Category: Constitutional Law

When Reporting Becomes a Crime: Newsgathering and Criminal Liability

Mofe Koya examines the arrests of journalists Don Lemon and Georgia Fort in Minneapolis, Minnesota following their controversial coverage of anti-U.S. Immigration and Customs Enforcement protests. She begins by discussing the circumstances surrounding the arrests before turning to an analysis of First Amendment protections for journalists and the essential role of the press in a democratic society. The article concludes by considering the broader implications of the arrests, including the precedent it may set and the policy considerations courts will need to address moving forward.

Case v. Montana: Possible Implications for Privacy Rights and the Emergency Aid Doctrine

Molly McInnis examines Case v. Montana, a pending Supreme Court case that addresses whether officers must have probable cause to enter a home under the Emergecy Aid Doctrine. She discusses the real-word implications the Court’s forthcoming decision could have on Fourth Amendment privacy protections and the scope of officers’ community-caretaking responsibilities. Ultimately, she argues that the decision will reveal how far the current Court is willing to extend police authority into the home.

The Sound of Silence: How Congressional Acquiescence is Expanding Independent Presidential War Powers

Emmy Blane examines the constitutional doctrines governing the Separation of Powers and analyzes Presidential and Congressional war powers. This Article applies the War Power doctrines to the ongoing U.S. military airstrikes on vessels in the Caribbean Sea and Pacific Ocean and argues that Congress’s failure to pass a resolution calling for the termination of the airstrikes significantly expands unilateral presidential war powers.

Defining Citizenship: Ozawa, Thind, And Today’s Debate Over Birthright

Mofe Koya discusses the history of citizenship and naturalization in the United States. She first examines the constitutional framework behind the right to birthright citizenship, then explores how naturalization in the early twentieth century became a tool for defining and excluding who could belong in America, a pattern that may be reemerging as the impending review of Barbara v. Trump approaches the Supreme Court. Finally, she argues that the Court must reaffirm citizenship as a fixed constitutional guarantee rather than a political construct subject to shifting social or governmental priorities.

What Does An American Look Like? Dissecting The Implications of Noem v. Vasquez Perdomo

In this Article, Abriana Malfatti analyzes the implications of the Supreme Court’s recent decision in Noem v. Vazquez Perdomo. By comparing Justice Kavanaugh’s concurrence and Justice Sotomayor’s dissent, she argues that the American public should be concerned with the Supreme Court’s use of the Emergency Docket to weaken United States citizens’ Fourth Amendment Rights. She then concludes that in granting the stay, the Supreme Court allows practices that imply that there is a certain way to look that makes one more American.

Examining Noem v. Vasquez Perdomo Through the Students for Fair Admissions Equal Protection Framework

Emmy Blane analyzes the federal government’s consideration of apparent race or ethnicity in immigration investigations under the Equal Protection framework established in Students for Fair Admissions v. Harvard College (“SFFA”). This Article contends that the government’s race-based decision-making in immigration enforcement does not satisfy the SFFA standards and, therefore, is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.

Bars Behind Bars: When Song Lyrics Become Criminal Evidence

Joshua Smith examines the prosecution of rapper Young Thug and his record label, Young Stoner Life, focusing on the permissibility of rap lyrics as evidence in criminal trials. It explores the tension between artistic expression and free speech, analyzing key rulings and legal standards while situating the case within broader debates on race, cultural biases, and First Amendment boundaries.

Up ↑

Skip to content