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Volume 108 - Spring Issue

Freedom to Pray, Not to Protest

By Leah Reiss. Full Text. The Supreme Court has never definitively ruled on the constitutionality of curfews that target political activity. Historically, curfews have been very difficult to challenge. They suffer from mootness issues because they tend to be temporary in nature, so associated harms are also temporary. Likely as a result, challenges to curfews…

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Data Breach Class Actions: How Article III Standing Analysis Should Evolve After TransUnion, LLC v. Ramirez

By Caleb A. Johnson. Full Text. Data breaches have become a common occurrence for many people in America. Companies retain consumers’ personal information (SSN, DOB, bank account, credit card, biometrics, etc.) to better serve the consumers as well as to improve their company’s bottom line. Hackers get into those databases to fraudulently use existing consumer…

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Evolving Online Terrain in an Inert Legal Landscape: How Algorithms and AI Necessitate an Amendment of Section 230 of the Communications Decency Act

By Ellison Snider. Full Text. The consequences of online speech are undeniable, and yet, as the internet rapidly evolves, Section 230 of the Communications Decency Act (CDA 230), the federal law most concerned with internet regulation, stays the same. The pervasive presence of algorithms and artificial intelligence (AI), sophisticated technologies used by platforms to autonomously…

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Grandpa Sherman Did Not See Google Coming: Evolutions in Antitrust to Regulate Data Aggregating Firms

By Michael J.K.M. Kinane. Full Text. There is a crisis of confidence regarding the regulation of Google and other Big Tech firms. In 2021, over fifty-five percent of Americans believed that under-regulation of Big Tech has resulted in these companies having too much economic influence. Seventy-five percent are not confident that government will hold companies…

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An (Un)reasonable Expectation of Privacy? Analysis of the Fourth Amendment When Applied to Keyword Search Warrants

By Helen Winters. Full Text. In the “digital age,” perpetual changes in technology have brought increased opportunities for exchanges of personal data between individuals and third parties. Often, this information-sharing is a necessity to fully participate in modern society. Yet, investigative techniques such as reverse keyword search warrants have called into question the applicability of…

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School Curricula and Silenced Speech: A Constitutional Challenge to Critical Race Theory Bans

By Dylan Saul. Full Text. In 2021, conservative politicians, activists, and media personalities ignited a culture war over teaching critical race theory (CRT) in public schools. Something about this manufactured conflict struck a chord with American voters: school board meetings have devolved into screaming matches, education became a critical wedge issue in elections across the…

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Why Are There So Many Taxes?: Teleworking and the Multiple Taxation Dilemma—Time to Standardize and Apportion

By Xiaoyuan Zhou. Full Text. Due in large part to the COVID-19 pandemic, remote teleworking has become the new norm for many professions. This dramatic shift in the workforce has raised serious tax concerns, and it has caused double taxation troubles for millions of remote workers. The fallout from COVID-19 continues to have a significant…

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Minimum Deadly Contacts

By Jesse Noltimier. Full Text.  Domestic violence is a national epidemic. Roughly one in three women will experience some form of domestic violence during their lifetime. Women are also seventy times more likely to be killed in the two weeks after leaving their intimate partner than at any other time during their relationship. Thus, it…

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Gruel and Unusual: Prison Punishment Diets and the Eighth Amendment

By Jackie Cuellar. Full Text.  For as long as prisons have existed, food has been used as a mechanism of prisoner control. One of the earliest forms of food as punishment was the aptly named “bread-and-water diet,” providing prisoners with just 700 calories per day. The diet was later deemed cruel and unusual in violation…

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