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January 3, 2022

“Obvious Injustice” and Qualified Immunity: The Legacy of Hope v. Pelzer

By Benjamin S. Levine
In Print
January 3, 2022
2 Min read
03January

ABSTRACT Qualified immunity has captured popular attention in the wake of multiple high-profile killings of civilians by police due to its role in shielding officers and other public officials from legal accountability for constitutional rights violations if the specific conduct at issue has not previously been held unconstitutional. Since creating the doctrine in 1982, the U.S. Supreme Court has...

January 3, 2022

The Gender Panopticon: AI, Gender, and Design Justice

By Sonia K. Katyal and Jessica Y. Jung
In Print
January 3, 2022
2 Min read

ABSTRACT Using recent research from data scientists and technologists, this Article argues that we are at a contradictory moment in history regarding the intersection of gender and technology, particularly as it affects lesbian, gay, bisexual, transgender, and queer (LGBTQ+) communities. At the very same moment that we see the law embracing more and more visibility regarding gender identities and...

January 3, 2022

Stealing Education

By LaToya Baldwin Clark
In Print
January 3, 2022
2 Min read

ABSTRACT While most state constitutions include provisions that indicate a commitment to equal access to education within one state, that commitment remains unfulfilled. This Article shines a light on a practice that has been overlooked by those concerned about school district inequality, but that contributes to this incongruity: a phenomenon I call “stealing education.” A parent “steals”...

January 3, 2022

Choosing Life Over Liberty and Property: Environmental Justice in a World Ravaged by Climate Change

By Christopher Afgani
In Print
January 3, 2022
2 Min read

ABSTRACT Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to vulnerable communities within the United States...

November 12, 2021

From Academic Freedom to Cancel Culture: Silencing Black Women in the Legal Academy

By Renee Nicole Allen
In Print
November 12, 2021
2 Min read
12November

ABSTRACT In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another’s scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories were transformed into articles that...

November 12, 2021

Children as Bargaining Chips

By Clare Ryan
In Print
November 12, 2021
2 Min read

ABSTRACT The parent-child relationship is one of the most valued and protected relationships in constitutional and family law. At the same time, the state has custodial power over children: a power that is necessary in some cases to protect vulnerable children from danger, neglect, and abandonment. But because the parent-child bond is so powerful, state actors can be tempted to exploit it for...

November 12, 2021

Business Secrecy Expansion and FOIA

By Deepa Varadarajan
In Print
November 12, 2021
2 Min read

ABSTRACT Expansive trade secrecy claims (such as those regarding voting machine software and government contractor pricing) can negatively impact government transparency and democratic accountability. In one important context—Freedom of Information Act (FOIA) cases—courts have addressed these concerns by imposing constraints on the definition of “trade secrets” and “confidential” commercial...

November 12, 2021

Alaska Native Hunting and Fishing Rights in a Changing Climate: Katie John, Sturgeon, and a Path Forward

By Tom Callahan
In Print
November 12, 2021
2 Min read

Abstract Climate change creates a worldwide threat that is distributed unequally across the globe. Alaska Natives are uniquely vulnerable to climate change, both because it is impacting the Arctic more than other regions and because of the importance of traditional hunting and fishing practices to Alaska Native culture. The fact that climate change is impacting them so severely, however, is not...

May 5, 2021

Privacy Asymmetries: Access to Data in Criminal Defense Investigations

By Rebecca Wexler
In Print
May 5, 2021
2 Min read

This Article introduces the phenomenon of “privacy asymmetries,” which are privacy statutes that permit courts to order disclosures of sensitive information when requested by law enforcement but not when requested by criminal defense counsel.

May 5, 2021

National Security Lawyering in the Post-War Era: Can Law Constrain Power?

By Oona A. Hathaway
In Print
May 5, 2021
2 Min read

Do we face a rule of law crisis in U.S. national security law? The rule of law requires that people and institutions are subject and accountable to law that is fairly applied and enforced. Among other things, this requires that those bound by the law not be the judges in their own case. Does national security lawyering meet this standard? And if not, what should be done about that?