This Article argues that mixed- income housing is implemented as a surreptitious form of racial and economic integration that accommodates and replicates prevailing race and class assumptions detrimental to the needs and interests of low to moderate-income individuals in need of housing.
This Article explains some of the challenges presented by the opinion of Star Athletica and argues that clearer attention to the differences between design patent and copyright could have helped—and might still be useful going forward.
The current cybersecurity landscape is unsustainable. Companies are increasingly relying on third parties for conducting services, yet these third-parties continue to be targets of attack due to their weak cybersecurity measures. However, blockchain technology should be implemented as part of a large company’s comprehensive cybersecurity plan. The trust that the blockchain offers, along with the...
This Comment explores ways in which environmental law and policy perpetuate injustice for socially vulnerable communities, particularly communities of color or low-income communities, often through biased environmental decisionmaking.
This Comment explains how President Trump’s changes to immigration enforcement and attempt to rescind DACA have affected undocumented students, and proposes that the student-university relationship both legally permits and morally obligates postsecondary institutions to adopt policies that protect and insulate undocumented students from the harmful effects of these changing policies.
This Article argues that courts unjustifiably limit public school liability under both the Fourteenth Amendment and Title IX for student physical, verbal, and sexual harassment and abuse.
This Article articulates an understanding of the Rules Enabling Act that will equip the Supreme Court with the ability to judge a rule’s validity—and give the rulemakers much clearer guidance regarding the outer boundaries of their remit.
This Article argues that courts unjustifiably limit public school liability under both the Fourteenth Amendment and Title IX for student physical, verbal, and sexual harassment and abuse.
This Article articulates an understanding of the Rules Enabling Act that will equip the Supreme Court with the ability to judge a rule’s validity—and give the rulemakers much clearer guidance regarding the outer boundaries of their remit.
This Article explores the implications of the Supreme Court’s recent decision in Janus in light of the Court’s apparent adherence to “the doctrine of one last chance,” which requires the Court to give advance notice of its willingness to issue disruptive decisions.
An individual cannot “plead the Fifth” if asked to unlock a smartphone using a physical feature. On the other hand, an individual who possesses the same smartphone, but uses a nonbiometric password, can successfully “plead the Fifth” and refuse to disclose the password. This Comment explores this legal issue and sets forth a proposal on how courts can extend the Fifth Amendment privilege against...
U.S. Customs and Border Protection’s (CBP) short-term holding cells have received mass media attention because of their inhumane and punitive conditions. CBP agents and immigration detainees alike refer to these cells as hieleras. This Comment draws attention to rights violations inside hieleras and is the first to analyze a groundbreaking class action lawsuit brought by an immigrants’ rights...
The U.S. Supreme Court’s 2016 decision in Hurst v. Florida, which struck down Florida’s capital sentencing scheme, altered the Court’s Sixth Amendment sentencing doctrine. That doctrine has undergone several important changes since it was first recognized. At times the doctrine has expanded, invalidating sentencing practices across the country, and at times it has contracted, allowing...
In this Comment, I argue that the persistence of racial health disparities today is not only a relic of a long history of anti-Black racism in healthcare, but a consequence of the Court’s colorblind approach to affirmative action jurisprudence since U.C. Regents v. Bakke and the restrictions in access to predominantly white institutions that have resulted. In recounting the history of racism in...