Law Commons^™

State-Sanctioned Displacement: An Interstate Examination Of Felon Disenfranchisement, Claudia Leonor

Law Student Publications

In his dissent of New State Ice Co. v. Liebmann, Justice Louis Brandeis referred to the constituent states of the country as “laboratories for democracy.” He noted that, as sovereign entities within the United States, states are empowered to “try novel social and economic experiments without risk to the rest of the country.” In postbellum American society, states have grappled with Reconstruction and the concomitant dismantlement of a caste system hinging on racism. In convening constitutional assemblies, the states experimented with racism and succeeded. In Southern jurisdictions, racial animus enabled the creation of constitutional frameworks and legislation that would have …

Python Patrol: Combatting The Problem Of Evasive Non-Native Snakes In Florida, Jessica Rooke

Law Student Publications

The Florida hotspot of non-native invasive species has long been recognized as a fascinating, yet perplexing environmental issue since the late 1900s. After decades of patchwork efforts by the federal and state government, it has become clear that a more holistic approach must be taken to help eradicate the Burmese Pythons that have overtaken Southern Florida. This article highlights the prior efforts taken federally and state-wide to combat this issue and assesses the current gaps in these efforts and what must be done to achieve a more holistic approach. Other states are used as points of comparison in regard to …

A Call For Change: Doing More To Protect Black And Brown Victims Of Domestic Violence, Kiana Gilcrist

Law Student Publications

Domestic violence (“DV”) disproportionately affects Black and Brown women. This article examines the tense history of law enforcement engagement with minority groups, which has caused a strain on that relationship, leaving minority groups more likely to choose to stay in their DV situations than seek out law enforcement help. The divide still impacts these groups today. Additionally, the article highlights several organizations that have formed to address the needs of minority individuals. Other organizations have been around, but their ties to law enforcement create an added barrier for Black and Brown women seeking protection. The article concludes by briefly examining …

Individual Funding: A Policy Solution To Family Abuse In Rural Areas Impacted By The Covid-19 Pandemic, Jessica King

Law Student Publications

Intimate partner violence is an issue in the United States experienced by more than one in three women. This article addresses the topic of intimate partner violence and the factors contributing to the perpetuation of abuse. It focuses on how these factors manifest in rural areas and in the context of the COVID-19 pandemic, which increased isolation and economic abuse. This article explores policies currently used to combat intimate partner violence in these contexts. The current acts, including the Victims of Crime Act (VOCA), the Family Violence Prevention and Services Act (FVPSA), and the Violence Against Women Act (VAWA), expressly …

How California's Racial Justice Act Of 2020 Protects Criminal Defendants From Racial Discrimination And Why The Equal Protection Clause Is Not Enough, Hannah Laub

Law Student Publications

The Equal Protection Clause should prevent racial discrimination in the criminal legal system, yet Black people and people of color are disproportionately arrested, prosecuted, and incarcerated in the United States. This is partially due to the heavy evidentiary burden required to demonstrate an Equal Protection violation and the failure of the Supreme Court to ease that burden in McCleskey v. Kemp. With federal law largely ineffective, states such as California have passed legislation to provide more robust civil rights protections. This article explores how the Equal Protection Clause fails to provide a remedy for criminal defendants who experience racial discrimination …

The Legislative Graveyard: A Review Of Virginia's 2022 Regular General Assembly Session, Kaylin Cecchini, Haley Edmonds

Law Student Publications

In 2019, Democrats won a majority in the House of Delegates and the Senate, and the Commonwealth was led by a Democratic Governor. The Democrats’ majority trifecta, which they had obtained for the first time since 1992, was once again lost on November 2, 2021, when Virginians voted to renew the Republican leadership in the Office of the Governor and in the House of Delegates. Under this once again bifurcated, yet unusually polarized, assembly, legislators on either side of the political aisle faced an uphill battle getting legislation passed, with the majority of bills ending in a stalemate. As a …

Expanding American Indian Land Stewardship: An Environmental Solution For A Country In Crisis, Haley Edmonds

Law Student Publications

Land is the central foundation around which all life is formed. Therefore, societies must have a stable connection with the land in order to be structurally sound. If this connection is weak or inflexible, every building-block of civilization laid on top of it will inevitably crumble. Some societies have established stable relationships with the land by working around and responding to nature’s rhythms in order to satisfy their needs. Whereas other societies have ignored nature’s intricacies and instead have tried to strong-arm nature into yielding to their whims. These two diametrically opposed approaches to conceiving of humans’ relationship with the …

Examining The Relationship Between Environmental Justice And The Lack Of Diversity In Environmental Organizations, Haley Walter

Law Student Publications

This article highlights the ongoing lack of diversity in each of the three major types of environmental organizations—conservation and preservation organizations, governmental agencies, and environmental grantmaking foundations—and assesses how this lack of diversity has historically marginalized people of color. Assessing the history of how the environmental movement has marginalized people of color is key because from this marginalization grew the rise of the environmental justice movement and recognition from the legal system of environmental issues that disproportionately impacted people of color. Last, this article presents solutions on how environmental organizations can increase and retain diversity in their staff and leadership …

System Accountability And Sexual Assault: The Past And Future Of The Criminal Justice System, Alta Viscomi

Law Student Publications

The #MeToo Movement and the rise in the public consciousness of the impact of sexual violence has made abundantly clear that the legal rape reform movement that began in the 1970s was largely unsuccessful in stemming the tide of sexual violence. That movement was directed at the procedures in criminal justice system that make rape prosecutions easier for the state, but it failed to address the state’s role in enabling and perpetuating sexual violence. By failing to address those issues and by actively turning to carceral feminism, the state implemented a system in which sexual violence reporting remains low while …

To The Survivors Of Childhood Sexual Abuse- Whenever You’Re Ready: Eliminating The Criminal Statute Of Limitations On Childhood Sexual Assault Crimes In Light Of Pennsylvania’S Catholic Dioceses Grand Jury Investigation, Rebecca Schultz

Law Student Publications

It is exceptionally difficult for many survivors of sexual assault to come forward to tell their story. This is particularly the case where the perpetrator is someone in a position of power who the survivor trusted. The statute of limitations for cases of childhood sexual abuse can serve as another barrier preventing survivors from coming forward because it prevents any semblance of justice for those individuals. This is currently most evident in states like Pennsylvania that still impose a statute of limitations on crimes of sexually assaulting children. Pennsylvania is reeling from its most recent Catholic clergy sex abuse scandal, …

They Still Just Don’T Get It: The Lessons Of The #Metoo Movement Through The Lens Of Supreme Court Nominations, Maryann Grover

Law Student Publications

Many have hailed the #MeToo Movement as a turning point in the way this country discusses sexual assault and sexual harassment, but when looking at the #MeToo Movement through the lens of Supreme Court nominations, it is unclear whether the impact of the Movement will be as farreaching as some imagine. The hearing of Anita Hill, which came before the #MeToo Movement, and the hearing of Dr. Christine Blasey Ford, which came after the #MeToo Movement, perhaps demonstrate that the #MeToo Movement has reached its limit culturally and now institutional change must be the focus in order for the goals …

The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan

Law Student Publications

In 2017, the Ninth Circuit Court of the United States decided a case of an undocumented noncitizen that went against United States Su- preme Court precedent. The appellant in Marinelarena v. Sessions was removed despite the fact that she had not been convicted of any crimes. This comment examines the arguments and strategies of the case that the judges relied upon in their opinion.

Giles, The Confrontation Clause, And Inferred Intent: Do Abusers Forfeit Their Confrontation Rights By Engaging In Domestic Violence?, Evan Stastny

Law Student Publications

This Prosecuting those accused of domestic violence presents an array of challenges for prosecutors. These crimes are frequently a he-said, she-said situation with minimal physical evidence. This puts a heavy weight on victim testimony in order to obtain a conviction. Unfortunately, many victims refuse to testify at the outset, agree to testify then change their minds, or do not show up for the court date. Without that testimony, prosecutors will often drop the charges against an accused, possibly putting the victim at risk of another episode of violence.

Justice Scalia opened the door to the possibility of a prosecutor being …

Bargaining Towards Equality: The Effects Of Implicit Bias Training On Plea-Bargaining, John Dunnigan

Law Student Publications

This comment focuses on the racial discrimination that currently exists in the process of plea-bargaining. The author suggests an approach aimed to mend the widespread racial discrimination. Particularly, the author details why mandatory implicit bias trainings for prosecutors would benefit defendants. Implicit bias trainings would benefit the criminal justice system as a whole because they would bring awareness to the issue and give prosecutors the knowledge they need to act justly in the plea-bargaining process.