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Abstract As Jewish Israelis, members of the Zochrot community, and people who have lost loved ones in the Hamas attack, our work insists that history did not begin on October 7, 2023. Despite Israeli authorities’ attempts to frame October 7 as an isolated incident, we recognize the decades of direct, administrative, and legal violence that culminated in this moment and refuse to examine it in a...

Abstract In May 2024, the Prosecutor of the International Criminal Court (“ICC” or “Court”) requested arrest warrants against five individuals—three Palestinians and two Israelis. These included arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant for international crimes dating back to October 7, 2023, the date of an armed attack by Palestinian...

Abstract This Comment delves into the fundamental right to familial association and integrity in the United States, tracing its historical significance and its erosion in the criminal legal system. Focusing on the Ninth Circuit’s case, United States v. Magdaleno, it scrutinizes a supervised release condition that restricts interactions with siblings, revealing a potential avenue for family...

Abstract In Professor Mari Matsuda’s article Voices of America: Accent, Antidiscrimination Law, and a Jurisprudence for the Last Reconstruction, Professor Matsuda identifies a doctrinal puzzle in the courts’ approach to accent discrimination cases: Courts recognize that accent discrimination can be a form of national origin discrimination, yet courts are overly deferential to employers’ claims...

Abstract For generations, marginalized communities have been impacted by discriminatory land use, zoning, and property valuation policies, from redlining in the 1930s to the siting of undesirable land uses that persists today. Because of these policies, marginalized communities are forced to contend with low property values, substandard infrastructure, and increased health risks. The very same...

Abstract This Article makes the empirical and legal case for redefining the concept of patent “progress” to include the promotion of a diversity of innovators and inventors, and not just innovation. Based on a survey of the empirical literature, it details four plausible mechanisms by which diverse innovators improve innovation: novelty, non-obviousness, (overcoming) conflict, and numerosity. It...

Abstract Incarceration has become the norm for those who assert their innocence. A staggering number of defendants are incarcerated prior to the adjudication of their cases—a reality that has become a central paradox of an American criminal justice system which holds axiomatic the presumption of innocence. Recent attempts to address pretrial mass incarceration through bail reform and the COVID-19...