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In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner Dec 2021

In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner

Catholic University Law Review

In the 1950s and 1960s in many parts of the country, a professor could be fired or never hired if he refused to denounce communism or declare loyalty to the United States Constitution. The University of California system took the lead in enforcing these loyalty oaths. These loyalty oaths were challenged all the way up to the United States Supreme Court and were soundly rejected, establishing the centrality of academic freedom and open inquiry on the university campus. So why are loyalty oaths making their resurgence in the form of mandatory diversity statements? Universities have begun requiring faculty members to …


Police Using Photoshop To Alter A Suspect's Photo In Lineup And Courts Allowing It: Does It Violate Due Process?, Molly Eyerman Sep 2021

Police Using Photoshop To Alter A Suspect's Photo In Lineup And Courts Allowing It: Does It Violate Due Process?, Molly Eyerman

Catholic University Law Review

Eyewitness identification remains one of the most popular pieces of evidence in criminal trials despite the decades of research supporting this evidence unreliability. In August 2019, the federal case United State v. Allen became nationwide news when it was revealed that police used Photoshop to remove Allen’s facial tattoo before using the altered-photo in a photo array. None of the eyewitnesses described the culprit as having a facial tattoo, though they identified Allen from the array. Allen is not the only case to have police use Photoshop to edit photos used in arrays. This has been a common practice used …