1L blog – NULR Of Note

Hively v. Ivy Tech

June 8, 2020 Matthew Chang

In the summer of 2015, same-sex couples celebrated a civil rights victory following the Supreme Court’s monumental decision in Obergefell v. Hodges. The Court recognized same-sex couples have the constitutional right to marriage, protected by the Due Process and Equal Protection Clauses. While the right to marriage was immediate, this decision did not mark the end of discrimination based on sexual orientation. Rather, the holding created a “legal landscape in which a person can be married on Saturday and then…

Who Among Us Is the Reasonable Person?

June 8, 2020 HanByul Chang

Our cultural understanding of “criminal” heavily influences how the elements of a criminal defense are defined and applied. Kansas Supreme Court case State v. Stewart was no exception to this rule. The defendant in this case, a victim of a long-term domestic abuse by her husband, Mike, was charged with first-degree murder of her husband. After suffering years of emotional and physical abuse toward herself and her two daughters, on the morning of the murder, Stewart found her only escape…

Korematsu, COVID-19, and The Question of Executive Deference

June 8, 2020 Megan Lenz

“Wrong the day it was decided” is a judgment that the Supreme Court reserves for overturning its most egregious prior decisions. One of the cases that most recently received that declaration is Korematsu v. United States, a decision that infamously sanctioned the World War II internment of individuals of Japanese ancestry. The Court’s repudiation of that decision, equal parts laudable and belated, offers hope that the logic of this decision is a relic of the past, but such hope may…

NULR Of Note

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