Minor Gender-Affirming Care Bans: Legislators Know Best
MC Law Review Blog
by Chelle LeBlanc
2w ago
The 2023 legislative session saw many states enact restrictions or outright bans on gender-affirming care for minors, and one state that managed to heavily restrict care for adults, as well. Despite the testimony of parents, patients, mental health professionals, and physicians as to the safety, efficacy, and necessity of having access to this sort of care, many of these bans passed through the state legislatures with surprising ease. But what is gender affirming care and why did the threat of its outlaw illicit such emotional testimony from so many people? Quoting the Association of American ..read more
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This is (Not) Criminal! Türkiye Halk Bankasi A.S. v. United States & its Limitations on Immunity
MC Law Review Blog
by Chancellor Easterling
3w ago
In April of 2023, the United States Supreme Court handed down an opinion on a relatively unfollowed but significant case which confused an already confusing issue. In Türkiye Halk Bankasi A.S. v. United States, the federal government indicted Türkiye Halk Bankasi (Halkbank)—a Turkish government owned bank—in 2019. The indictment alleged Halkbank had evaded economic sanctions imposed by the United States on Iran, laundered billions of dollars of Iranian oil through the global and U.S. financial systems, and made false statements to the U.S. Treasury Department.[1] In its defense, Halkbank argue ..read more
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A Plausible Risk of Genocide: Report #1 on South Africa v. Israel
MC Law Review Blog
by Sarina Larson
1M ago
This is the first in a series of blog posts reporting on the proceedings of South Africa v. Israel in the International Court of Justice.  This case is relevant to the U.S. legal community because the U.S. has provided material aid to Israel as it has committed the acts alleged in this proceeding.  For a brief breakdown on what the ICJ is, see this MC Law Review blog post by Professor Franklin Rosenblatt here.   South Africa’s Application for Proceedings The Republic of South Africa (“South Africa”) filed an 84-page Application Instituting Proceedings (“Application”) against the ..read more
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What is a Wetland?
MC Law Review Blog
by Katie Beth Simmons
1M ago
The Clean Water Act (CWA)of 1972 forbids “the discharge of any pollutant into “navigable waters” 33 U. S. C. §§1311(a), 1362(12)(A). The 1970 amended version of the CWA included interstate waters as well as navigable waters. 33 U. S. C. §1160(a) (1970 ed.). But what are navigable waters? The Act of 1972 defines navigable waters as “the waters of the United States, including the territorial seas. 33 U.S.C.S. §§ 1311(a), 1362(7), (12)(A). The problem with this definition is that the Act fails to define “waters of the United States.” Why was this a problem? Because if a property owner violates th ..read more
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Care to Wager?
MC Law Review Blog
by John Luffey
1M ago
On May 14, 2018, the Supreme Court decided a case that changed the sports betting landscape in the United States. InMurphy v. NCAA, the Supreme Court held that the Professional Amateur Sports Protection Act, a federal law which restricted sports betting to just four states, was unconstitutional. The entire law was struck down, and state governments were given the power to regulate sports betting in their respective states. Since the decision, states have chosen various ways to regulate sports betting within their borders.   Mississippi was very proactive in legalizing sports betting ..read more
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The International Criminal Court and International Court of Justice: Similarities and Differences
MC Law Review Blog
by Franklin Rosenblatt
2M ago
Two international courts, the International Criminal Court (ICC) and the International Court of Justice (ICJ), have been in the news recently for their roles in addressing allegations that Israel committed genocide in Gaza.  This post explains these courts’ similarities and differences and describes their distinct roles in this and other international crises. First, the similarities.  Both the ICC and ICJ are international courts.  Both reside in The Hague (in Dutch, Den Haag), the city on the North Sea of the Netherlands about a 50-minute train ride from Amsterdam.  Both c ..read more
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Open for (Strictly Heterosexual) Business!
MC Law Review Blog
by Chelle LeBlanc
4M ago
In June of 2023, the Supreme Court in 303 Creative, Inc. v. Elenis addressed the question of whether applying an anti-discriminatory public accommodation law to compel a business open to the public to provide wedding website designs without discriminating against same-sex couples violates the First Amendment free speech protection. The law in question, the Colorado Anti-Discrimination Act (CADA), requires businesses that choose to serve the public to not discriminate among its clientele based on protected characteristics. 303 Creative, a website design company, sought an exemption from enforce ..read more
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Dobbs and the New Wild West: Surveying a Fluid Legal Landscape
MC Law Review Blog
by Yann Kaufman
5M ago
On June 24, 2022, the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade and its baseline federal protections, which immediately impacted Americans nationwide. Dobbs facilitated broad legislative action to regulate abortion access, only to be met with litigation. Consequently, abortion regulation became more varied than it had been under Roe’s regime. Moreover, given the ongoing legal battles in its wake, countless uncertainties and legal questions remain unanswered, forestalling practical guidance for healthcare providers, policymakers, and wome ..read more
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“Sweltering, Undisputed, and Suffocating” Jackson’s Crime Problem or the Legislature’s Solution?
MC Law Review Blog
by Keri Herrington
5M ago
Depending on who is asked, H.B. 1020 and the recently expanded Capital Complex Improvement District (“CCID”) were either a solution to Jackson’s well-known crime problem or an attempt to strip the leadership and citizens of Jackson of their authority and rights. The expansion of the CCID through House Bill 1020 (“H.B. 1020”) was a highly politicized, hotly contested piece of legislation that has gained national attention. Since the bill’s passage in April, opponents have sued the State, the Chief Justice of the Mississippi Supreme Court, and the Hinds County Circuit Clerk. However, on Thursday ..read more
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Text, History, & Tradition: Considering the Second Amendment Post-Bruen
MC Law Review Blog
by Michael Steele
6M ago
Second Amendment jurisprudence has been revamped in the wake of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, handed down by the United States Supreme Court in 2022. Prior to Bruen, legislative infringements on Second Amendment rights – i.e., firearm regulations – were commonly subjected to a familiar standard of scrutiny when challenged on constitutional grounds. See e.g., United States v. Daniels, 77 F.4th 337, 341 (5th Cir. 2023)(discussing the pre-Bruen standard for reviewing gun regulations challenged on constitutional grounds). For example, courts previously asked whether the g ..read more
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