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Absentee Ballots: Legal Foundations, Challenges, and Jurisprudence

Absentee Ballots: Legal Foundations, Challenges, and Jurisprudence I. Introduction Absentee ballots or voting—also referred to as mail-in or postal voting—is a mechanism that allows registered voters to cast ballots without appearing physically at polling stations on election day. This method has played an increasingly significant role in American democracy, especially during times of crisis such as wars, natural disasters, or pandemics. Yet, its legal foundations, procedures, and safeguards have generated significant constitutional, statutory, and political Read more

By Tsvety, ago

Types of Legal Action 101: A Taxonomical Overview of Judicial Remedies

Types of Legal Action: A Taxonomical Overview of Judicial Remedies Introduction Legal action, broadly construed, is the procedural mechanism through which rights are asserted, obligations enforced, or wrongs redressed under the auspices of law. The concept transcends mere litigation and encompasses a multitude of remedies tailored to diverse legal contexts, jurisdictions, and substantive domains. Understanding the types of legal action is essential not only for legal practitioners and scholars, but also for citizens navigating the Read more

By Tsvety, ago

Personal Union as a Type of Monarchy: An Essay on Sovereignty, Dynasticism, and Political Flexibility

Personal Union as a Type of Monarchy: An Essay on Sovereignty, Dynasticism, and Political Flexibility I. Introduction: Monarchy and the Diversity of Political Forms Monarchy, as one of the most ancient forms of government, has evolved in various ways throughout history. While most commonly associated with a single ruler governing a unified state, monarchy has also manifested in more complex arrangements that challenge modern assumptions of nation-state singularity and sovereignty. Among these forms is the Read more

By Tsvety, ago

The Abstention Doctrine: Federal Judicial Restraint in Deference to State Authority

The Abstention Doctrine: Federal Judicial Restraint in Deference to State Authority The abstention doctrine is a judicially created principle in United States federal law that permits—and, in certain cases, requires—federal courts to decline jurisdiction, even when it is otherwise proper, in favor of allowing state courts to resolve particular disputes. While at first glance this might appear as a mere procedural accommodation, abstention is emblematic of a deeper constitutional dialogue between the principles of federalism, Read more

By Tsvety, ago

Genocide as a Crime Against Humanity: Legal Codification and Moral Condemnation

Genocide as a Crime Against Humanity: Legal Codification and Moral Condemnation Abstract:Genocide represents the most heinous form of collective violence: the systematic attempt to annihilate a people not because of what they have done, but because of who they are. It occupies a distinct and grave position within the architecture of international criminal law, as both a standalone crime and a species of the broader category of crimes against humanity. This essay will examine genocide’s Read more

By Tsvety, ago

Padilla v. Kentucky at 15: How Effective Is the ‘Affirmative Misadvice’ Standard?

Padilla v. Kentucky at 15: How Effective Is the ‘Affirmative Misadvice’ Standard? I. Introduction Fifteen years after the landmark decision in Padilla v. Kentucky, 559 U.S. 356 (2010), the legacy of the Supreme Court’s attempt to constitutionalize immigration advice within the ambit of the Sixth Amendment remains a subject of scholarly and practical debate. The ruling held that criminal defense attorneys must advise non-citizen clients about the deportation risks of guilty pleas. Yet, the Court Read more

By Tsvety, ago

Birthright Citizenship Under Attack: Can Congress Overrule Wong Kim Ark?

Birthright Citizenship Under Attack: Can Congress Overrule Wong Kim Ark? Who was Wong Kim Ark? The question of who qualifies as a citizen at birth in the United States—seemingly settled over a century ago—is once again a subject of legal and political contestation. The Supreme Court’s landmark decision in United States v. Wong Kim Ark (1898) has long stood as the definitive interpretation of the Fourteenth Amendment’s Citizenship Clause, guaranteeing birthright citizenship to nearly all Read more

By Tsvety, ago

Implied Covenant of Good Faith: The Silent Term in Every Contract

Implied Covenant of Good Faith: The Silent Term in Every ContractFrom Kirke La Shelle v. Armstrong to Employment Terminations I. Introduction: The Unspoken Promise in Contractual Relationships In the architecture of contract law, much attention is devoted to express terms—those commitments clearly articulated and mutually assented to by the parties. Yet, nestled silently within nearly every contract is an unexpressed but potent obligation: the implied covenant of good faith and fair dealing. This principle ensures Read more

By Tsvety, ago

The Public Use Clause: From Kelo to Affordable Housing Battles

The Public Use Clause: From Kelo to Affordable Housing BattlesWhen “Economic Development” Justifies Condemnation I. Introduction: The Elasticity of “Public Use” The Fifth Amendment of the United States Constitution, ratified in 1791 as part of the Bill of Rights, solemnly asserts that “private property [shall not] be taken for public use, without just compensation.” At face value, this clause—commonly referred to as the Takings Clause or the Public Use Clause—strikes a balance between the state’s Read more

By Tsvety, ago