A Letter from the Editors
Dear Reader,
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Welcome to the third edition of the Yeshiva University Undergraduate Law Review, the university's primary publication of legal thought and analysis from undergraduate students. The incredible papers that comprise this edition carry on the tradition we established in the first two: thoughtful and rigorous treatment of complex and compelling subjects written by authors of diverse backgrounds and political leanings. We are incredibly proud of the work done by all of our authors and editors as well as the space we have created for all of Yeshiva University's undergraduate students to engage with legal analysis in a serious manner.
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This edition features unprecedented diversity amongst our writers' topics of choice. Our writers ranged widely in their topics—from the legality of flag burning and the breaching of national sovereignty to eliminate WMDs, to theoretical treatments of principled positivism and early religious legal canon—branching off in directions that together make this our best YUULR yet. Equally impressive is the consistent, tireless effort put forth by our editorial team, who devoted countless hours and many long nights to meticulously checking grammar, style, and citations. We are deeply grateful for their help and could not have continued this publication without them.
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That being said, the most important group we need to thank is you, our readers. Without your commitment to learning about the law and its many applications and giving our students a space to present their research and passion for legal analysis, this publication would not be possible. Thank you for your time, your interest, and your consistency in supporting us on this journey.
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It is a privilege to help foster legal scholarship among YU undergraduates, and we hope this journal continues to be a meaningful stepping stone for students as they prepare to engage with the legal world beyond these pages.
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Kayla Kramer - Editor-in-Chief
Aiden Harow - Managing Editor
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(Important note: All views expressed in the following papers are those of the writers alone. They do not indicate the beliefs or thoughts of the editors, senior editors, or Yeshiva University, administratively or institutionally. Additionally, because this is the Review’s third year of publication, this issue is designated Edition 3.1, with the first number reflecting the publication year and the second number reflecting the issue within that year.)
Edited by:
Selma Spinner
Breindy Berger
FLAG BURNING AND THE FIRST AMENDMENT: WHY EXECUTIVE ACTION CANNOT OVERCOME SUPREME COURT PRECEDENT
The author, Elizabeth Kohl, examines the constitutional barriers to criminalizing flag burning, arguing that Supreme Court precedent protects flag desecration as expressive conduct under the First Amendment, regardless of executive action.
THE CASE FOR A CONCRETE WMD DEFINITION: STUDYING THE LEGALITY OF BREACHING NATIONAL SOVEREIGNTY
The author, Zachy Gross, examines the uncertain legal meaning of weapons of mass destruction, arguing that the absence of a concrete definition allows the term to be stretched in ways that threaten national sovereignty and lower the perceived threshold for military intervention.
Edited by:
Eli Rubin
Liev Markovich
BETWEEN SHAPIRO AND BERMAN: REFORMULATING PRINCIPLED POSITIVISM
The author, Liev Markovich, analyzes the debate between positivists and non-positivists, using the work of Scott Shapiro and Mitchell Berman to develop a fuller account of principled positivism and its ability to explain judicial decision-making.
Edited by:
Elizabeth Kohl
Matthew Minsk
GOSPELIC LEGALISM: A RE-EVALUATION OF THE PHARISEE-CHRISTIAN DEBATE IN THE CANONICAL GOSPELS
The author, Elisha Price, reevaluates the claim that early Christian critiques of the Pharisees reflected a simple debate between the letter and spirit of the law, arguing that this framework applies only to the Gospel of Mark and fails to explain the more complex approaches found in Matthew, Luke, and John.
Edited by:
Harel Mergelishvili
Edited by:
Zachy Gross
Fayga Tziporah Soloveichik
THE RIGHT TO PRACTICE RELIGION AS THEY PLEASE
The author, Atarah Mandel, examines Friedman v. State of New York, a case involving an Orthodox Jewish girl who jumped from a ski lift to avoid violating her understanding of Jewish law, arguing that courts must respect an individual’s sincere interpretation of religious obligation.
COX COMMUNICATIONS, INC. V. SONY MUSIC ENTERTAINMENT
The author, Emmit DeHart, examines whether internet service providers can be held liable for users’ copyright infringement, analyzing Cox Communications, Inc. v. Sony Music Entertainment and its potential consequences for copyright enforcement, internet access, and First Amendment concerns.
Edited by:
Tali Isaacs
Aden Lyons
Edited by:
Yosef Flamenbaum
EMERGENCY POWERS, TARIFFS, AND JUDICIAL REVIEW AFTER THE SUPREME COURT’S TARIFF DECISIONS
The author, Avi Tepler, examines the limits of presidential authority to impose tariffs under emergency powers, arguing that courts must meaningfully review emergency declarations when they are used to justify sweeping economic measures.
THE CARACAS PRECEDENT: NARCO-TERRORISM AS AN EXCEPTION TO CUSTOMARY HEAD-OF-STATE IMMUNITY
The author, Harel Megrelishvili, examines whether the U.S. indictment and capture of Nicolás Maduro creates a narco-terrorism exception to head-of-state immunity, comparing the Maduro case to United States v. Noriega and exploring its implications for sovereignty, accountability, and international law.
