Treat Thy Neighbor as Thyself? Equal Protection and the Scope of RLUIPA’s Equal Terms Clause

Can municipalities use the zoning power to prevent racial or
religious minorities from moving in? Not expressly. In 1917, almost a
decade before the dawn of modern “Euclidean” zoning—and several
decades before Brown v. Board of Education abolished “separate but
equal”—the Supreme Court decided that racially segregated zoning,
then common, was unconstitutional. But municipalities have other
ways to exclude minorities via the zoning power.

Amplified Speech

This Article introduces the concept of amplification into First Amendment law. Amplification, or the size of the audience reached by speech, lies at the heart of many contemporary free speech struggles. Yet the concept is surprisingly absent as a category of analysis from constitutional doctrine and virtually undiscussed in legal scholarship. Amplification deserves its own set of legal rules and doctrines, because the right to amplify one’s speech serves the two core types of First Amendment interests—those of audiences and those of speakers—differently than the right to choose the content of one’s speech.

Racial Recognition

Every human is unique. We all look, sound, and walk differently
from one another. These unique physiological and behavioral
characteristics could be translated into biometric identifiers. With
developments in the intersection between biometric identification and
Artificial Intelligence (AI), algorithms are now capable of measuring
and analyzing unique human characteristics, such as fingerprints, palm
prints, irises, faces, voices, gaits and gestures, typing patterns, and
handwriting, for verification and identification purposes. With the rise
in computational capabilities, such recognition technology is
increasingly used by interested parties to combat terrorism,
authenticate flight passengers or identify undocumented migrants at
airports, or by the market for various consumer-related purposes, like
increasing security or simply making products and services more
accessible or enjoyable.

The "Right To Control" Theory of Fraud: When Deception Without Harm Becomes a Crime

It is supposed to be well established that mere deceit is insufficient to convict someone of fraud and that there must also be proof the defendant intended to cause harm to a victim’s “money or property.” Yet, for many decades, federal prosecutors have persisted in pushing expansive theories of criminality to encompass all forms of deceptive behavior, even where the defendants intended no pecuniary harm. The so-called “right to control” theory of fraud is arguably the most extreme (and successful) of these theories.

The Article III Publication Power and the Foreign Intelligence Surveillance Court

The Framers vested “the judicial Power of the United States” in independent courts so that they may protect individual liberty and serve as a check on the legislative and executive branches. The judicial power, however, is narrow and not self-executing. As Chief Justice Marshall put it, it is merely the power “to say what the law is.” Federal courts cannot raise armies or pay money to enforce their decrees. Having neither force nor will, courts must instead rely on cultivating public support to secure the authoritative legitimacy necessary to effectuate their judgments.

Two Steps Forward, One Step Back: How New York’s Bail Reform Saga Tiptoes Around Addressing Economic Inequality

“In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” Writing for the Supreme Court majority in the 1987 case United States v. Salerno, Chief Justice Rehnquist conjured up this utopia; however, the reality in the United States has become quite the opposite. Federal and state jail and prison populations have skyrocketed since the 1970s.

Employers’ Secret Weapon: How the After-Acquired Evidence Doctrine Allows Employers to Get Away with Disability Discrimination

On July 26, 1990, at the signing of the Americans with Disabilities Act (ADA), President George H.W. Bush hailed the landmark legislation as a “declaration of independence” for people with disabilities. However, in the thirty years that have followed the bill’s passage, researchers, activists, and scholars alike have questioned whether the ADA has succeeded in its broad aspirations, particularly in the provisions aimed at improving employment opportunities for individuals with disabilities.

A Clarified Standard? A Case Note on Monasky v. Taglieri

In an increasingly globalized world, the rate of international marriages continues to rise. Unfortunately, wedded bliss often gives way to separation and divorce. And with the ending of a relationship comes myriad problems. When children are involved in the disintegration of the relationship, custody over the children can be a complicated issue—particularly when there is an international component to the relationship.