Student Note
Killer's Code - Familial DNA Searches Through Third-Party Databases under Carpenter Introduction A man terrorizes an entire state for years, raping and murdering innocent victims in the dead of night.[1] Investigators fail to find him, and he seemingly disappears for decades.[2] DNA evidence of the suspect obtained at a crime scene produces no viable leads when searched through existing government databases.[3] The killer is free and anonymous. But years after the crimes have been committed and the leads have all…
by Jesse Kitnick
Student Note
The Right to Stay - The Suspension Clause, Constitutional Avoidance, and Federal District Court Jurisdiction to Grant Stays of Removal Despite 8 U.S.C. . § 1252(G) Introduction Patrice Compere, a Haitian national, came to the United States with his family at two years old.[1] Fleeing Haiti, he and his family were allowed to remain in the United States on humanitarian parole.[2] But Mr. Compere was eventually thrust into deportation proceedings on the basis of minor drug-related offenses, and he was…
by Yael Ben Tov
Student Note
Katz in the Cradle - The Second Justice Harlan and Reasonable Expectations of Privacy in Electronic Transactional Information “Since it is the task of the law to form and project, as well as mirror and reflect, we should not, as judges, merely recite the expectations and risks without examining the desirability of saddling them upon society.”[1] Introduction On June 22, 2018, the U.S. Supreme Court in Carpenter v. United States held that the Fourth Amendment[2] requires the government to obtain…
by Zachary Silver
Student Note
This Note discusses the application of Title VII's disparate impact doctrine to employment discrimination caused by exclusive networking. It argues that courts should recognize networking as an actionable "particular employment practice" that may cause an unlawful disparate impact in hiring.
by Austin Howard
Article
Picture exhibits (figures) in PDF only.
by Sarah Burstein
Article
From Decarceration to E-carceration Each year, millions of Americans experience criminal justice surveillance through electronic ankle monitors. These devices have fundamentally altered our understanding of incarceration, punishment, and the extent of the carceral state, as they are increasingly offered as moderate penal sanctions and viable solutions to the problem of mass incarceration. They purportedly enable decarceration, albeit with enhanced surveillance in the community as the compromise. Proponents of the devices tout the public safety and cost benefits while stressing the…
by Chaz Arnett
Article
Modern Waste Law, Bankruptcy, and Residential Mortgage Around the time of the subprime mortgage collapse, lenders began in earnest to sue borrowers by adapting the traditional law of waste. Today, these claims continue to rise in frequency and to expand to more jurisdictions. Lender waste claims provide a “work around” for state mortgage laws that prohibit personal deficiency judgments after foreclosure and are potentially non-dischargeable in bankruptcy. While a recent wave of scholarship has addressed the problems of how the…
by Jill M. Fraley