Posts by lawreview
ICWA’S “ACTIVE EFFORTS” STANDARD DURING THE COVID-19 PANDEMIC
By: Molly Nelson-Regan, Volume 106 Staff Member[1] Congress enacted the Indian Child Welfare Act of 1978[2] (ICWA) out of concern for the “abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes.”[3] ICWA offers the “gold standard” for family reunification in the landscape of child welfare.[4]…
Continue ReadingCURTAILING INTERNET EXCEPTIONALISM: FRANCES HAUGEN’S CALL TO AMEND SECTION 230 AND HOLD FACEBOOK ACCOUNTABLE FOR ITS ALGORITHMIC HARM
By: Ellison Snider, Volume 106 Staff Member Last month, Frances Haugen, former product manager at Facebook, testified to the Senate Committee on Commerce, Science, and Transportation about the company’s one-way mirror on its users.[1] After leaking private internal Facebook documents to the Wall Street Journal, Haugen showed the public that Facebook knows a lot about…
Continue ReadingCAN A NON-SECRET BE A STATE SECRET? EXAMINING STATE SECRETS PRIVILEGE IN UNITED STATES V. ZUBAYDAH
By: Kimberly Ortleb, Volume 106 Staff Member On October 6, 2021, the Supreme Court heard oral arguments for United States v. Zubaydah,[1] which presents the question of how far state secrets privilege extends. Zayn al-Abidin Muhammad Husayn (“Zubaydah”) was disappeared and tortured as a part of the CIA’s “enhanced interrogation” program in 2002.[2] From December…
Continue ReadingRISING TO THREE OCCASIONS: THE SUPREME COURT GRAPPLES WITH HOW TO COUNT PRIOR CONVICTIONS IN THE ACCA CONTEXT
By: Haley Wallace, Volume 106 Staff Member The Armed Career Criminal Act (ACCA)[1] was enacted to severely punish society’s worst criminal offenders.[2] Congress passed the ACCA in 1984 specifically to target the “most dangerous, frequent, and hardened offenders,”[3] and to “incapacitate the armed career criminal for the rest of the normal time span of his…
Continue ReadingFILMING POLICE IN THE WAKE OF GEORGE FLOYD’S MURDER: A FIRST AMENDMENT RIGHT?
By: Dylan Saul, Volume 106 Staff Member The murder of George Floyd, at the hands of Minneapolis police officer Derek Chauvin, sparked a nation-wide reckoning with racism and police brutality that might not have happened had seventeen-year-old Darnella Frazier not recorded the murder on her smartphone.[1] The increasing public focus on police brutality[2] has contributed…
Continue ReadingVolume 105 Headnotes: Spring Issue
Entrenched Racial Hierarchy: Educational Inequality from the Cradle to the LSAT By Kevin Woodson Full article here. An Overlooked Dimension to OIRA Review of Tax Regulatory Actions By Kristin E. Hickman Full essay here. The Rule of Reason as a Discovery Procedure: A Response to Ramsi Woodcock’s Hidden Rules of a Modern Antitrust By Geoffrey A.…
Continue ReadingPAY NO ATTENTION TO THE MEANING BEHIND THAT TEXT—HOW A TEXTUALIST INTERPRETATION OF THE FEDERAL OFFICER REMOVAL STATUTE CREATES ABSURD RESULTS IN BP V. BALTIMORE
By Hannah Wiles, Volume 105 Staffer On January 19, 2021, the Supreme Court heard arguments in BP PLC v. Mayor and City of Baltimore,[1] one of several “climate change” lawsuits currently being brought by cities, counties, and states against the fossil fuel industry.[2] While the cases have garnered attention for their potential to impose liability…
Continue ReadingWHAT’S SO DEPRAVED? ANALYZING THIRD-DEGREE DEPRAVED-MIND MURDER IN MINNESOTA AFTER THE CHAUVIN AND NOOR TRIALS
By: Keenan Roarty, Volume 105 Staff Member Third-degree depraved-mind murder has never had so much attention in Minnesota as it does now. In two recent, high-profile police brutality cases, Derek Chauvin and Mohamed Noor were both convicted of third-degree depraved-mind murder.[1] But under the unique quirks of Minnesota precedent, there is a meaningful chance…
Continue ReadingHATE IS A VIRUS: RECENT SURGE IN ANTI-ASIAN HATE CRIMES AND THE SUFFICIENCY OF THE CURRENT HATE CRIME LAWS
By: Youngjin Jang, Volume 105 Staff Member The hateful killings of six women of Asian descent in Georgia on March 17th have left the Asian American and Pacific Islander (“AAPI”) community in fear.[1] Although discrimination against Asians has always existed throughout American history,[2] the U.S. has been witnessing a surge of harassment and violence against…
Continue ReadingWALQUIST HARMS THE POOR: REVISITING SUPERVISORY APPROVAL FOR ACCURACY PENALTIES
By: Patrick Riley Murray, Volume 105 Staff Member The Internal Revenue Service (IRS) processes more than 250 million business and individual tax returns each year.[1] The vast majority of these returns are correctly filed and end in either additional tax paid or a refund.[2] When a taxpayer files a return with incorrect information, the IRS…
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