Emmy Blane analyzes the federal governmentโs consideration of apparent race or ethnicity in immigration investigations under the Equal Protection framework established in Students for Fair Admissions v. Harvard College (โSFFAโ). This Article contends that the governmentโs 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.
Recognition Rights In An AI Driven World
Leah Luckett considers current Fourth Amendment jurisprudence and its potential impact on quickly evolving artificial intelligence technology used by law enforcement. She considers different ways the Court could analyze the privacy interests at stake and ultimately concludes legislation could be a better fit for tackling the issue.
The New Age Of Child Labor: Family Influencing And Child Exploitation
In this article, Devin Scarborough examines the rise of family influencing in online platforms and the associated risks it poses to child participants. She contends that existing labor regulations are insufficient to properly address the exploitation of child influencers, despite acknowledging recent, although limited, state legislation. This article advocates for stronger legal protections to safeguard the well-being and overall safety of children featured in online content.
Burning Issues: Potential Viewpoint Discrimination In Trump’s Flag Desecration Order
In this article, Faith Howard examines President Trumpโs recent executive order titled, โProsecuting Burning of the American Flag.โ Ultimately, arguing that, despite the presidentโs assertion that the order aligns with the First Amendment, where it may encounter legal challenges in federal courts concerning the issue of viewpoint discrimination.
“I Thought You Died Alone, A Long Long Time Ago”: Can States Prevent The Dead From Being Commodified?
In this article, Abriana Malfatti explores the current law on postmortem rights to publicity and argues how State law can protect oneโs image from being commodified in death.
Proselytize or Pay: Religious Exemptions in Catholic Charities v. Wisconsin
In this article, Maria Tobergte analyzes Catholic Charities v. Wisconsin, a case addressing whether a religiously affiliated organization can claim an exemption from Wisconsinโs unemployment tax program on the grounds that it operates primarily for religious purposes. She assesses the outcome of the case and argues the most principled way to determine eligibility for such exemptions is to evaluate how an organizationโs activities reflect its sincerely held religious beliefs, not whether the organizationโs activities align with the stateโs definition of typical religious behavior.
Buck v. Bell in the Aftermath of Dobbs v. Jackson: The Supreme Court’s Opportunity to Correct a Hundred-Year-Old Injustice
In this article, Collin Derrig examines the constitutional violations and lies at the heart of Buck v. Bell (1927) in light of the test for overturning articulated by Justice Alito in Dobbs v. Jackson (2022). The article argues that Dobbs presents an opportunity to rectify one of the greatest injustices in the history of the Supreme Court.
Humphreyโsย Execution? Whetherย Humphreyโs Executorย is Slated for the Supreme Courtโs Chopping Block
In this article, Autumn Christafore discusses Wilcox v. Trump and its implications for Humphreyโs Executor v. United States if it reaches the Supreme Court. She then explores the effects of overturning Humphreyโs Executor on the administrative state.
A Lyrical Battle Turned Legal: Drakeโs Odds of Success in his Defamation Suit over Kendrick Lamarโs โNot Like Usโ
In this article, Maria Tobergte examines Drakeโs lawsuit against the producer of the song โNot Like Usโ for its allegedly defamatory lyrics. She concludes that Drake is unlikely to succeed, as the lyrics are more likely hyperbolic rhetoric rather than factual statements.
