Staff Pieces & Blog

ULRAG

Staff Pieces

Prediction Post: Carson v. Makin

Carson v. Makin asks whether Maine’s tuition-assistance program violates the Constitution by excluding religious schools from public funding. The case, argued before a conservative-leaning Supreme Court, could set a nationwide precedent on government aid for sectarian education and its limits under the Establishment and Free Exercise Clauses.

The E.U's Emissions Trading Scheme

The European Union’s Emissions Trading Scheme (E.T.S.) uses a cap-and-trade system to reduce greenhouse gas emissions, driving industries to become cleaner and more efficient. This article examines its successes, inefficiencies, and the political and cultural reasons the United States has not adopted a similar approach.

New York Times Co. v. Sullivan (1964)

New York Times Co. v. Sullivan (1964) redefined U.S. libel law by holding that public officials must prove “actual malice” to win defamation suits, a standard later extended to all public figures. While this landmark decision safeguarded press freedom and democratic accountability, critics argue its broad reach can unfairly limit private citizens’ ability to recover damages when thrust into the public eye.

Spying on Non-Spies

Non-state actors engaged in espionage and hostile intelligence activity present unique challenges for U.S. national security, as they often fall outside traditional legal and policy frameworks. This article argues that WikiLeaks should be classified as a “non-state hostile intelligence service,” enabling the government to respond under existing counterintelligence authorities without additional approvals, and urges Congress to formalize this approach for other similar entities to ensure rapid action while preserving rigorous oversight.

Religious Freedom in Educational Institutions

The role of religion in public education has long sparked legal battles over parental choice and constitutional limits. This article reviews cases from Engel v. Vitale to Espinoza v. Montana and predicts the Supreme Court will side with parents in the current Carson v. Makin dispute over tuition assistance for religious schools.

McGirt v. Oklahoma (2020)

This article examines the Supreme Court’s landmark decision in McGirt v. Oklahoma (2020), which held that Congress never disestablished Creek Nation land, placing much of eastern Oklahoma under tribal jurisdiction. The ruling reflects a broader judicial shift toward honoring historic treaties and restoring Native American sovereignty over reservation lands.