By: Kemper Scott The U.S. alone holds 20% of the world’s prisoners.[1] According to a report by the Prison Policy Initiative, the total cost of maintaining our prison populations for state and federal government and the families of those locked away is up to $182 billion annually.[2] For the families of those locked away, the costs can be severe both financially and socially. In this post, I would like to briefly examine the cost imposed on the families and communities […]
Native Representation and Hope for Environmental Change
By: Tori Myers Section I: Introduction The Department of the Interior is responsible for the natural and cultural upkeep of this country. This has been done in different means such as collaborating with legislatures to make services such as the National Park Service and the Bureau of Indian Affairs. These two specific departments heavily interact with Native American communities and land, yet Native Americans have been historically underrepresented in these department positions. The lack of representation can be correlated to […]
The Ongoing Consequences of Citizens United v. FEC and Influence of Money in Elections
By: Michael Regnier Decided in 2010, Citizens United v. FEC struck down a portion of the Bipartisan Campaign Reform Act championed by John McCain and Diane Feingold.[1] The ruling also overruled the previous Supreme Court decision of Austin v. Michigan Chamber of Commerce (1990) as well as portions of McConnell v. FEC (2003).[2]
FBI vs. Fazaga: The Role of State-Secrets Privilege in Due Process
By: Jackson Alsup FBI v. Fazaga, a pending case before the Supreme Court, has the potential to drastically change the way due process is carried out when pertaining to litigation of the federal government.
Britney Spears, Conservatorships, and Reproductive Freedom
By: Anna Vander Kooi On June 23, 2021, Britney Spears offered her testimony to the court pertaining to her high-profile conservatorship that began thirteen years ago.[1] In this conservatorship, Spears’ personal life and finances were under the discretion of her father, James Spears, with whom the singer has had a tumultuous relationship. There were many jarring moments throughout her 23-minute speech, as she accused her conservators of putting her on heavy medication, forcing her to perform, and withholding the money […]
COVID-19’s Implications on the IDEA
By: Reese Rosental Saporito, Northwestern University The IDEA, or the Individuals with Disabilities Education Act, ensures access to public education and aid in school settings for students with disabilities. Over 7.5 million children depend on this aid.[1] However, students have faced eight months of online learning because of the novel Coronavirus. We must continue to enforce IDEA and adapt it to fit the needs of students with disabilities’ learning in 2020.
Raz’s Exclusive Positivism and Judges’ Ability to Make Law: Where Are the Limits?
By: Natalie Guarino, Georgetown University All legal positivists believe that law’s existence is a result of social facts, not normative value. Within legal positivism, there is a split between inclusive and exclusive positivists. According to inclusive positivists, although law’s existence does not depend on its merits, law can include moral principles. According to exclusive positivists, it is not possible to incorporate moral principles into law. Joseph Raz, one of the twentieth century’s most influential legal philosophers, is an exclusive positivist […]
Self-Esteem, Gender, and Sexuality: How the Alabama Department of Corrections Limits Individuality and Privacy of Inmates
By: David Ware Section I: Introduction The Alabama Department of Corrections states that one of its main goals is to promote esteem building amongst the inmates in its custody.[1] Becoming incarcerated already comes with anxiety and hardship, so it would make sense for our prison system to promote the self-esteem of inmates. There are certain variables that are essential to building and maintaining a high self-esteem, which include privacy and individuality. However, when looking at the mandates, rules, and regulations imposed […]
Judicial Override and Divided Juries: Capital Punishment in Alabama
by: David Ware Introduction The Sun Does Shine authored by Anthony Hinton, discusses the criminal justice system in the State of Alabama, specifically addressing the use of capital punishment. Mr. Hinton, an African American man, was convicted of the murder of two restaurant workers in 1985 and was sentenced to death.[1] However, there are two important distinctions to be made about this case. First and foremost, Mr. Hinton was wrongly convicted and was released in 2015, 30 years after his […]
Recidivism and Reentry: The Perils of Civil Death
by: Ava Fisher (Prison Writing Competition winner, 2021) Introduction The criminal justice system in the U.S. has long represented a response to a very fundamental belief of democracy: the concept of the social contract. Social contract theory is rooted in ancient political theory that inspired the very birth of democracy itself. However, a contemporary understanding that has been implemented in much of western governance draws its influence from the discourse of enlightenment thinkers such as John Locke, Thomas Hobbes, and Jean […]