By: Thomas Walsh From the founding of British colonies in North America to the United States of the mid-20th century, women were denied property rights equal to those which men enjoyed. Though women still are often placed at a disadvantage in modern society compared to their male counterparts, these situations are often due to social norms and gender bias rather than inequality codified in law.[1] While it may be such that women are not given just control over property due […]
Mexico’s Efforts to Curb Violence Against Journalists
By: Angelina Ramirez, University of Texas at Austin 2022 marked the tenth anniversary since the Mexican government implemented the 2012 Protection Mechanism for Human Rights Defenders and Journalists to end the significant violence against these vulnerable groups. Journalist protection mechanisms are coordinated inter-agency systems designed to ensure the safety of journalists by focusing on the prevention and prosecution of violence against journalists.[1] These mechanisms facilitate the dispatch of first responder teams and emergency protection measures for threatened reporters. Each mechanism […]
Vega v. Tekoh: The Undermining of Miranda
By: Kate Killean The holding in Miranda v. Arizona is one of the backbones of law enforcement in the United States, not to mention its appearance in television shows and movies. It established the well-known standard that for a statement to be admissible in court, a law enforcement officer must read certain rights, including that against self-incrimination, to detainees before questioning.[1] This rule is prophylactic, meaning it is not directly stated in the Constitution but is used to overprotect constitutional […]
The Connection Between Nat’l Pork Producers Council v. Ross and Abortion
By: Delaney Epley Nat’l Pork Producers Council v. Ross is a pending case argued in front of the Supreme Court in 2022. The case revolves around Proposition 12, passed by California in 2018, which prohibits the sale of pork from animals confined in a manner inconsistent with California’s standards. The case’s central question is whether this law is inconsistent with the U.S. Constitution’s dormant commerce clause. Here, the argument is that the law violates the dormant clause because it essentially […]
Fitisemanu, the Insular Cases, and Territorial Autonomy
By: Emily Evans The Insular Cases are a longstanding series of cases from the early 20th century concerning the status of U.S. territories and their inhabitants. These cases introduced the doctrine of territorial non-incorporation, which justified the ownership of the United States over acquired foreign territories without incorporating these territories and denying inhabitants their rights and equal protection under the law as U.S. citizens.[1] Objectively, these cases were based on social Darwinist ideologies about the people indigenous to these territories, […]
The Least Litigated Amendment
By: Thomas Walsh The Third Amendment to the Constitution has never been the basis of a Supreme Court decision, and it has only been cited a few times throughout U.S. legal history. It states that “no Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner prescribed by law.”[1] The American founders wrote this amendment while they tried to create a nation that improved […]
The Historical Applications of the Free Exercise and the Establishment Clauses
By: Thomas Walsh The First Amendment to the Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”[1] Like many documents written near the time of the founding of the United States, its vague nature has led to significant conflicts over the following centuries. Recently, the Dobbs v. Jackson Women’s Health Organization ruling overturned the precedent set by Roe v. Wade that determined that the Constitution protects abortion access on a […]
STEM Guest Workers and the U.S. Economy
By: Sara Robideaux The STEM disciplines are widespread and valuable fields to which many of the guest workers of America contribute. The H-1B visa focuses on specialty occupations, generally requiring a degree. Although there are various specialties, STEM occupations are currently the majority, with about 90% of total H-1B visas.[1] The H-1B visa requires the employer to hold the visa while the employee (or guest worker) is the beneficiary. Beneficiaries are allowed to participate in this visa under one of […]
Kayden’s Law and the Future of Family Court
By: Sara Robideaux In 2018, Kayden Mancuso, a seven-year-old child, was killed by her biological father during a court-ordered unsupervised custody visit in Bucks County, Pennsylvania. As appalling, tragic, and heartbreaking as this is, it is not an anomaly. During the COVID pandemic, maltreatment and abuse reports decreased, but hospital cases did the opposite.[1] This concerning trend prompts the assumption that as interactions between children and mandated reporters such as teachers decreased, reporting and proper investigations of child abuse in […]
The Effect of Foundational Law on the Environment
By: Sara Robideaux Pierson v Post, decided in 1805 and regarding an incident in 1802, is an American legal case involving property law. This case took place in the state of New York and begged the question of rights while pursuing a wild animal. This ruling is considered both foundational and essential in future property law cases.[1]