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Volume 108 - Spring Issue

ROE AND CASEY UNDER ATTACK: WILL THE SUPREME COURT OVERTURN LANDMARK ABORTION PRECEDENT IN DOBBS V. JACKSON WOMEN’S HEALTH ORGANIZATION?

By: Theresa Green, Volume 106 Staff Member On December 1, 2021, the Supreme Court will hear oral arguments for Dobbs v. Jackson Women’s Health Organization, the first major abortion-related case since Justices Brett Kavanaugh and Amy Coney Barrett joined the Court.[1] The case involves a Mississippi law that prohibits nearly all abortions after fifteen weeks…

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CATEGORICALLY INSUFFICIENT: THE U.S. SUPREME COURT MUST FIND ATTEMPTED HOBBS ACT ROBBERY IS NOT A “CRIME OF VIOLENCE” UNDER 18 U.S.C. § 924(c)(3)(A).

By: Michael Van Ryn, Volume 106 Staff Member In United States v. Taylor, the U.S. Supreme Court is presented with the question of whether an attempted robbery in violation of the Hobbs Act qualifies as a “crime of violence” under 18 U.S.C. § 924(c)(3)(A).[1] The Supreme Court should find that it is not a crime…

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ICWA’S “ACTIVE EFFORTS” STANDARD DURING THE COVID-19 PANDEMIC

By: Molly Nelson-Regan, Volume 106 Staff Member[1] Congress enacted the Indian Child Welfare Act of 1978[2] (ICWA) out of concern for the “abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes.”[3] ICWA offers the “gold standard” for family reunification in the landscape of child welfare.[4]…

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CURTAILING INTERNET EXCEPTIONALISM: FRANCES HAUGEN’S CALL TO AMEND SECTION 230 AND HOLD FACEBOOK ACCOUNTABLE FOR ITS ALGORITHMIC HARM

By: Ellison Snider, Volume 106 Staff Member Last month, Frances Haugen, former product manager at Facebook, testified to the Senate Committee on Commerce, Science, and Transportation about the company’s one-way mirror on its users.[1] After leaking private internal Facebook documents to the Wall Street Journal, Haugen showed the public that Facebook knows a lot about…

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CAN A NON-SECRET BE A STATE SECRET? EXAMINING STATE SECRETS PRIVILEGE IN UNITED STATES V. ZUBAYDAH

By: Kimberly Ortleb, Volume 106 Staff Member On October 6, 2021, the Supreme Court heard oral arguments for United States v. Zubaydah,[1] which presents the question of how far state secrets privilege extends. Zayn al-Abidin Muhammad Husayn (“Zubaydah”) was disappeared and tortured as a part of the CIA’s “enhanced interrogation” program in 2002.[2] From December…

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RISING TO THREE OCCASIONS: THE SUPREME COURT GRAPPLES WITH HOW TO COUNT PRIOR CONVICTIONS IN THE ACCA CONTEXT

By: Haley Wallace, Volume 106 Staff Member The Armed Career Criminal Act (ACCA)[1] was enacted to severely punish society’s worst criminal offenders.[2] Congress passed the ACCA in 1984 specifically to target the “most dangerous, frequent, and hardened offenders,”[3] and to “incapacitate the armed career criminal for the rest of the normal time span of his…

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FILMING POLICE IN THE WAKE OF GEORGE FLOYD’S MURDER: A FIRST AMENDMENT RIGHT?

By: Dylan Saul, Volume 106 Staff Member The murder of George Floyd, at the hands of Minneapolis police officer Derek Chauvin, sparked a nation-wide reckoning with racism and police brutality that might not have happened had seventeen-year-old Darnella Frazier not recorded the murder on her smartphone.[1] The increasing public focus on police brutality[2] has contributed…

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