Category Archives: Scholarship

COMMENT On Racial Profiling: Obergefell to the Rescue

  By A.T. Jordan Associate Editor, Vol. 21 Contributing Editor, Vol. 22 In this Comment I hope to articulate how and why the line of cases culminating in Obergefell v. Hodges[1] can be helpful in challenging racial profiling.  What Obergefell provides is a … Continue reading

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COMMENT Few But Not Forgotten: Asian Americans Reentering Society After Being Wrongfully Convicted

Comment By Brittany Chiang Associate Editor, Vol. 21 Asian American exonerees, like the formerly incarcerated, often lack resources, receiving little assistance from the government to facilitate reentry.  In the case of Asian Americans, this is partially due to their classification as … Continue reading

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COMMENT: The Notario Problem

By Rebeca Ontiveros-Chavez Associate Editor, Vol. 21 Executive Articles Editor, Vol. 22 Latin Americans are the largest immigrant group in the United States.[1] Many have fled from persecution in their country and seek asylum.[2] Others are involuntarily brought as infants … Continue reading

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COMMENT: The Detroit Water Shut-Offs: An Alternative Approach to Analyzing the Constitutionality of the Detroit Water and Sewerage Department’s Shut-Off Policy

By Jackie Pilcowitz Associate Editor, Vol. 21 The City of Detroit is denying water to thousands of its residents. In the spring of 2014, the Detroit Water and Sewerage Department (DWSD) announced its plan to disconnect water service to Detroit … Continue reading

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COMMENT: Deportation of Possibly Exculpatory Witnesses Should be Per Se Bad Faith

By Andrew VanEgmond Associate Editor, Vol. 21 I.         Deportation of Witnesses with Exculpatory Evidence: The Circuit Split The Circuit split analyzed in this Comment turns on whether or not to adopt a per se rule regarding government bad faith during … Continue reading

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COMMENT: Limited Voir Dire: An Inadequate Safeguard of the Constitutional Right to an Impartial Jury

  Last term the Supreme Court was indirectly confronted with the specter of juror racial bias and its threat to the constitutional right to an impartial jury.[1] Warger v. Shauers, 135 S. Ct. 521 (2014). While the Court ultimately sidestepped … Continue reading

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COMMENT: Sixty Years Too Late: The Judiciary’s Superficial Treatment of School Desegregation in Cowan

By Alanna Farber Associate Editor, Vol. 20 Executive Editor, Vol. 21 The school district in Cleveland, Mississippi has been subject to federal jurisdiction since 1965 due to continued struggles in desegregating its schools.[1] Fifty years ago, citizens of Cleveland sued … Continue reading

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COMMENT: Resolving the 7th Circuit’s Split on Bringing Class-Of-One Equal Protection Claims

By Jacob Hogg Associate Editor, Vol. 20 The Equal Protection Clause of the Fourteenth Amendment is one of the most celebrated and discussed topics in Constitutional Law. This clause states “No State shall [. . .] deny to any person … Continue reading

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OPINION – Why Muslim Lives Don’t Matter: Before, and Beyond, the Chapel Hill Shooting

By Khaled A. Beydoun Assistant Professor of Law, Dwayne O. Andreas School of Law Irrespective of what rallying cries, signs, or adapted hashtags proclaim – Muslim lives in America don’t matter. The aftermath of the murder of the three Muslim … Continue reading

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COMMENT: It’s High Time for the Defense Bar to Bring Race-Based Equal Protection Challenges to Federal Cannabis Scheduling

By Reid Murdoch Associate Editor, Vol. 20 Online Publications Editor, Vol. 21 Last fall, U.S. District Court Judge Kimberly J. Mueller held a rarely granted evidentiary hearing on the constitutionality of designating cannabis as a Schedule I Controlled Substance.[1] Defendant … Continue reading

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