Breathalyzers and Blood Tests: A Review of Birchfield v. North Dakota

Allie Carter (CMC ’19) Birchfield v. North Dakota (2016) raised the question of the constitutionality of police testing of the blood alcohol concentration of drivers. The Court focused on whether states can criminalize an individual’s refusal to submit to a blood alcohol or breathalyzer test. Ultimately, the Supreme Court came to the conclusion that, under…

AI and Legal Personhood

Blake Plante (PO ‘18) In March 2016, an artificial intelligence named Sophia—now a citizen of Saudi Arabia—was jokingly asked “do you want to destroy humans?” She responded, “Ok. I will destroy humans.” This does not mean that Sophia has an agenda to exterminate humanity; rather, it is indicative that Sophia is not aware of what…

One Person, One Vote

Dina Rosin (CMC ’20) When America’s  founding fathers declared independence from Great Britain, they wrote that “all men are created equal,” and thus, all deserved a vote. Throughout U.S. history, voter eligibility has gradually expanded. The Fourteenth Amendment to the Constitution, passed in 1868, granted equal protection of the law, which allowed for non-white men…

The Interplay Between Civil and Criminal Law in Relation to Sports Law in the United States

By: Aman Rastogi, Jindal Global Law School (India) Introduction Imagine while watching the 2017 NBA finals game between the Golden State Warriors and Cleveland Cavaliers, Kevin Durant in the middle of the game punches Lebron James. This conduct is unsportsmanlike, but how will Kevin Durant be punished? An act that is performed while participating in a…

An Undocumented Minor’s Story: When Immigration and Abortion Intersect

Allie Carter (CMC ’19) On October 25th, 2017, an undocumented pregnant minor being held under federal custody finally received the controversial abortion she had been approved for a month prior, thanks to a federal appeals court decision. Lawyers and advocates for the undocumented minor have argued that federal officials took extreme measures to hinder her…

A Right to Privacy for India’s 1.3 Billion Citizens

Allie Carter (CMC ’19) India’s Supreme Court asserted privacy as a basic right in August of 2017, formally joining the United States, Canada, South Africa, the European Union, and the United Kingdom in doing so. While privacy as a right does not have an explicit definition, it has generally initially applied to data protection and…