Law Commons^™

Trading Places Or Changing Spaces? At The Crossroads Of Defining And Redressing Segregation, Melvin J. Kelley Iv

Connecticut Law Review

Segregation rates have remained stagnant in many regions of the United States since the passage of the federal Fair Housing Act (FHA) in 1968 and experts expect them to increase in large metropolitan areas. Consequently, poor Blacks will be subjected to the extreme deprivation of group life chances that characterize racially and economically segregated environments. The global pandemic has only further exacerbated these dire circumstances. While severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) may not discriminate, housing, healthcare, criminal, and economic policies have, rendering impoverished communities of color particularly vulnerable to the ravages of the coronavirus disease 2019 (COVID-19).

The …

Inadequate Healthcare, Inadequate Recovery: Exploring The Challenges Of Compensating Pregnant Inmates Deprived Of Adequate Healthcare At State Prisons, Katherine Mckeon

Connecticut Law Review

Prenatal healthcare services available to pregnant inmates in state prisons are wholly inadequate. Despite the glaring shortcomings of state prisons’ healthcare services, there has still only been limited attention paid to rectifying the problem. This lack of attention is problematic for many reasons, but especially because the number of women in prisons has increased in recent decades and inmates who are pregnant when they arrive to prison face conditions that risk extreme health condition.

Not only are pregnant inmates subjected to inadequate healthcare services, but they also have very few legal remedies available to them when they have been deprived …

Liberty And Just [Compensation] For All: Wrongful Conviction As A Fifth Amendment Taking, Kelly Shea Delvac

Connecticut Law Review

In the United States, over 2,900 people have been exonerated for crimes they did not commit. While some exonerees currently qualify for compensation for their wrongful convictions, less than 40% have received any type of financial support. This Note examines the history of wrongful convictions in America as well as the historical background of the Fifth Amendment. It then looks at the current compensation schemes available to exonerees and analyzes the evolution of takings jurisprudence. This Note argues that a wrongful conviction is a taking of an exoneree’s labor under the Fifth Amendment and, therefore, constitutionally entitles an exoneree to …

Carpenter, The Fourth Amendment, And Third-Party Workarounds, Jillian Chambers

Connecticut Law Review

The Supreme Court’s 2018 decision, Carpenter v. United States, seemed to signal a shift in the Court’s Fourth Amendment jurisprudence to acknowledge and adapt to developments in technology. It was a hollow victory. Per Carpenter, if a telecommunications company collected and held your cell phone location data, and law enforcement asked for it, they would need a warrant. But if the location data was repackaged and sold to another company or data broker, and then law enforcement bought the data: no warrant necessary. Why is one exchange of cell phone location data subject to stringent warrant requirements while the other …

Conscience In Commerce: Conceptualizing Discrimination In Public Accommodations, Amy J. Sepinwall

Connecticut Law Review

According to much current law and theory, a public accommodation that offers a good or service to one customer cannot refuse to provide that same good or service to another patron simply because of the latter’s identity. Thus, in many jurisdictions, reception hall owners must rent their spaces to both a Black Baptist Church and the Christian Identity KKK, wedding vendors must sell their goods to a marrying couple no matter the sex of the couple’s members, and foster parent agencies must serve same- and opposite-sex parenting duos alike. Call the principle underpinning this policy the “Equal Access” principle: The …

Preponderance, Plus: The Procedure Due To Professional Licensees In State Revocation Hearings, Allaina M. Murphy

Connecticut Law Review

A licensee who is subjected to professional discipline often experiences harsh and stigmatizing consequences as a result: humiliation; disgrace; loss of reputation, livelihood, and client base. Unfortunately, this, at times, happens on the basis of an unsubstantiated complaint. Procedural due process protections apply to professional license revocation actions to help prevent such error, but states vary widely in the combination and strength of the procedural safeguards they require in such hearings. It is far more likely that an undeserving professional will be unfairly and permanently harmed in a state with minimal procedural safeguards. This Note focuses on procedural due process …