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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Sessions v. Dimaya: “Crimmigration,” Due Process, and the Ghost of Scalia

Sessions v. Dimaya: “Crimmigration,” Due Process, and the Ghost of Scalia

In the first year of the Trump Administration, the President doubled down on many of his immigration-related campaign promises. 2017 brought Executive Orders and agency guidance designed to streamline enforcement of the existing statutory scheme (DACA recission) and to invigorate infrastructure (securing ports of entry under the travel ban and building the southern border wall). 2017 was slated to be an important year for immigration long before the 2016 election.  In October, the Supreme Court reheard argument in Sessions v. Dimaya, a…

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The Federal Judiciary: Independence Requires Responsibility

The Federal Judiciary: Independence Requires Responsibility

When the chief judge of U.S. Court of Appeals for the Ninth Circuit initiated a judicial review of the sexual harassment allegations against Judge Alex Kozinski, it presented a rare opportunity for the public to witness how the federal judiciary handles allegations of sexual misconduct against its members. That opportunity was seemingly lost when Kozinski resigned shortly after review began. Following Kozinksi’s resignation, almost 700 former federal judicial clerks and employees penned a letter to Supreme Court Chief Justice John…

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Chicago Public Schools Faces Class Action Lawsuit Over Failure to Support Non-English Speaking Parents of Children with Disabilities

Chicago Public Schools Faces Class Action Lawsuit Over Failure to Support Non-English Speaking Parents of Children with Disabilities

On Monday, January 29, 2018, Equip for Equality filed a federal civil rights class action lawsuit against Chicago Public Schools (CPS) and the Illinois State Board of Education (ISBE), alleging their failure to adequately support limited English proficiency (LEP) parents of CPS students with disabilities as required by law. According to the complaint, 52,903 CPS students received special education services through the implementation of Individualized Education Programs (IEPs) during the 2016–17 school year. Of those students, 42% lived in households where…

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Time’s Up? The Barriers to Justice for Victims of Sexual Harassment

Time’s Up? The Barriers to Justice for Victims of Sexual Harassment

New Year, New Plan Three-hundred women from the film industry—including some of the most powerful women in Hollywood—began 2018 by announcing Time’s Up, a new plan to fight sexual assault, sexual harassment, and gender inequality. This came in the midst of a national conversation about sexual misconduct in the workplace following the numerous allegations against producer Harvey Weinstein and the emergence of the #MeToo movement. Part of the initiative includes the creation of the Legal Defense Fund, which will help minimize…

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Star Athletica v. Varsity Brands: Fashion Copyright in Vogue

Star Athletica v. Varsity Brands: Fashion Copyright in Vogue

“It would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of the narrowest and most obvious limits.” —Justice Oliver Wendell Holmes, Bleistein v. Donaldson Lithographic Co. (1903) The fashion industry represents a multi-trillion dollar global business—casting a wide net and covering a range of industries from agriculture to manufacturing to design. It’s an industry almost every consumer engages with on a daily basis. Although it is…

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