Law Commons^™

How The United States Fails Immigrant Youth, Abigail "Abby" Reinhard Greene

University of the District of Columbia Law Review

Immigrants are some of the most marginalized members of society. Immigrant youth, in particular, endure additional stresses due to their dual status as children and immigrants. Many fled their home country from persecution or entered the U.S. without a parent or legal guardian.

By May 2024, over 120 million individuals were “forcibly displaced worldwide as a result of persecution, conflict, violence or human rights violations.” In 2022, over 152,000 unaccompanied immigrant youths crossed the U.S.-Mexico border. The United States faces several challenges in supporting these immigrant youths, and it currently fails to meet those challenges. ...

This note details how …

Fetal Personhood And The Judicial Erosion Of Women's Rights Following Dobbs, Brendan Williams

University of the District of Columbia Law Review

In Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court overturned its prior precedents recognizing a constitutional right to abortion, a recognition that began nearly a half-century before with its decision in Roe vs. Wade. In its granting certiorari in a case involving a Mississippi law restricting abortion, the New York Times reported that the Court majority took advantage of the death of Justice Ruth Bader Ginsburg by allowing “Mississippi to perform a baitand-switch, widening what had been a narrower attempt to restrict abortion while she was alive into a full assault on Roe — the kind …

Secure 2.0'S Automatic Enrollment Provisions And Their Potentially Detrimental Effect On Undocumented Immigrants, Kelly Maurer

University of the District of Columbia Law Review

The SECURE 2.0 Act of 2022 significantly expands retirement plan participation through automatic enrollment mandates, a policy aimed at improving financial security for American workers. However, these provisions may create unintended hardships for undocumented immigrant workers, who constitute between 4.4% to 5.4% of the U.S. labor force. This Note examines how automatic enrollment, default contribution rates, and current distribution requirements may create financial and legal hardships for undocumented workers lacking valid Social Security Numbers (SSNs) or Individual Taxpayer Identification Numbers (ITINs). The analysis explores the uncertain legal status of undocumented workers under the Employee Retirement Income Security Act (ERISA), as …

Unmasking The Algorithm: Addressing Bias And Accountability In Ai-Driven Employment Practices, Jasmine Wallace

University of the District of Columbia Law Review

This article argues that as AI systems continue and increasingly influence critical life outcomes, the courts must adapt existing legal frameworks to address disparate impact claims arising from AI-driven processes specifically in employment practices. Doing so will ensure redress for individuals who seek justice against AI-driven processes that cause unintended discrimination without explicit intent and hold organizations accountable to produce transparent and accurate AI-driven employment processes.

This article is divided into three distinct parts. Part I provides concise definitions of commonly used relevant AI terminology and provides an overview of the factual and legal history of disparate impact in employment …

Beyond Human Discretion: Reconciling Ai Systems With Traditional Legal Frameworks, Daniel Ikem

University of the District of Columbia Law Review

In February 2023, attorneys representing a plaintiff in a personal injury case against Avianca Airlines submitted a legal brief containing multiple citations to nonexistent judicial decisions generated by ChatGPT. When questioned by the court, the attorneys admitted they had relied on research generated by artificial intelligence (AI) without verification, resulting in sanctions and reputational damage. Mata v. Avianca both represents professional negligence by legal professionals and a complex intersection of human and artificial intelligence. Unlike traditional research tools that retrieve existing information, generative AI (GAI) creates novel content that appears authoritative, introducing unique verification challenges that traditional ethical frameworks did …

Standard Of Proof In Child Welfare Cases, Guillermo Cintron

University of the District of Columbia Law Review

The lack of federal standards at the most crucial decision points of child welfare cases allows agencies across the country charged with ensuring the safety of children to abuse their authority by overregulating and policing Black and Brown families while interfering with their constitutional right to family integrity. Throughout this paper, I will share my experiences working in child welfare. Since 2001, I have worked with children and families in various roles involving the child welfare system. Over the course of my career, I have worked with children in foster care, providing therapeutic services as a case manager working with …

Epigenetics, Preconception Tort Liability, And Public Health, Peter Sie

UC Law Journal

Epigenetics is an emerging science that studies how our behavior and environment can change the function of our genes without changing our genetic code. These changes can pass on to our children and grandchildren, for better or for worse. Epigenetic knowledge could change our understanding of human biology and individual responsibility. However, it is also ripe for misunderstanding. Commercial entities seek to capitalize on the hype to sell snake oil under the “epigenetic” label. In the popular press, reporters dramatize limited studies to create sensational headlines, often blaming parents for causing epigenetic harms to their children.

If this attitude toward …

America’S Failure To Rescue Parents: A Narrative Of Inequitable Tax “Reform”, Shannon Weeks Mccormack

UC Law Journal

Other developed nations provide a slew of direct benefits to parents, such as paid parental leave and affordable childcare. America instead takes a circuitous route, heavily relying on the Internal Revenue Code (the “Code”) to provide tax breaks to certain parents. In addition to being indirect and comparatively stingy, these “parental tax benefits” are not awarded equitably. Instead, they favor nonpoor, one-breadwinner families, ignore the plight of nonpoor, working parents incurring substantial childcare and other work-related costs, exhibit an outright hostility toward poor parents, and raise a host of other distributional concerns. This preferentialism is sticky— when Congress alters parental …

Science And Politics In Public Health Regulation, Samuel R. Bagenstos

University of Michigan Journal of Law Reform

Much of American public discourse takes for granted a distinction between science and politics. People describe and understand that distinction in contradictory ways, however. And those contradictions themselves underscore how closely entwined science and politics actually are.

Encouraging Expanded Producer Responsibility In Agricultural Labor Relations, Emma I. Scott

William & Mary Environmental Law and Policy Review

Over two million farmworkers provide essential support to the country’s food system. As detailed below, their current working conditions, living conditions, and legal protections do not reflect the importance of their contributions. As regulations and enforcement have fallen short in securing their rights and economic position, public incentive schemes can encourage improvements and equip grower-employers to reverse the race to the bottom and instead become leaders in providing dignified work opportunities. This Article looks at recent attempts and opportunities to leverage federal policies and programs to incentivize this type of leadership. It proposes that the U.S. Department of Agriculture (USDA) …

Goldilocks And The Three Frameworks: An Argument For A Hybrid Approach To Regulating Fusion Energy Systems, Mitch Boyer

William & Mary Environmental Law and Policy Review

Part I will explore the beginnings of nuclear power regulation in the United States by outlining the short lifespan of the Atomic Energy Commission (AEC), the NRC’s [Nuclear Regulatory Commission's] predecessor, and why the Agency’s two competing directives of protecting public safety and encouraging industry development eventually led to its dissolution in 1974. The subsequent separation and assignment of these directives to newly created agencies— safety to the Nuclear Regulatory Commission and development to the Energy Research and Development Administration—demonstrates that the NRC’s primary statutory directive is regulating nuclear power safely. Part II will delve into the early days of …

Envisioning A Duty Of Directors To Link Executive Compensation To Climate Change: Lessons From Europe, Alberto R. Salazar V.

William & Mary Environmental Law and Policy Review

The practice of tying executive compensation to climate change goals has gained some traction. However, designing a duty of directors to link executive pay to climate change objectives poses significant challenges. Some lessons can be drawn from countries attempting to establish such a duty. This Article examines Europe’s Corporate Sustainability Due Diligence Directive (CSDDD) and its negotiation process and draws insights for effectively crafting such a duty. The CSDDD, which entered into force on July 25, 2024, mandates large companies operating in Europe to conduct due diligence on human rights and environmental impacts with respect to their own operations and …

Burying The Icepick: Why And How The United States Should End Its Dispute With Canada Over The Legal Status Of The Northwest Passage, Ryan Weber

William & Mary Law Review Online

This Note argues that the United States should work with Canada to pass an amendment to the United Nations Convention on the Law of the Sea (UNCLOS) that allows Canada to legally claim the Northwest Passage as internal waters. While the United States has long championed freedom of navigation, important U.S. security, environmental, and diplomatic interests weigh in favor of a legal regime that allows Canada to exercise complete control over the Northwest Passage. However, UNCLOS does not currently support Canada’s claim. Thus, the best means of accomplishing this objective is for the United States to work with Canada to …

Real Housewives & Real Crimes: The Implications Of Broadened Privacy Rights On White-Collar Offenses, Shrinithi Venkatesan

William & Mary Business Law Review

Reality television stars turn their fame into fortune, often blurring ethical lines as they exploit their platforms for personal gain. These personalities engage in fraud, tax evasion, and embezzlement, all while maintaining a prominent presence on-screen. Specifically, stars on The Real Housewives franchise realize tremendous successes from their stints on the famous television show by capitalizing on their exposure through social media. With their newfound wealth and fame, many of these stars commit white-collar crimes under their viewers’ watchful eyes. This Note examines three prevailing examples of reality television stars who committed various white-collar crimes. Interestingly, networks tolerate criminal behavior …

The National Security Of Inbound & Outbound Investment: Reforming Cfius And Foci, S. Connor Cheadle

William & Mary Business Law Review

This Note examines the evolution and contemporary significance of regulatory frameworks guiding the involvement of private corporations in the U.S. national security regime and the regime’s regulation of inbound and outbound investments as they pertain to national security interests. This Note focuses primarily on the Committee on Foreign Investment in the United States (CFIUS) and Foreign Ownership Control or Influence (FOCI) as regulatory mechanisms. Originating from the Cold War and adapted to post-9/11 security concerns, the scope of national security has widened from the traditional defense and intelligence functions to a more all-encompassing interest, including economic policy and the actions …

Anti-Abortion Law Or Illegal Human Life Support Conscription?, Jennifer Ann Drobac

UC Law Constitutional Quarterly

This Article introduces the idea that forced fetal life support in a state that bans abortion is unpaid state-conscripted human life support (“USCHLS”) by the hosts. It reviews how the Dobbs decision resulted in USCHLS, unpaid work, which violates the U.S. Constitution’s Thirteenth Amendment protection against “involuntary servitude.” Additionally, USCHLS constitutes a per se taking which violates the “Takings Clause” of the Fifth Amendment. This Article suggests sexual activity insurance might alleviate some of the problems with USCHLS, but not all of them.

To date, no U.S. federal or state government offers the G.I. bill, a state equivalent, or service …

Originalism’S Stare Decisis Problem: The Place Of Precedent In Theories Of Interpretation, Arjan S. Heir

UC Law Constitutional Quarterly

Originalism is a prevalent approach to legal interpretation, and stare decisis is a prevalent legal doctrine. Yet, the two do not happily coexist. This article explores the role that stare decisis plays in originalism and living constitutionalism, with a focus on the doctrine’s impact on each theory’s integrity in both academic and lay circles.

Originalism runs into trouble on two levels. First, it is self-defeating in theoretical terms, as it treats stare decisis as a “pragmatic exception” to an interpretive theory premised on excluding policy considerations from legal analysis. Second, it undermines judicial legitimacy by failing to provide the public …

Beyond The Suburban Ideal: Addressing Southern California’S Strained Affordable Housing Market Through Density Bonus Programs, Alissa Larue

School of Public Policy Capstones

This study examines how expanding Accessory Dwelling Units (ADUs) could serve as an effective policy solution to address the housing affordability crisis. In San Diego, a Bonus Program has been implemented to incentivize the construction of affordable ADUs by relaxing burdensome regulations. A Differences-in-Differences approach using two-way fixed effects is employed to evaluate the program's effectiveness in promoting ADU development, using city-level data from San Diego and Los Angeles counties. ADU permit applications serve as a key indicator of policy impact. The findings strongly suggest that the Bonus Program influenced increasing ADU permit applications in San Diego. Because the model …

Olmstead 25 Years Later: Advocating For Children With Mental Health And Behavioral Health Needs, Laura C. Hoffman

Mercer Law Review

On June 22, 1999, the Supreme Court of the United States issued a monumental decision in the history of the disability rights movement in Olmstead v. L.C. by Zimring. As people with disabilities, especially those with mental health conditions or developmental disabilities, were frequently institutionalized without much of any thought to allowing them to be a part of the community, the Olmstead decision changed all of that, at least in terms of the acknowledgment of the legal right to a placement in the least‑restrictive environment whenever possible and cementing into legal protections the understanding that community integration was firmly …

Editor’S Note, Olivia Greenblatt

Mercer Law Review

No abstract provided.

Discrimination That Requires A Remedy: The Case Of Mothers Of Children With Disabilities, Ewa Rejman

Mercer Law Review

International human rights law devotes particular attention to the protection of vulnerable groups owing to their special needs and distinctive challenges which should be adequately considered. Building upon this premise and stressing the importance of gender approach, the Article describes particular vulnerabilities that mothers of children with disabilities face and explains how addressing them remains contingent upon safeguarding, in particular, the right to the highest attainable standard of health, the right to social security, the right to an adequate standard of living and the right to family life. Through the analysis of the responsibility for the omission in international law, …

Race Centers As Critical Curriculum Spaces In U.S. Law Schools, Katheryn Russell-Brown, Vanessa Miller

Mercer Law Review

This piece aims to amplify the role of law school race centers. In fact, these centers are central curriculum spaces for student teaching and learning about race. The discussion highlights the role of race centers in law schools, explores the scholarly potential of race centers, and proposes strategies for sustaining race centers. The piece examines the role of race centers in helping law schools meet American Bar Association Standard 303(c), which requires that law students are exposed to race‑related curriculum, such as bias, cross‑cultural competencies, or racism. Tracing the historical roots of modern‑day race centers to Black Culture Centers of …

The Anatomy Of Creating A New Legal Discipline In Which Intersectionality Is Integral: Teaching Employers To Accept The Importance Of Workplace Discrimination And Understanding The Connection Between The Intersectionality Messages We Receive And How They Are Manifested In The Workplace Resulting In Violations Of Title Vii Of The Civil Rights Act Of 1964 And Lack Of Diversity, Dawn D. Bennett-Alexander

Mercer Law Review

The Author created the first law course in the country for colleges of business that taught business students how to recognize and work to avoid the genesis of workplace discrimination legal claims that lawyers are then called upon to handle, many of which are firmly rooted in intersectionality. That is, Title VII of the Civil Rights Act of 1964 violations and employer liability. This led to her creating the earliest iteration of what we now know as Diversity, Equity, Inclusion, and Belonging (DEIB). In doing so, she had to explore how workplace decisions are made, which led to the realization …

The Migrant Family Separation Crisis: The Multifaceted Approach To End The Practice, Obtain Redress, And Prevent Its Return, Mariela Olivares

Mercer Law Review

Recent movements highlight a dual approach to resisting the horrific government policies of family separation and family detention. Capitalizing on xenophobic and racist hostilities, the policies created deep societal and political divides while igniting new levels of resistance in public protest and legal challenges. Although the Trump Administration’s targeting of migrant families was not a new strategy to deter migration to the U.S., the oppression of migrants through the Family Separation Policy has taken on a heightened level of moral depravity and unconstitutional infringement of due process rights, parental rights, and rights of children. For some traumatized families, these actions …

Beyond Politics: Rethinking The Conversation On Gender-Affirming Care For Youth, Olivia Sanders

Mercer Law Review

According to a study conducted in June of 2022 by the Williams Institute School of Law, nearly 300,000 youth members in the United States identify as transgender. According to these calculations, this statistic indicates that “[t]he number of young people who identify as transgender has nearly doubled in recent years.” Gender‑affirming healthcare is usually administered to treat gender dysphoria, which is defined as “a state of distress or discomfort that may be experienced because a person’s gender identity differs from that which is physically and/or socially attributed to their sex assigned at birth.” A 2021 study conducted by Reuters exposed …

Rituals Of Reluctance: How Loper Bright Further Obscures Civil Rights’ Place In The Modern Administrative State, Cameron K. Obioha

Mercer Law Review

Loper Bright Enterprises v. Raimondo (Loper Bright)marks the end of the Chevron doctrine and the abandonment of nearly forty years of precedent. Despite providing extensive reasoning regarding why eliminating an anchor of administrative law is the culmination of long‑awaited progress, no member of the Supreme Court of the United States elected to opine on a crucial implication of this historic decision. The court did not address how, with reinstated dominion over “every open issue” in regulatory law, it will reconcile the ever‑widening chasm between civil rights policy and the modern administrative state when such challenges inevitably arise.

"Data Science For Digital Privacy: A Practical Guide For Non-Technical Audiences", Kayla Ahrndt

SPARK Symposium Presentations

As companies increasingly rely on consumer data for personalization and profit, the need for stronger user protections, security measures, and transparency in data practices grows. Legal frameworks must be continuously re-evaluated and updated to ensure accountability, while individuals must be equipped with the knowledge to make informed decisions about their digital presence. However, personal data privacy education remains widely inaccessible due to the technical language and the effort required to navigate complex policies. This project, presented in both zine and blog formats, addresses this gap by providing clear, actionable, and accessible recommendations for data privacy and personal cybersecurity. As an …

Rational Choice Theory: An Evaluation, Camille Liebergen, Troy Terry

SACAD: Scholarly Activities

The Rational Choice Theory is the view that individuals who commit crime behave in a rational way. This theory suggests that criminal behavior is not impulsive, but rather a result of a cost-benefit analysis evaluating the perceived rewards from the act against the potential punishment. It suggests that the criminal justice system can reduce crime by increasing the risks associated with criminal behavior. (Siegel, 101)

Christopher Tapp, Haley Schoenberger

SACAD: Scholarly Activities

Christopher Tapp was wrongfully convicted for the murder and rape of 18-year-old Angie Dodge and the use of a deadly weapon in Idaho. This took place in 1996. This highlights the damages and dangers of coerced confessions and failures within the criminal justice system. Tapp was convicted even though there was no physical evidence linking him to the crime. He was sentenced to 30 years to life because of a confession extracted by the police’s interrogation and a false witness statement. The DNA at the scene did not match Chris but he was still imprisoned for 20 years. In 2019, …

22 Years Lost: The Story Of Paul House, Mariah A. Carrillo

SACAD: Scholarly Activities

This project outlines the wrongful conviction of Paul House and his eventual exoneration after 22 years on death row in Tennessee. The murder of Carolyn Muncey occurred in 1985 in Luttrell, Tennessee and House was an immediate suspect with the finding of multiple pieces of forensic evidence. Namely, it was ABO serology testing that was used to tie House to the crime. Advancements in this form of testing showed that House was innocent. It was in 2006 that the Supreme Court ruled in favor of House’s exoneration due to the flaws in the original forensic evidence. This project exemplifies the …