IJTIHAD THROUGH THE LENS OF CRITICAL THEORY

The modern era has posed a plethora of philosophical challenges for Islamic scholars and Muslim communities that were unrecognizable in the pre-modern period.  Although the passage of time has brought about seismic shifts in societal values, the religious discourses on certain fundamental questions, especially conventions relating to marital law, are still based on pre-modern assumptions… continue reading

WHEN LOCAL GOVERNMENTS WAIVER: GIVING BITE TO STUDENTS WITH DISABILITIES’ FEDERAL RIGHT TO AVAIL PHYSICAL EDUCATION

Including Students with Disabilities (SWDs) in physical education is a national interest that must be protected. Federal law, codified in the Individuals with Disabilities Act (IDEA), articulates that disability is a natural part of the human experience, and improving educational results for children with disabilities is an essential element of U.S. national policy of ensuring… continue reading

BUILDING BLOCKS OF CHANGE: STATE INITIATIVES AND THE FAIR LABOR STANDARDS ACT § 14(C)

Author: Abigail E. Cregge Minimum wage has been a passionate topic for Americans ever since the federal statutory scheme for minimum wages, known as the Federal Labor Standards Act (“FLSA”), was introduced in 1938. At that time, the idea of establishing fair labor standards for the workforce by setting a pay floor was revolutionary.The American… continue reading

THE OMNIPOTENT PROGRAMMER: AN ETHICAL AND LEGAL ANALYSIS OF AUTONOMOUS CARS

Author: William J. Tronsor When people think of self-driving cars, they most likely conjure up images of themselves relaxing in their car, possibly watching Netflix, while their car takes them to their destination.  While that may not be far from a reality, with the Center for Automotive Research predicting that the first fully autonomous vehicles… continue reading

FROM TAX COLLECTOR TO FISCAL PANOPTICON: A SOCIAL HISTORY OF A CENTURY OF FEDERAL INCOME TAXATION

Author: Eric A. San Juan At the current juncture of fiscal uncertainty and pending tax reform, this Article offers an historical perspective by setting taxation in the context of demographic trends.  The Article divides the last century of Federal income taxation legislatively into four periods from enactment in 1913, to codification in 1939, recodification in… continue reading

NEW JERSEY’S FULL DISCOVERY MANDATE: A LESSON FOR OTHER JURISDICTIONS AND THE NEED FOR FURTHER JUVENILE LAW REFORM

Author: Gianna DeLizza This note considers the recent decision of the New Jersey Supreme Court in In re N.H. that requires the prosecution to provide full discovery to juveniles prior to a waiver hearing, ensuring that the best interests of juvenile offenders are protected. The author proposes that the mandate helps to prevent some of… continue reading

A LICENSE TO SELL CASKETS? PREVELENT LICENSING LAWS ON THE LABOR MARKET AND JUDICIAL CONTROL

Author: Ruichao Hu This article discusses the dramatic rise in occupations that require licenses over the last few decades, as well as the onerous requirements that often accompany the licenses, making it difficult for some individuals to practice their chosen trade. Obtaining and maintaining occupational licenses often requires time, training, and fees. The author argues… continue reading

HOW DO WE KEEP GUNS OUT OF THE HANDS OF THOSE ON THE TERRORIST WATCH LIST WITHOUT VIOLATING DUE PROCESS

Author: Diane Yandach This note addresses the procedural and substantive legal issues that need to be addressed before proposals to prohibit individuals on terrorist and no-fly lists from purchasing guns could be implemented without violating constitutional rights. Currently, individuals on these lists are often unaware of their inclusion, and when they do discover it they… continue reading