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Justice Commentaries

LEGALIZING HOMOPHOBIA
January 23, 2025 EDT
LEGALIZING HOMOPHOBIA
Vienna J. Ainsworth

This Note discusses the rise of drag bans and ways that the legal system is misused to marginalize members of the LGBTQIA+ community.

TRANSFORMING THE IDEA AND IEPS FROM PIECES OF PAPER TO EFFECTIVE DOCUMENTS
December 24, 2024 EDT
TRANSFORMING THE IDEA AND IEPS FROM PIECES OF PAPER TO EFFECTIVE DOCUMENTS
Cooper D. Humpf

This student Comment reviews the historical treatment of people with disabilities, the current IEP process that disadvantages parents/guardians, and proposes an amendment to the IDEA ensuring legal representation for parents/guardians.

DISPLACING CLIMATE PRECARITY
December 24, 2024 EDT
DISPLACING CLIMATE PRECARITY
Camila BustosJulia Neusner

This Essay explores how the law identifies climate-displaced people and states’ obligations to protect them, aruging that guaranteeing substantial support for the Loss and Damage Fund is the first step.

THE HUMANITARIAN STOWAWAY
December 10, 2024 EDT
THE HUMANITARIAN STOWAWAY
Sarah F. Rogerson

This Article offers a working definition of the "humanitarian stowaway," and provides recommendations for the American government to modernize enforcement and practice of immigration laws to protect the humanitarian stowaway.

February 26, 2024 EDT
JUDGING FEDERAL DEFENSE SYSTEMS: DOES THE TYPE OF COUNSEL REPRESENTING DEFENDANTS INFLUENCE OUTCOMES IN FEDERAL DISTRICT COURT?
Richard D. HartleyKelly Roberts FreemanBryce Peterson

By linking court and sentencing data from the Federal Justice Statistics Program, this Article examines the influence of the type of counsel in federal criminal cases.

January 22, 2024 EDT
THE POTENTIAL FOR DEFAMATION LAW TO STOP HATEFUL AND FALSE ONLINE RHETORIC TOWARDS LGBTQ INDIVIDUALS
Max Sevor

The primary question this Albany Law School student note addresses is whether LGBTQ individuals targeted in social media by bad-faith accusations of grooming may seek recourse under defamation law.

THE RIGHT TO ASYLUM DURING THE COVID-19 PANDEMIC: A LEGAL REVIEW OF THE POWER TO EXPEL NONCITIZENS UNDER TITLE 42
September 17, 2023 EDT
THE RIGHT TO ASYLUM DURING THE COVID-19 PANDEMIC: A LEGAL REVIEW OF THE POWER TO EXPEL NONCITIZENS UNDER TITLE 42
Michael Maio

This Note delves into the legality, discriminatory use, and fabricated public health rationale of the Title 42 expulsion policy.

THE DANGERS OF ICE’S UNCHECKED REARREST POWER
August 16, 2023 EDT
THE DANGERS OF ICE’S UNCHECKED REARREST POWER
Talia Peleg

This article is the first to examine rearrest before an adult non-citizen has been ordered removed or potentially even found to be removable.

THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS
June 15, 2023 EDT
THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS
John Crain

This article suggests a new way to view the injury to the crime victim in a discriminatory decision not to prosecute, and a new way to redress that injury.

USE OF FORCE AND CRIMINALIZATION
May 11, 2023 EDT
USE OF FORCE AND CRIMINALIZATION
Terry Skolnik

This Article argues that the two limiting principles that justify use of force—necessity and reasonableness—should equally apply to justify criminalization

April 21, 2023 EDT
PROCESS AS SUFFERING: HOW U.S. IMMIGRATION COURT PROCESS AND CULTURE PREVENT SUBSTANTIVE JUSTICE
Christopher LevesqueKimberly HornerLinus Chan

There is a form of double punishment unique to the immigration court system. Punishment occurs during the court process during removal proceedings and from removal from the U.S.

September 02, 2022 EDT
A Deadly Combination: Violent Police Training, Racial Bias, and Lenient Courts
Elizabeth Harmon

This Note explores how law enforcement training and culture fail officers so greatly that unjustified civilian deaths are inevitable, and the fault lies with the training and culture.