Commentaries

The Wrong Choice to Address School Choice: Espinoza v. Montana Department of Revenue

Posted on April 29th, 2020

Brooke Reczka For many school-choice advocates, Espinoza v. Montana Department of Revenue is the chance to extend the Supreme Court’s decision in Trinity Lutheran Church of Columbia, Inc. v. Comer in 2017. In Trinity Lutheran, the Supreme Court held that a state’s exclusion of a church from a public benefit program to resurface playgrounds discriminated against religion in violation Continue Reading »

Stand in the Place Where Data Live: Data Breaches as Article III Injuries

Posted on April 24th, 2020

Jason Wasserman Every day, another hacker gains unauthorized access to information, be it credit card data from grocery stores or fingerprint records from federal databases. Bad actors who orchestrate these data breaches, if they can be found, face clear criminal liability. Still, a hacker’s conviction may not be satisfying to victims whose data was accessed, Continue Reading »

Has Revenge Become a Justification to Legitimize the Death Penalty?

Posted on April 24th, 2020

Jordan Ryan Revenge has played a role in criminal justice systems for thousands of years. From the Code of Hammurabi, to the Bible, to modern Supreme Court jurisprudence, revenge, or “getting even,” has been a consideration in how wrongdoers are punished, especially with respect to the imposition of the death penalty. Historically, revenge has not Continue Reading »

Pretrial and Error: The Use of Statements Inadmissible at Trial in Preliminary Proceedings

Posted on April 20th, 2020

Erin Hughes This Note argues that a “criminal case,” as provided by the Fifth Amendment, begins with the initiation of adversarial judicial criminal proceedings, whether that commencement occurs through a formal charge, a preliminary hearing, indictment, information, or arraignment. A broad understanding of the Fifth Amendment’s scope aligns with the Second, Seventh, Ninth and Tenth Continue Reading »

Campus Sexual Assault and Due Process

Posted on April 13th, 2020

Ilana Frier College women experience rape and sexual assault at alarmingly high rates. One highly publicized statistic, famously asserted by President Obama, states that one in five women experience sexual assault while attending college. In 2011, the U.S. Department of Education radically expanded its involvement in campus sexual misconduct adjudications, encouraging vigorous enforcement. Sustained regulatory Continue Reading »

DHS v. Regents of the University of California: Administrative Law Concerns in Repealing DACA

Posted on March 24th, 2020

Charles Fendrych On its surface, deferred action is simple: it is a decision by Executive Branch officials to postpone deportation proceedings against an individual or group that is otherwise eligible to be removed from the United States.Deferred action is an exercise of the Executive’s inherent authority to manage its policies, but is not expressly grounded Continue Reading »

Contracting Free From Racial Animus: Comcast Corporation v. National Association of African American-Owned Media and Entertainment Studios

Posted on March 3rd, 2020

Catherine Tarantino The United States has come a long way in promoting racial equality since the 1866 and 1964 Civil Rights Acts, but racial animus still plays an impermissible role in many contracting and employment decisions. Comcast Corporation v. National Association of African American-Owned Media and Entertainment Studios offers the Supreme Court the opportunity to decide which Continue Reading »

Questioning the Definition of “Sex” in Title VII: Bostock v. Clayton County, Ga.

Posted on March 3rd, 2020

Katherine Carter  In October of 2019, the Supreme Court heard the arguments of two cases presenting the same inquiry: whether Title VII’s prohibition on sex discrimination encompasses discrimination on the basis of sexual orientation. Currently, twenty-one states as well as the District of Columbia expressly prohibit discrimination based on sexual orientation by statute or regulation. Continue Reading »

Kahler v. Kansas: The End of the Insanity Defense?

Posted on February 14th, 2020

Eric Roytman In 1995, Kansas, along with a small number of other states, passed a statute abrogating the widely recognized common law insanity defense. At common law, a defendant could raise the defense when a mental illness impaired his ability to distinguish right from wrong, allowing him to escape liability even when the elements of Continue Reading »

Kansas v. Glover and the Issue of Reasonable Suspicion

Posted on January 15th, 2020

Zach Kumar It is settled law that an officer may initiate a traffic stop when there is articulable and reasonable suspicion that the person stopped has committed, is committing, or is about to commit a crime. In Kansas v. Glover, the Supreme Court has an opportunity to clarify what constitutes “reasonable suspicion.” The Court will determine Continue Reading »

Commentaries

The Wrong Choice to Address School Choice: Espinoza v. Montana Department of Revenue

Posted on April 29th, 2020

Brooke Reczka For many school-choice advocates, Espinoza v. Montana Department of Revenue is the chance to extend the Supreme Court’s decision in Trinity Lutheran Church of Columbia, Inc. v. Comer in 2017. In Trinity Lutheran, the Supreme Court held that a state’s exclusion of a church from a public benefit program to resurface playgrounds discriminated against religion in violation Continue Reading »

Stand in the Place Where Data Live: Data Breaches as Article III Injuries

Posted on April 24th, 2020

Jason Wasserman Every day, another hacker gains unauthorized access to information, be it credit card data from grocery stores or fingerprint records from federal databases. Bad actors who orchestrate these data breaches, if they can be found, face clear criminal liability. Still, a hacker’s conviction may not be satisfying to victims whose data was accessed, Continue Reading »

Has Revenge Become a Justification to Legitimize the Death Penalty?

Posted on April 24th, 2020

Jordan Ryan Revenge has played a role in criminal justice systems for thousands of years. From the Code of Hammurabi, to the Bible, to modern Supreme Court jurisprudence, revenge, or “getting even,” has been a consideration in how wrongdoers are punished, especially with respect to the imposition of the death penalty. Historically, revenge has not Continue Reading »

Pretrial and Error: The Use of Statements Inadmissible at Trial in Preliminary Proceedings

Posted on April 20th, 2020

Erin Hughes This Note argues that a “criminal case,” as provided by the Fifth Amendment, begins with the initiation of adversarial judicial criminal proceedings, whether that commencement occurs through a formal charge, a preliminary hearing, indictment, information, or arraignment. A broad understanding of the Fifth Amendment’s scope aligns with the Second, Seventh, Ninth and Tenth Continue Reading »

Campus Sexual Assault and Due Process

Posted on April 13th, 2020

Ilana Frier College women experience rape and sexual assault at alarmingly high rates. One highly publicized statistic, famously asserted by President Obama, states that one in five women experience sexual assault while attending college. In 2011, the U.S. Department of Education radically expanded its involvement in campus sexual misconduct adjudications, encouraging vigorous enforcement. Sustained regulatory Continue Reading »

DHS v. Regents of the University of California: Administrative Law Concerns in Repealing DACA

Posted on March 24th, 2020

Charles Fendrych On its surface, deferred action is simple: it is a decision by Executive Branch officials to postpone deportation proceedings against an individual or group that is otherwise eligible to be removed from the United States.Deferred action is an exercise of the Executive’s inherent authority to manage its policies, but is not expressly grounded Continue Reading »

Contracting Free From Racial Animus: Comcast Corporation v. National Association of African American-Owned Media and Entertainment Studios

Posted on March 3rd, 2020

Catherine Tarantino The United States has come a long way in promoting racial equality since the 1866 and 1964 Civil Rights Acts, but racial animus still plays an impermissible role in many contracting and employment decisions. Comcast Corporation v. National Association of African American-Owned Media and Entertainment Studios offers the Supreme Court the opportunity to decide which Continue Reading »

Questioning the Definition of “Sex” in Title VII: Bostock v. Clayton County, Ga.

Posted on March 3rd, 2020

Katherine Carter  In October of 2019, the Supreme Court heard the arguments of two cases presenting the same inquiry: whether Title VII’s prohibition on sex discrimination encompasses discrimination on the basis of sexual orientation. Currently, twenty-one states as well as the District of Columbia expressly prohibit discrimination based on sexual orientation by statute or regulation. Continue Reading »

Kahler v. Kansas: The End of the Insanity Defense?

Posted on February 14th, 2020

Eric Roytman In 1995, Kansas, along with a small number of other states, passed a statute abrogating the widely recognized common law insanity defense. At common law, a defendant could raise the defense when a mental illness impaired his ability to distinguish right from wrong, allowing him to escape liability even when the elements of Continue Reading »

Kansas v. Glover and the Issue of Reasonable Suspicion

Posted on January 15th, 2020

Zach Kumar It is settled law that an officer may initiate a traffic stop when there is articulable and reasonable suspicion that the person stopped has committed, is committing, or is about to commit a crime. In Kansas v. Glover, the Supreme Court has an opportunity to clarify what constitutes “reasonable suspicion.” The Court will determine Continue Reading »