The role of the judiciary has become a contentious debate in light of several controversial cases. Professor Richard Garnett asserts,“Judges do not have the power to enact legislation.” This statement, emphasized in the majority opinion of the precedent overturned by the Supreme Court, echoes a broader constitutional question: what powers truly belong to the judiciary? This question has come to the forefront as Dobbs v. Jackson (2022) overturned the landmark decision in Roe v. Wade (1973), which legalized abortion nationwide. The decision ignited debate over the Supreme Court’s role in defining fundamental rights—with some arguing that fundamental rights should be limited to those explicitly enumerated in the Constitution while others believe they can include rights implied by broader principles, such as privacy or dignity. This reveals longstanding tensions within American constitutional law.
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In the rapidly evolving realm of technology, generative Artificial Intelligence (AI) stands out as a revolutionary force, fundamentally altering industries and redefining our understanding of creativity. However, As AI experiences rapid growth and exerts a profound influence across various sectors, legal questions surrounding the patentability of AI-generated works have come to the forefront. This explosion in AI’s creative capabilities comes with a legal conundrum: can AI-generated art and ideas be subject to patent protection?
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Affirmative action policy in higher education has been the center of extensive debates, drawing in both passionate advocates and critics who significantly influence discussions on college admissions policies. Consider a scenario where two equally-qualified students, distinguished by their racial background, compete for a coveted spot in a prestigious university. While one might assume that this situation leads to a fair evaluation of both individuals, affirmative action introduces a unique dimension by providing an advantage to a student from a marginalized community. This fact sparks controversy, raising questions about whether affirmative action effectively achieves its intended goals of promoting diversity and addressing historical inequalities or if it establishes an admissions standard that unfairly impacts certain students more than it benefits others.
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For centuries now, a separation between church and state has been argued. The place of religion within the U.S. school system has often been debated and precedent has remained unchanged for several decades. In 2022, however, a single U.S. Supreme Court case overturned nearly six decades worth of precedent which established a clear separation between religion and schools. In turn, states like Texas, Alabama, and Florida have taken the court’s rulings to extremes. Several states are now requiring that the Ten Commandments be posted in all public school classrooms. The state of Alabama has attempted to pass legislation that would require all public schools in the state to provide both the equipment and time to students who wish to pray aloud. Under past precedent, these actions would have been a violation of the Establishment Clause. With the abandonment of such precedent, the Establishment Clause’s role in the American school system has become very unclear. The complete upheaval of past precedent has caused a ripple effect in the American school system, further marginalizing students of minority religious groups around the county.
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