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Category: Board member contribution

The Unfriendly Skies: When Emotional Support Animals Attack at 35,000 Feet

The Unfriendly Skies: When Emotional Support Animals Attack at 35,000 Feet

Most people are familiar with service animals and there is no denying the vital function that they provide for the people they assist. To perform this role, service animals are specially trained to assist people with disabilities, such as blindness or deafness. For this reason, service animals, usually dogs, are permitted in places other types of pets may not be, such as the main cabin of an airplane. Unlike service animals, “emotional support” animals—or animals that provide some therapeutic benefit…

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America’s Failure to Recognize the Right to Health: A Global Comparison

America’s Failure to Recognize the Right to Health: A Global Comparison

The United States remains one of the only countries to not recognize the right to healthcare. As an example, 166 countries have ratified the International Covenant on Economic, Social, and Cultural Rights, which provides that the “States Parties . . . recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.” Additionally, the UN Committee on Economic, Social and Cultural Rights states, “health is a fundamental right indispensable for the exercise of other human…

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Interview with Karen Daniel: Wrongfully Convicted Client Now Faces Deportation

Interview with Karen Daniel: Wrongfully Convicted Client Now Faces Deportation

In December 2017, the Center on Wrongful Convictions (CWC)’s client Gabriel Solache was exonerated of murder charges that kept him behind bars for nearly twenty years—but relief was short-lived. Without missing a beat, Immigration and Customs Enforcement (ICE) officials took Mr. Solache into custody, where he now faces deportation to his native Mexico. Northwestern University Law Review sat down with the CWC’s Karen Daniel, Solache’s attorney, to discuss his exoneration, the involvement of now-discredited former Chicago police detective Reynaldo Guevara,…

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A Good Bet? Legalized Sports Gambling May Be Coming Soon

A Good Bet? Legalized Sports Gambling May Be Coming Soon

On December 4, 2017, the Supreme Court heard oral argument in Christie v. National Collegiate Athletic Association, a case in which the State of New Jersey is challenging the constitutionality of the Professional and Amateur Sports Protection Act (PASPA). Passed by Congress in 1992, PASPA banned all state-sanctioned sports gambling, but provided exemptions for four states—Nevada, Oregon, Delaware, and Montana—where laws allowing certain types of sports gambling were already on the books. PASPA also contained a provision that would have…

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Drones, Airspace, & Private Property Rights

Drones, Airspace, & Private Property Rights

When it comes to flying drones, the issue of property rights to low-altitude airspace above privately owned property is murky. Some claim that a property owners’ rights generally extend up about 500 feet, which gives them the right to prevent drones from flying or hovering over their land.  Others argue that drones represent an important technological innovation, and decisions about where and when they can fly should be made collectively, not by landowners through tort law. The courts have taken very few…

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Collins v. Virginia: Where Categorical Rules Collide

Collins v. Virginia: Where Categorical Rules Collide

In Collins v. Virginia, the Supreme Court will decide what happens when two nearly categorical rules come into conflict: the ability of law enforcement to search your automobile based on probable cause alone, and the right to be free from searches of your home and its curtilage absent a warrant. The issue before the Court is whether the automobile exception to the warrant requirement applies to a vehicle that is parked on the curtilage of the home. Curtilage is the…

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Jennings v. Rodriguez: Supreme Court to Decide Immigrants’ Right to Due Process in Detention

Jennings v. Rodriguez: Supreme Court to Decide Immigrants’ Right to Due Process in Detention

In 2003, Errol Barrington Scarlett, a long-time permanent resident from Jamaica who had been living in the United States for over thirty years with U.S. citizen children and grandchildren, was taken into custody by the Department of Justice. Scarlett was previously convicted of drug possession in 1999, but a year and a half after his release, during which he did not commit additional crimes, the DOJ summarily detained him without a bond hearing. He spent the next five and a…

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Corpus Linguistics Impacts Founding Era Meaning

Corpus Linguistics Impacts Founding Era Meaning

Modern lawyers are required to keep up with emerging legal technologies in order to stay competitive and adequately serve their clients, but recent technological innovations have also begun impacting traditionally analogue fields, like originalist constitutional interpretation. Originalist scholarship that focuses on the “original public meaning” of a constitutional or statutory term has often been criticized for the inherent uncertainty or impracticability that comes with trying to ascertain the meaning of a word as it was used centuries in the past….

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Should Hate Speech on Campus Be Protected?

Should Hate Speech on Campus Be Protected?

The 2017 Charlottesville protests against the University of Virginia hosting Unite the Right leader Richard Spencer marked a turning point in how universities deal with hosting controversial speakers. Universities must balance their own institutional goals—asking hard questions and probing the darkness in pursuit of knowledge—with concerns for physical safety. When a divisive figure wants to speak on campus, a universities are faced with two options: (1) allow the speaker to use their campus as a platform for incendiary rhetoric and…

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Larry Nassar’s Sentencing Hearing & the Role of Victim Impact Statements

Larry Nassar’s Sentencing Hearing & the Role of Victim Impact Statements

On January 24, 2018, former USA Gymnastics doctor Larry Nassar was sentenced to up to 175 years in prison for sexually abusing scores of athletes he treated over the course of several years. Nassar’s sentencing hearing has drawn nationwide attention to the role of victim impact statements in our judicial system. Generally, victim impact statements involve written or oral communication from a crime victim about how the crime has affected them. All fifty states allow victim impact statements at some…

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