In this article, Associate Member Kathyrn McIlroy discusses the circuit split on the rights of an individual detained under a valid arrest warrant based on mistaken identity, and ultimately advocates for greater protections for such individuals.
On the Hook: Jury’s Hefty Defamation Award Against Alex Jones
In this article, Hailey Martin discusses the infamous Alex Jones and his recent defamation suit where the jury awarded plaintiffs nearly $1 billion in damages. The article explores the lack of a deterrent effect excessive damages has on unremorseful plaintiffs and argues that criminal defamation punishments in combination with civil damages may be more deterrent and fairer in affording justice.
Have We Met Before — When the Right to Counsel Meets Jury Sentencing
In this article, guest contributor Joseph Sobecki analyzes the impact of jury sentencing on the Sixth Amendment right to counsel in misdemeanor criminal cases.
Unconstitutional Room Scans? The Fourth Amendment in the Digital Age
In this article, Hailey Martin discusses the recent district court decision in Ogletree v. Cleveland State University, holding that the Fourth Amendment protects students from unreasonable video searches of their homes before taking a remote test as well as the effects the COVID-19 pandemic has on invasion of home and privacy rights.
Can Mother Nature Hurdle the Tall “Standing” Precedent of the U.S. Supreme Court?: The Need for Personhood Status of Environmental Entities
In this article, Thomas Kemmet analyzes the current standing doctrine in the United States and its impact on the environment and compares how other nations grant personhood to natural entities for environmental protection.
PrEPare to be Overturned: Why U.S. Courts Must Scrutinize Religious Freedom Claims More Closely
Associate Member Chris Colloton examines the recent decision from a federal court in Texas in Braidwood Management, Inc. v. Becerra. Chris argues that the judge not only misapplied the law, but moreover worked to elevate religious freedom to an untenable level at the expense of the health of millions of Americans.
The Unscientific Nature of Modern Forensic Sciences
In this article, Alexander Goldstein explores how differing definitions of scientific validity impact forensic evidence in criminal trials, creating due process concerns for criminal defendants.
Standing in the Trenches: Republicans’ Uphill Legal Battle Against Student Loan Cancellation
Associate Member Hailey Martin explores the issue of standing to sue as it relates to student loan forgiveness actions suggesting that although difficult to find anyone with standing as required by Article III, political and public pressure may create a riff for the court to accept standing and jurisdiction to hear a suit.
The Circuit Split on What Constitutes New Evidence in Habeas Corpus Proceedings
Associate Member Stephen Fox explains the circuit split on what constitutes new evidence when claiming actual innocence in a petition for writ of habeas corpus.
Mitigating the Discretion Disaster: How Changes in the Law Can Help FEMA Effectuate Its Critical Mission
This excerpt introduces Paul Rando's Student Comment, which argues for an amendment to the FEMA statute to improve the U.S. disaster recovery system.