This Comment explains how President Trump’s changes to immigration enforcement and attempt to rescind DACA have affected undocumented students, and proposes that the student-university relationship both legally permits and morally obligates postsecondary institutions to adopt policies that protect and insulate undocumented students from the harmful effects of these changing policies.
Due Process, State Taxation of Trusts and the Myth of the Powerless Beneficiary: A Response to Bridget Crawford and Michelle Simon
This piece takes issue with Bridget Crawford and Michelle Simon’s argument in their article about the recent Supreme Court case North Carolina Department of Revenue v. Kaestner Family Trust (argued May 16, 2019) (The Supreme Court, Due Process and State Income Taxation of Trusts (67 UCLA L. Rev. Disc. 2 (2019)).
Trump's Dangerous Judicial Legacy
Combining the statistical data on the rapidly shifting demography of the federal judiciary under President Trump with insights from the scholarly literature on theories of procedural justice and representative bureaucracy, which posit that the diversity of judges matters to citizens’ perceptions of justice as well as to judicial accountability to minority citizens’ interests, this paper suggests...
The School Civil Rights Vacuum
This Article argues that courts unjustifiably limit public school liability under both the Fourteenth Amendment and Title IX for student physical, verbal, and sexual harassment and abuse.
Substance, Procedure, and the Rules Enabling Act
This Article articulates an understanding of the Rules Enabling Act that will equip the Supreme Court with the ability to judge a rule’s validity—and give the rulemakers much clearer guidance regarding the outer boundaries of their remit.
Substance, Procedure, and the Rules Enabling Act
This Article articulates an understanding of the Rules Enabling Act that will equip the Supreme Court with the ability to judge a rule’s validity—and give the rulemakers much clearer guidance regarding the outer boundaries of their remit.
Second Thoughts on “One Last Chance”?
This Article explores the implications of the Supreme Court’s recent decision in Janus in light of the Court’s apparent adherence to “the doctrine of one last chance,” which requires the Court to give advance notice of its willingness to issue disruptive decisions.
Biometric Passwords and the Fifth Amendment: How Technology Has Outgrown the Right to Be Free From Self-Incrimination
An individual cannot “plead the Fifth” if asked to unlock a smartphone using a physical feature. On the other hand, an individual who possesses the same smartphone, but uses a nonbiometric password, can successfully “plead the Fifth” and refuse to disclose the password. This Comment explores this legal issue and sets forth a proposal on how courts can extend the Fifth Amendment privilege against...