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Who Let the Ghouls Out? The History and Tradition Test’s Embrace of Neutrality and Pluralism in Establishment Cases
Get PDFIn June of 2022, the Supreme Court decided in Kennedy v. Bremerton School District that an Establishment Clause inquiry “focused on original meaning and history” would replace Lemon’s endorsement test. But after announcing the test, the Court neglected to describe or apply it. This Comment attempts to fill that void. After analyzing the Court’s Establishment Clause jurisprudence, this Comment proposes tenets of the history and tradition test and applies those tenets to Allegheny County v. ACLU, a case decided under Lemon. Finally, this Comment concludes by arguing that the history and tradition inquiry supports pluralism, humility, tolerance, and a healthy separation of church and state
Jarkesy v. SEC: Are Federal Courts Pushing the U.S. Toward the Next Financial Crisis?
Get PDFIn the wake of both the Great Depression and the Financial Crisis of 2008, Congress established and expanded the powers of the Securities and Exchange Commission (SEC). As part of this expansion, the SEC in-house administrative proceedings, designed to adjudicate SEC violations before the SEC’s administrative law judges (ALJs), were born. These in-house proceedings have faced multiple constitutional attacks in the past decade. In the most recent iteration of such challenges, Jarkesy v. SEC, the Fifth Circuit held that the SEC’s in-house proceedings were unconstitutional on three grounds: (1) the in-house proceedings deprived petitioners of their constitutional right to jury trial, (2) Congress unconstitutionally delegated its legislative power to the SEC, and (3) the statutory removal restrictions of the SEC’s ALJs violated Article II of the Constitution. This Note rejects the Fifth Circuit’s majority opinion, argues that future courts should be wary in following the Jarkesy holding, and provides a synopsis of the multifaceted impacts the Jarkesy decision would have on administrative agencies if affirmed by the United States Supreme Court. This Note also encourages the SEC to implement policies to combat the Jarkesy decision, and suggests that Congress implement legislative changes to the underlying statutes that govern the SEC. The SEC plays a major role in protecting investors and ensuring orderly and efficient financial markets. A look back at the events that led to the rise of the SEC and its administrative powers shows the risks that come with hindering the SEC’s ability to adjudicate securities violations—namely, wide-spread market crashes, recessions, and an overall lack of confidence in the U.S. markets
Performing Arts Session
No full textThe music department is proud to present the research of its students through performance. These students spend considerable time developing their technique and mastering the art of expression, and each performance is informed by significant research on the composer and the composition.
These performances will feature the following instruments and genres: classical guitar, arias, art songs, musical theater, instrumental solo pieces, and instrumental chamber music. The performances will appear in no particular order. Please stop by and enjoy this offering of music at the Weisman Museum.
Bridget Ayers
Payton Ballinger
Chyna Cammagay
Jonah Chang
Ripley Conklin
EJ Cook
Joshua Corey
Sarai Flores
Zachary Gamble
Nicholas Gerding
Rachel Harrington
Makayla Harris
Nico Heard
Johnathan Hodges
Claire Jansen
Eric Ko
Tommy Lei
Tony Lin
Arman Manookian
Cecelia McCormic
Soren Miller
Josh Nash
Karimi Njee
Alima Ovali
Faustina Ryu
Hannah Sedlacek
Yulbee Shin
Mia Stulac
Kaiya Treash
Lukkas Vander Woude
Tory Wile
Brishen William
Analyzing Potential Shifts in Abortion Attitudes Among Hispanics/Latinos in the U.S.
No full textThe Hispanic/Latino electorate has consistently drawn attention from political candidates due to its increasing influence in American politics. The central research question guiding this investigation is as follows: To what degree did attitudes towards abortion among Hispanics/Latinos shift from 2016 to 2022? Given the diverse array of perspectives within the community, the primary objective of this study is to investigate the shifts in attitudes towards abortion across consecutive election years. While prior studies have delved into abortion attitudes among this ethnic group, none have explicitly scrutinized changes over time during successive election years. By scrutinizing the evolving sentiments of Hispanic/Latino individuals on this issue, the research aims to identify potential correlations or causative links, thereby contributing significantly to our understanding of behaviors and potential voting trends within this minority group. The research utilizes data from the Cooperative Election Study (CES) in 2016, 2018, 2020, and 2022. By focusing on abortion questions that remain identical over time, the degree to which answers have shifted or stayed the same will be made evident. By delving into the nuanced changes within this minority group, the study not only enhances comprehension of their perspectives on reproductive rights but also provides a valuable foundation for anticipating and interpreting future electoral dynamics within the broader American political context