PDF Version President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of…
Essay
Free the Data! The Scramble to Access Data in Light of Schrems I & II
By Charlotte Young
Maximillian Schrems was a PhD student in Austria when he decided to participate in a study abroad program with Santa Clara University. While Schrems was at Santa Clara, Ed Palmari, Facebook’s privacy lawyer, spoke to his class. It was during this lecture that Schrems received the ammunition that he needed to challenge the legitimacy of EU–U.S. data transfers.…
Essay
Appellate Jurisdiction in Sanchez-Gomez: A Hard Case That Should Be Easy
By Bryan Lammon
PDF Version Introduction In 2013, the Southern District of California adopted a rule requiring all criminal defendants to appear in full restraints—hands cuffed and connected to a waist chain, feet shackled and chained together—for most non-jury proceedings.1 There were a few exceptions, including appearances at sentencing. And a defendant could ask the district court to have the shackles…
Essay
The Case for Banning Off-Label Use
By Christian Wolfgram
New uses for drugs that are already on the market could help treat hundreds of diseases and thousands of people; however, the current system of push-and-pull incentives in the modern American pharmaceutical regulatory system is not adequately inducing the expensive research needed to market these old drugs for new uses.[i] One commentator, Ben Roin, elegantly distills the issue down to…
Essay
Pardon Me? Reconciling The Pardon Power with Traditional Notions of Checks-and-Balances
By Marriam Shah
Article II, Section 2 of the United States Constitution confers upon the president the “power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”[i] The pardon power is broad, allowing the president to “release[ ] the offender from any punishment for her crime.”[ii] It “vitiates moral guilt for the offense, so that in the eyes…
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