courtroom. My findings imply that public opinion impacts the Court. There are limited ways by which the Court can prevent this impact. I emphasize that the …

Servant Leadership: The Change Needed In Law Enforcement, Shane H. Shetler

Doctoral Dissertations and Projects

Servant leadership is a moral-based form of leadership in which leaders place the well-being of followers before their own (Canavesi & Minelli, 2022). It is a theory that has gained increased notoriety over the past several decades. Despite this, there remains a limited amount of empirical research on it and its potential benefits. However, several professions have adopted it, and their results have been positive. Leadership change is needed in many professions, and law enforcement is no exception. The policing profession faces many challenges, such as recruiting quality candidates and retaining existing personnel. Furthermore, the challenges plaguing policing also exert …

Redefining Disproportionate Arrest Rates: An Exploratory Quasi-Experiment That Reassesses The Role Of Skin Tone, Soren G. Brockdorf

Doctoral Dissertations and Projects

The New York Times reported that Black Lives Matter was the third most-read subject of 2020. These articles brought to the forefront the question of disparity in arrest rates for darker-skinned people. Questioning arrest disparity is understandable because virtually everything known about disproportionate arrest rates has been a guess, and virtually all prior research on disproportionate arrest rates is questionable because of improper benchmarking (the denominator effect). Current research has highlighted the need to switch from demographic data to skin tone data and start over on disproportionate arrest rate research; therefore, this study explored the relationship between skin tone and …

Arbitrary Government Intrusion Of The Home: Warrantless Pole Camera Home Surveillance Survives Katz But Violates The Fourth Amendment, Hannah J. Eppling

Liberty University Law Review

The Fourth Amendment was adopted with a particular focus—to prevent arbitrary government intrusion. However, today most United States Circuit Courts permit arbitrary government intrusion via warrantless pole camera surveillance because the circuit courts apply the Katz test. As a result, government officials are almost entirely free to decide whether to install pole cameras anywhere on public property to continuously surveille a home for whatever duration the officials decide. Neither probable cause nor application for a warrant are required. The officials then not only surveil all visible home activities through the cameras, but the officials also record the surveillance and may …

Hypothetically Punished: Why The Court Should Heed Justice Thomas's Call In United States V. Taylor To End Its "Journey Through The Looking Glass", Arielle N. Leake

Liberty University Law Review

Should the location of a crime be the most important factor in determining the sentence of a convicted criminal? Should second-degree murder be categorically excluded from being a crime of violence simply because of the words a state legislature used to define it? Instinctively, much of society would answer “No”—finding that kind of arbitrariness and illogicality distasteful. Yet that is what has resulted from the Supreme Court’s categorical approach to statutory interpretation.

The Supreme Court began the federal judiciary’s journey of applying the categorical approach by using it to interpret the sentencing enhancement in 18 U.S.C. § 924(e). However, since …

A Matter Of Principle: Why The Ministerial Exception Categorically Bars Ministers From Bringing Hostile Work Environment Claims Against Their Religious Employers, Joshua B. Davis

Liberty University Law Review

Rooted in the First Amendment, the ministerial exception represents a general principle of law that has existed at least since the Magna Carta: the church autonomy doctrine. The ministerial exception reflects the church autonomy doctrine by recognizing a religious institution’s absolute right to select and control its ministers. Born in 1972 and receiving Supreme Court recognition in 2012, the ministerial exception’s application to most Title VII employment discrimination claims is unquestioned. But the ministerial exception’s application to hostile work environment claims, which arise from employment discrimination statutes like Title VII, is unclear.

The Supreme Court of the United States has …

Fulton'S Answer: State Constitutional Rejections Of Employment Division V. Smith As A Practical Model For The Restoration Of The Free Exercise Clause, Nathan Moelker

Liberty University Law Review

The Supreme Court’s 1990 decision in Employment Division v. Smith redefined its approach to cases under the Free Exercise Clause of the First Amendment. Many have criticized that approach and questioned its validity in the three decades since it was adopted. In Fulton v. City of Philadelphia, the Court again considered Smith’s flaws, but declined to overrule it, instead evading the Smith standard by clarifying an exception to its purportedly bright-line rule. While multiple Justices acknowledged and largely accepted the reasons that scholars continue to denounce Smith, a majority did not agree that it was time to …

The Fallacy Of Systemic Racism In The American Criminal Justice System, Paul J. Larkin, Giancarlo Canaparo

Liberty University Law Review

Critics of the criminal justice system have repeatedly charged it with systemic racism. It is a tenet of the “war” on the “War on Drugs,” it is a justification used by the so-called “progressive prosecutors” to reject the “Broken Windows” theory of law enforcement, and it is an article of faith of the “Defund the Police!” movement. Even President Joe Biden and his chief lieutenants leveled the same allegation early in this administration. Although the President has eschewed the belief that Americans are a racist people, others have not, proclaiming that virtually anyone who is white is a racist.

Yet, …

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Liberty University Law Review

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A Phenomenological Study Of The Lived Experiences Of African American Males' Challenges In Post Incarceration, Amber L. Scott

Doctoral Dissertations and Projects

This purpose of this phenomenological study is to understand the lived experiences of African American males in the state of Delaware post-incarceration. Incarceration disproportionately affects African American males leading to numerous difficulties during their transition back into the community. The research sought to comprehend the myriad of challenges and identify potential support systems to help facilitate successful reintegration. By utilizing a qualitative research approach, the study employs in-depth interviews to collect data from African American males who have experienced life post-incarceration. The analysis of the data incorporates elements of critical race theory and labeling theory to unravel the interplay of …