40 Years of Superseding Due Process and Trial: Preventive Detention in India-Administered Kashmir

By: Manisha Bhau (National Law University Delhi ’21) Guest Contributor Introduction: Preventive detention simply refers to the detention of a person without trial. It is based solely on the suspicion of the executive, as distinguished from punitive detention which is based on a judicial process and trial. It was through colonial hands that preventive detention…

Xenophobia: An American tradition amidst the coronavirus

By Aditya Bhalla (PO ’23) Over the last few months, the coronavirus pandemic has caused a marked increase in racially motivated attacks and xenophobic sentiment, particularly towards the Asian-American community. As early as January, when the threat of the virus began to seep into media outlets around the world, anti-Asian rhetoric began filtering into the…

Why the “Gay Panic Defense” is Discriminatory

Kelsey Braford (PO ’22) Many people are unaware of the existence of a discriminatory legal strategy dubbed the “gay panic defense.” Uncommon and widely criticized, it is a tactic that asks “a jury to find that a victim’s sexual orientation or gender identity/expression is to blame for a defendant’s violent reaction,” according to the LGBT…

Does the Civil Rights Act of 1964 protect from discrimination based on sexual orientation?

Conducted by Rafael Santa Maria (PO ’20) It may come as a surprise to advocates and allies of the LGBTQ+ community that this question has not been resolved yet. Despite the considerable progress made in the continuing battle for equality over the last few decades, it seems hard to believe that sexual orientation remains unrecognized…

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

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.…

Understanding Julian Assange’s Legal Battles Ahead

By Kimberly Tuttle (CMC’19) Many debates surrounding the legality of Julian Assange’s controversial organization, WikiLeaks, resurfaced this week in light of Assange’s recent release from the Ecuadorian Embassy in London, where he has lived under diplomatic protection since 2012. In particular, news regarding the U.S. government’s indictment of Assange have concerned the American public. The…