CategoryConstitutional Law

Crumbling Carceral Care: An Analysis of California’s Prisoner Healthcare System

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by Grayson Shaw (PO ’25) “One of the main reasons I filed the lawsuit was to try to save my life… It was really horrible being sick, and the only access to water I had was poison” This testimony from Lamar Singleton, along with 18 independent lawsuits from former inmates, illustrates the reality of the Kern Valley State Prison in Delano, California. Prisoners were reportedly forced to...

An Examination of U.S. Laws and Policies that Facilitate Gender Discrimination

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Despite the United States making efforts for the past half a century to combat gender discrimination, sex-based prejudice still runs rampant in American society. The government and its courts have disseminated a sex-based slant on rights and freedoms that in reality, protect men far more than women. This bias has resulted in the federal government allowing various forms of gender discrimination...

The Contradictory Legal Basis of President Trump’s Fight at the Southern Border

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By Lauren Rodriguez (PO’22) The U.S.-Mexico border is one of the hottest topics, yet perhaps one of the least understood, of today’s political discussion. Most Americans have heard by now that if the border is to be closed, we’re at risk of running out of avocados. But perhaps more pressingly, what are the constitutional implications of closing the border? And is it an example of illegal...

Have You Any Decency? Bucklew v. Precythe and the Future of the Eighth Amendment

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By Alex Simard (PO’22) Content Warning: This article, as it centers on the death penalty and a man condemned to it, contains depictions of gun violence, murder, and domestic and sexual violence, including rape. It also contains graphic depictions of petitioner’s medical condition and brief depictions of 17th- and 18th-century modes of punishment, including torture. In 1944, Albert Trop, a...

Exposure of Cruel and Unusual Punishment in Alabama Seeks to Improve Prison Conditions

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By Musa Kamara (PO’22) The Eighth Amendment of the U.S. Constitution conveys three major provisions, one of which is perhaps one of the most recognizable constitutional tenets in popular culture. The Amendment guarantees protection from excessive bail, protection from fines, and – most notably– protection from cruel and unusual punishment. The idea of cruel and unusual punishment...

The Constitutional Debate Surrounding @realDonaldTrump

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By Musa Kamara (PO’22) Before, during, and most likely after his tenure as President of the United States, Donald Trump has not hesitated and will not hesitate to make his opinions known, via his personal Twitter account @realDonaldTrump. Trump’s usage of Twitter as a president is not unusual: President Barack Obama notably utilized Twitter as a key component of his campaign strategy and as...

Rap Lyrics and the Evolution of First Amendment Protections

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By Rafael Santa Maria (PO ’20) Most petitions to the Supreme Court never receive a writ of certiorari, and thus are never adjudicated by the nation’s highest legal authority. With thousands of cases to consider, the Court must exercise extreme selectivity. However, when a petition is backed by amicus briefs from critically-acclaimed rappers and think tanks alike, the Court may just take notice...

“Actual Malice”: Examining Libel in American Law

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By Musa Kamara (PO’22) On February 19, the Supreme Court refused to hear a defamation suit filed by Kathy McKee, an actress active in the 1970s who appeared in The Bill Cosby Show, Saturday Night Live, and Sanford and Son. The suit McKee filed was particularly notable in that it was filed against Bill Cosby, a prominent public figure of the last fifty years who was convicted of numerous sex...

Considering Oblivion: An American Child’s “Right to be Forgotten”

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By Alex Simard (PO’22) Scroll down any parent’s social media and you’ll find countless images of their children. A recent piece in the Atlantic notes that social media has become the new family album. But unlike the albums of past, stored away in garages or attics, the modern album is profoundly public. What will happen when an incredulous child discovers their parent’s social media feed...

Philippines or Maharlika? The Legal Implementation and Implications of Changing a Country’s Name

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By Rafael Santa Maria (PO ’20) Rodrigo Duterte, the current President of the Philippines, regularly garners controversy for his profane speech and uncompromising policies. From instigating a violent war on drugs to spurning the U.S. in favor of closer diplomatic ties with China, Duterte challenges the legal and political status quo of the Philippines with questionable justifications and a gung-ho...

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