Category: General Posts

Patients v. Visitors: The Potential Extension of Title VI Protections within Federally Funded Healthcare Facilities  

In this article, Michelle L. Hampton analyzes a matter of first impression considering the extension of Title VI protections within federally funded healthcare facilities. This article is written in favor of the extended protections; however, with the recent overturning of several decades-long established precedents, this article acknowledges the possibility that the extension of such racial discriminatory protections may not be granted.

Data, Democracy, and DOGE: The Privacy Act of 1974 and the Legal Battle Over DOGE’s Access to Personal Information

In this article, Katerina Fernandez examines how the legal challenges against the Department of Government Efficiency’s (DOGE) access to federal data test the limits of the Privacy Act of 1974 and executive power. The article explores the lawsuits filed against the DOGE and analyzes whether the Privacy Act can effectively restrict government agencies from sharing sensitive data.

Keeping Sovereign Immunity (Kind of) Simple: Why Courts Should Apply the United States v. Georgia Test Strictly

In this article, JT DeGrinney discusses a recent circuit split between the Ninth Circuit and the First, Third, Fifth, and Tenth Circuits regarding how to apply the United States v. Georgia sovereign immunity abrogation test. DeGrinney argues that courts should reject the Ninth Circuit’s approach in favor of the Tenth Circuit’s approach because it promotes efficiency and proper use of judicial discretion.

911 Call Analysis: Unproven, Unreliable, Inadmissible

In this article, Collin Derrig critiques the use of controversial forensic science, 911 call analysis, in the investigation and prosecution of homicides. He also addresses how defense attorneys, judges, police, and prosecutors can take concrete steps to limit the use of 911 call analysis.

Railbanking: On the Right Track or Time to Throw the Switch

In this article, Casey Semple discusses railbanking. The practice preserves unused rail corridor property interests by converting the corridor to recreational trails so that the corridor may reactivate for rail use in the future. Whether these corridors are ever reactivated and serve a modern revival of U.S. passenger rail is yet to be determined.

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