blj: A Pathfinder

This is a computer-generated pathfinder created against the Distant Reader study called blj.

Each Distant Reader study carrel is composed of many individual items. Each item is bibliographically described with author, title, date, summary, and keyword values. Below is a list of the items' most signficant keywords as well as lists of the items themselves. Purpusing the content of this pathfinder provides the student, researcher, or scholar with one way to get their heads around the scope of the carrel. The keywords include:

Brandeis; Court; States; Justice; Act; United; Right; Congress; Rights; U.s; Case; Prison; Women; State; Privacy; Johnson; Censorship; Judge; Discussion; Board

Depending on how this pathfinder was created, many of the bibliographic sections will include elaborations on the meaning(s) of the given keywords. These elaborations were generated by feeding the items' summaries to a large langauge model and asking the model to address the question, "What is X?", where "X" is the keyword. The result will be a few sentences of elaboration. Be forewarned. The elaborations are often plausible, but they should not be take as truth. Instead, they should be taken as points for consideration.

• The Israeli-Hamas War: The Legality of Israel’s Invasion of Gaza Under International Law by Gottlieb, Koby (2024) - This excludes any attempt to evaluate Israeli conduct under international legal 5 Israel pummels Gaza with strikes as it expands ground operations, France 24, Oct. 27, 2023, https://www.france24.com/en/live-news/20231027-israel-pummels-gaza-wit h-strikes-as-it-expands-ground-operations; ARTHUR VAN COLLER, Israel-Hamas 2024 Symposium - Qassam Rockets, Weapon Reviews, and Collective Terror as a Targeting Strategy, (2024), https://lieber.westpoint.edu/qassam-rockets-weapon-reviews-collective-terro r-targeting-strategy/. 4 Police say they’ve identified 859 civilian victims from October 7 massacre, up 16, The Times of Israel, Nov. 14, 2023, https://www.timesofisrael.com/liveblog_entry/police-say-theyve-identified- 859-civilian-victims-from-october-7-massacre-up-16/. 10 Brandeis University Law Journal 2023-2024, Volume 11 principles, since any such inquiry would require an in-depth knowledge of classified information.6 III. 36 Case Concerning the Frontier Dispute, ICJ 21–22 (1986), https://www.icj-cij.org/sites/default/files/case-related/69/069-19861222-JU D-01-00-EN.pdf. 17 Brandeis University Law Journal 2023-2024, Volume 11 V. Palestine and the Montevideo Criteria There are two paths set out in international law—as previously explained—that Israel could use to justify its invasion of Gaza. Keywords: brandeis; defense; gaza; hamas; international; israel; journal; law; palestinian; resolution; self; state; university
• Coverture: For the Benefit of All Man[kind] by Kiarsis, Audrey (2024) - 189 Id. 188 Id. 56 Brandeis University Law Journal 2023-2024, Volume 11 women’s rights advocate, offer themselves up as an ideal companion to those of Judith Sargent Murray.191 In an 1837 letter addressed to her sister entitled “Legal Disabilities of Women,” Grimké laments and systematically proposes solutions to the numerous laws that existed solely to restrict the rights and legal identities of women.192 The opening lines of this letter echo the sentiments expressed hitherto, There are few things which present greater obstacles to the improvement and elevation of woman to her appropriate sphere of usefulness and duty, than the laws which have been enacted to destroy her independence, and crush her individuality; laws which, although they are framed for her government, she has had no voice in establishing, and which rob her of some of her essential rights.193 Like Murray, Grimké asserts that the distinct lack of equality between women and men is a direct result of laws that have limited the independence and identity of the former.194 That is to say women, given the proper chance through education, are perfectly capable of the self-improvement proposed by Grimké.195 Murray and Grimké wholeheartedly believe women to possess capabilities equal to those of men, though both agree that their sex has been unjustly hindered in this pursuit by the laws and restrictions imposed by the latter. John Stuart Mill, widely considered to be the greatest English-language philosopher of the 19th century,146 wrote on this very subject.147 He, like many during the 18th and 19th centuries, wholeheartedly believed that women belonged in a place of total subjugation and dependence upon men.148 This is especially evident in his 1870 pamphlet entitled The Subjection of Women, where he writes: It had been decided, on the testimony of experience, that the mode in which women are wholly under the rule of men, having no share at all in public concerns, and each in private being under the legal obligation of obedience to the man with whom she has associated her destiny, was the arrangement most conducive to the happiness and well being of both.149 Mill asserts that the state most conducive to the satisfaction of men and women alike is the latter’s complete dependence upon, and allegiance to, the former. Keywords: brandeis; coverture; journal; law; murray; university; women
• A Proposal to Reform the Practice of Solitary Confinement by Minkin, Kaia (2024) - https://www.aclu.org/news/prisoners-rights/i-spent-16-months-solitary-confi nement-and-now-im 303 Dr. Hernàn Reyes, The Worst Scars Are in the Mind: Psychological Torture, 89 Int’l Rev. Red Cross 591, 607 (2007) 88 Brandeis University Law Journal 2023-2024, Volume 11 administration.307 If prison administration guidelines upheld this exclusivity and supermax facilities were restricted to only the most predatory, solitary confinement cells would stand virtually empty.308 Nationwide data documenting the use of solitary confinement in prisons in the U.S. estimates that as of July 2021, 48,000 individuals are confined in their cells for at least twenty two hours a day for a minimum of fifteen days.309 While this statistic has decreased from the 100,000 individuals housed in solitary confinement in 2014, the population of inmates confined in restricted housing among the two million individuals in state and federal prisons is massively unbalanced.310 A 2003 report based on data from state prisons throughout the U.S. by Human Rights Watch found one-third to one-half of inmates in solitary confinement cells to be mentally ill.311 Cognitively impaired and mentally ill individuals who struggle to comprehend and abide by strict prison regulations without treatment garner reputations as troublesome inmates, and are cast aside in solitary confinement cells.312 Intensified security measures entail being fed through a slot in a door, denial of physical or social contact, and a lack of access to medical services afforded to inmates within the greater prison population.325 The only available therapy for individuals in solitary confinement cells consists of conversations through a steel door, surrounded by other prisoners and officers.326 The inability to receive intimate and personal therapy in solitary confinement makes the available treatment largely ineffective. Keywords: brandeis; brandeis university; confinement; health; individuals; inmates; isolation; journal; law; law journal; note; prison; psychological; solitary; supra; supra note; university; university law; use; volume
• The Psychedelic Surge and its Threats to Native American Communities by Karoll, Leora (2024) - Even more pressing is the threat of biopiracy, the act of taking knowledge and genetic resources from Indigenous communities without consent or compensation.624 Companies and individuals have historically used United States patent law to gain the sole right to produce and distribute medical plants that have long been part of the Traditional Knowledge of Indigenous people. 625 Brian S. Barnett, Sloane E. Parker, and Jeremy Weleff, “United States National Institutes of Health Grant Funding for Psychedelic-Assisted Therapy Clinical Trials from 2006–2020,” International Journal of Drug Policy 99 (January 2022): 103473, https://pubmed.ncbi.nlm.nih.gov/34624734/. 169 Brandeis University Law Journal 2023-2024, Volume 11 received a federal grant of nearly $4 million to research the impacts of psilocybin630 on tobacco addiction in 2021.631 A breakthrough study by Johns Hopkins (2022) found that psilocybin relieved symptoms of major depressive disorder for up to a month in adults, and a follow-up study proved that benefits lasted up to a year for some participants.632 In 2010, the Journal of Psychopharmacology found that 83 percent of formerly treatment-resistant patients who underwent two MDMA treatments were cured of PTSD.633 A long-term follow-up study found the positive results to be stable for 3.5 years.634 In response to the promising results of these studies, the United States Congress unanimously passed an amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Bill in 2023 to encourage the United States Department of Veterans Affairs to utilize federal funding for research of psychedelic therapies to help treat veterans suffering from PTSD.635 A growing proportion of Americans report using psychedelic drugs, and 53 percent of users say they used it therapeutically.636 Fifty-six percent of United States voters also express support for federal regulators to approve the use of psychedelics for prescription use, 636 Ho, “Voters Support Therapeutic Use.” 635 Congressman Correa “Applaud House-Passing Amendment.” 634 Krediet et al., “Psychedelics Treatment of PTSD,” 385–400. Keywords: american; brandeis; health; indian; journal; knowledge; law; patent; peyote; plant; psychedelics; resources; states; united; united states; university; volume
• The Canary in the West Virginia Coal Mine: How the Major Questions Doctrine Led to the Demise Of Chevron by Block, Daniel (2025) - Unlike the federalism canon, the Court has been unable to articulate a workable version of the nondelegation doctrine that demarcates when statutory ambiguity meant to be resolved by the Executive becomes a prohibited delegation of legislative power.107 Justice Gorsuch’s theory purports to resolve this dilemma by asserting that any statutory ambiguity that results in a “major” policy is either an unconstitutional expression of agency powers (MQD) or an “unconstitutional delegation of legislative authority” (nondelegation).108 For the Justice, this means that, unless the matter is wholly mundane or otherwise interstitial, Congress cannot even expressly and specifically delegate decision-making authority to an administrative agency.109 10 Brandeis University Law Journal 2024-2025, Volume 12 intervened and petitioned the Supreme Court to grant certiorari.16 Writing for a unanimous Supreme Court against NRDC, Justice Stevens determined that, because Congress did not articulate a clear meaning of the term “stationary source,” and because the EPA’s bubble rule was not “arbitrary, capricious, or manifestly contrary to the statute,” the Court should defer to the reasoned rulemaking of the EPA.17 Justice Stevens’ opinion established a two-prong test that would become known as the Chevron Doctrine. Keywords: agency; brandeis; chevron; congress; court; epa; journal; justice; law; law journal; mqd; supra note; university; university law
• Second to One: Walking in the Shoes of a Giant by Levy, Noah (2025) - Volume 12 Brandeis University Law Journal 2024-2025, Volume 12 Second to One: Walking in the Shoes of a Giant Noah Levy1 This book review of John Adams by David McCullough situates the reader in President Adams’ tumultuous position during the American Revolution. 1 Brandeis University, Class of 2025, Brandeis University Law Journal, Editor-in-Chief. 40 https://www.zotero.org/google-docs/?broken=kmU3L0 Brandeis University Law Journal 2024-2025, Volume 12 The Man John Adams faced a far more arduous decision than many of his countrymen. Keywords: brandeis; government; journal; law; university
• Ambiguities Embedded in the Systems of Interstate Compacts by Miller, Zachary (2025) - (“Because interstate compacts are construed under contract law principles… the Court begins by examining the Compact's express terms as the best indication of the parties' intent.”) No doubt that is the very reason why the Constitution requires congressional ratification of state compacts. Keywords: brandeis; compact; congress; consent; contract; court; federal; government; interstate; law; law journal; new; new jersey; new york; note; states; supra; supreme court; university law; v. new; virginia v.
• Frontmatter by Manager, Brandeis University Law Journal (2023) - ……………… 29 Voting While in Mass Incarceration, Rebecka Sokoloff. …..…………………………………..…….... 34 Opinions……………………………………………………...………………………………………...42 Options for the Biden Administration to Prevent Iran from Developing a Nuclear Weapon, Kevin A. Mani ………………………………………………………………………………… 43 Reining in the Imperial Presidency: The Case for a Weak Executive, Julian Flesch……...…..56 5 Mission Statement The Brandeis University Law Journal aims to provide Brandeis University with the opportunity to contribute to discussions of law and law-related topics with the publication of undergraduate scholarship. 13 Updating Our Rights With The Internet: Arguing the Necessity of a Fundamental Right to Internet Access, Josh Rotenberg, ………………………………………………………………………………. Keywords: brandeis; journal; law; publication; university
• Frontmatter by Manager, Brandeis University Law Journal (2022) - Sincerely, Sophia Reiss Editor-in-Chief 3 https://brandeislawjournal.wordpress.com/ Brandeis University Law Journal Spring 2022, Volume 9, Issue 2 Brandeis University Law Journal VOLUME 9 SPRING 2022 ISSUE/NO. 2 Copyright 2022 Brandeis University Law Journal Editor-in-Chief Sophia Reiss Copy Chief Communications Lauren Davis Gianna Bruno Publisher and Treasurer Josh Rotenberg Faculty Advisor Faculty Advisor Professor Rosalind Kabrhel Please send any questions, submissions, or inquires to deislawjournal@gmail.com and visit our website at https://brandeislawjournal.wordpress.com 2 mailto:deislawjournal@gmail.com https://brandeislawjournal.wordpress.com Brandeis University Law Journal Spring 2022, Volume 9, Issue 2 Editor-in-Chief’s Letter Dear Reader, The Brandeis University Law Journal is proud to present our most recent issue delving into legal developments. Keywords: brandeis; journal; law
• Frontmatter by Manager, Brandeis Law Journal (2015) - This year is particularly important to the Brandeis community, it is the centennial anniversary of the university's namesake, Louis D. Brandeis, on his appointment to the Supreme Court of the United States. The Journal welcomes pieces, preferably formatted according to the Bluebook: A Uniform System of Citation, that are written by the undergraduates, graduates, faculty, staff, and alumni of Brandeis University; contact brandeisuniversitylawjournal@gmail.com for submissions, subscription information, and to notify the Editor-in-Chief of any typographical or other oversights in this print. Keywords: brandeis; editor; journal
• Analysing the Birth of "The Right to Privacy" and the Process Behind its Legal Justification by Rao, G. Amogha (2015) - The authors trace the origins of the abovementioned rights and laws as a form of evidence to demonstrate that the right to privacy is, in fact, the logical extension of an already established and accepted trend that is unique to the common law, growing to meet the needs of an ever-changing society. These remedies were formalised to give birth to the ideas of right to life and trespass that on extrapolation, gives way to the right to property. Keywords: authors; brandeis; law; privacy; property; right; warren
• The Brandeis Déjà vu: Looking at the Then and Now of Media Privacy by Paik, Eric (2023) - The portion of our concern is the court recognition of privacy rights in instances where intentionally private acts take place in public settings, and the contrary denial of privacy protection in situations where public disclosure of information is made in an expectedly private space.30 So going back to Facebook, are we to understand the general utilization of social media 25 Lisa M. Austin, “Enough About Me: Why Privacy Is About Power, Not Consent (or Harm),” in A World Without Privacy: What Law Can and Should Do?, ed. In other words, Louis D. Brandeis and Samuel D. Warren had addressed the serious issue of emotional damage in the case of unauthorized and undesired circulation of unpublished information, one that slipped past the protection of property and against defamation, and together philosophized the legal category of privacy tort in reaction. Keywords: brandeis; facebook; information; law; media; privacy; right; tort; warren
• Frontmatter by Management, Brandeis Law Journal (2021) - Sincerely, Sophia Reiss Editor-in-Chief 2 https://brandeislawjournal.wordpress.com/ Brandeis University Law Journal Fall 2021, Volume 9, Issue 1 Brandeis University Law Journal VOLUME 9 FALL 202 ISSUE/NO. 1 Copyright 2021 Brandeis University Law Journal Editor-in-Chief Sophia Reiss Copy Chief Communications Lauren Davis Gianna Bruno Publisher and Treasurer Josh Rotenberg Faculty Advisor Professor Rosalind Kabrel Faculty Advisor Professor Daniel Breen Senior Editors: Sarah Baum, Gianna Bruno, Lauren Davis, Josh Hopen, Sophia Reiss, Josh Rotenberg, Sofia Siegel, Claire Sterin, Oona Wood Junior Editors: Grace Ahlin, James Barno, Daniel Block, Maggie DiPierdomenico, Manny Glinksy, Lilah Goldberg, Gabby Grunfeld, Elijah Herenstein, Alex Li, Carol Lu, Kevin Mani, Samara Miller, Noah Risley, Anthony Ruiz, Olivia Sinkoff, Rebecka Sokoloff, Allison Weiner, Karina Wolinetz, Jeff Yu 3 Brandeis University Law Journal Fall 2021, Volume 9, Issue 1 TABLE OF CONTENTS Application of European Model to Curtail Hate Speech in the U.S., Sophia Reiss…………………………...….…………………………………….… 5 On America’s Inexplicit Dignity, Josh Rotenberg …………………….…………………………………………………. ……...... 16 The Right to Privacy: The Need For an Ever-Evolving Legal Movement, Gianna Bruno…………………………………………………………....….… 25 The Discreet Uniter, Gonny Nir ……………………………………..…....….. 33 7,341 Incidents and Counting: Analyzing the Evolution of American Hate Crime Legislation and How it Varies by State, Jessica Daniel……………........………..........................…………………...… 45 Gender, Crime, and the Disparities in the Criminal Justice System, Alyssa Fu………………………………………………….………..……...….. 67 An Exploration of Justice in the Context of Ethical Guidelines, Emily Bar-Mashiah………………………......…..……………...….…....…… 80 4 Keywords: brandeis; journal; law; university
• The Right to Privacy: The Need For an Ever-Evolving Legal Movement by Bruno, Gianna (2021) - Louis Brandeis and his law partner, Samuel Warren, set the groundwork for improving privacy laws, especially concerning privacy from the media, but nearly a century later and in the new age of (social) media, those ideas are not being applied in the same way as they were during Brandeis’ lifetime.30 The Right to Privacy legal movement should be re-evaluated in light of social media and the use of exposés which cultivate cancel culture. Since privacy laws continue to fall behind the new technology, private messages are being shared without permission which is harmful because, as seen on YouTube, it is being used for the exploitation of people for exposés. Keywords: brandeis; culture; law; messages; privacy; right
• What Makes a Sound Supreme Court Justice? by Nir, Gonny (2022) - 89 Schwartz, Supreme Court Superstars: The Ten Greatest Justices, 144. 88 Breyer, Supreme Court Justice Stephen Breyer and Noah Feldman, 2015, 1:17:49. Circuit Judge Montgomery N. Kosma developed a method derived from economic theory to measure the influence of a Supreme Court justice by counting the number of citations to a justice’s opinion found in lower court opinions.118 Kosma 118 Kosma,Measuring the Influence of Supreme Court Justices, 1998, 333-372. 117 Ibid. Keywords: american; brandeis; court; gorsuch; influence; issue; journal; judge; judiciary; justice; law; spring; supreme court; university; volume
• Op-Ed: A Country of Immigrants, but not in Their Favor by Davis, Lauren (2023) - This is of greater concern for less common languages or instances where an individual’s native language is creole,98 but since there is no common metric or certification of translation abilities, it is difficult for representatives and asylum officers to assess the accuracy of the translation. Asylum officers understandably take translators at their word, assuming that they repeat close to exactly what the applicant Keywords: asylum; brandeis; immigration; interview; issue; journal; law; university; volume
• Restricting Freedom of Speech: An Analysis of Censorship Cases in Relation to Misinformation during the COVID-19 Crisis by Jain, Anika (2023) - Through the analysis of four Supreme Court cases regarding the right to free speech — Schenck v. US (1919), New York Times Co. v. US (1971), Missouri v. Biden (2022), and Moody v. NetChoice, LLC (2022) — this paper serves to analyze whether censorship is ever necessary to uphold trust in institutions, or if censorship is antithetical to trust in government, with a special focus on the spread of COVID-related misinformation. The Evolution of Supreme Court Rulings Regarding Freedom of the Press New York Times Co. v. US (1971) New York Times Co. v. US (1971) is another landmark Supreme Court case that interprets free speech, with specific focus on the freedom of the press.221 The Nixon administration sued The New York Times when the government discovered they were planning to publish the leaked document, “Report of 221 New York Times Company v. United States. Keywords: brandeis; censorship; court; law; media; misinformation; speech; university
• The Halachic Mandate for Gender Affirming Care: Examining the Potential Efficacy of Religious Liberty Claims made by Jewish Health Care Providers by Block, Daniel (2023) - The existence of a secular exemption for individual doctors providing care to children with “medically verifiable conditions” parallels the exemptions ruled unconstitutional in Supreme Court religious liberty cases. History of Religious Liberty Throughout the first one hundred seventy-eight years of the Supreme Court’s existence, the Court refused to rule in favor of claimants petitioning against religiously inhibitory statutes.231 The Court reasoned that making a citizen’s “...religious beliefs superior to the law of the land…” would free individuals to establish their own law, erasing the need for government.232 Over time, however, the Court whittled away at its historic, and often discriminatory, approach to religious liberty in order to provide accommodations for certain religious minorities and establish the framework for the contemporary debate over religious exemption in the Constitution.233 The Court first granted a constitutional right to religious exemptions from otherwise generally applicable laws in Sherbert v. Verner (1963). Keywords: act; brandeis; care; code; court; exercise; gender; issue; journal; law; state; title; u.s; university; volume
• Frontmatter by Manager, Brandeis Law Journal (2023) - Professor Daniel Breen Senior Editors: Grace Ahlin, Daniel Block, Gianna Bruno, Lauren Davis, Julia Fair, Peyton Gillespie, Emanuel “Manny” Glinsky, Lilah Goldberg, Gabby Grunfeld, Elijah Herenstein, Josh Hopen, Lauren Lederer, Samara Miller, Gonny Nir, Sophia Reiss, Noah Risley, Veronica Rojas, Josh Rotenberg, Sofia Siegel, Rebecka Sokoloff, Claire Sterin, Oona Wood Junior Editors: Maria Antonio, Athena Bai, Osvaldo Carnalla, Tyler Carruth, Alex Diamond, Alyssa Golden, Eamonn Golden, Kiah Holmstrom, Prateek Kanmadikar, Ella Majeski, Saul Munn, Ellen Pehlivanian, Naomi Stephens, Tavorr Vaxman-Magid, John Wang, Paul Weir 3 Brandeis University Law Journal Fall 2022, Volume 10, Issue 1 TABLE OF CONTENTS Editor-in-Chief’s Letter ……...…..….…………………...……5 Necessities to Life: The Fundamental Rights to Clean Water and Clean Air, Sophia Reiss…………….……………..……...6 What Would Happen If…?, Gianna Bruno……………………...………………………...24 Op-ed: A Country of Immigrants, but not in Their Favor, Lauren Davis………………………………………………...35 “The Family Separation Crisis That No One Knows About” How Our Flawed Legal and Prison Systems Work to Keep Incarcerated Parents from Their Children, Jenna Blocher ......53 How has Covid Impacted the Call for Reform of the Criminal Justice System?, Olivia Sinkoff…………………..……….…73 Qui Tam: An Ingenious Bulwark Against Fraud, Tavorr Vaxman-Magid…………………………..…………..86 Restricting Freedom of Speech: An Analysis of Censorship Cases in Relation to Misinformation during the COVID-19 Crisis, Anika Jain………………………………………….101 The Halachic Mandate for Gender Affirming Care: Examining the Potential Efficacy of Religious Liberty Claims made by Jewish Health Care Providers, Daniel Block ...…………….116 4 Brandeis University Law Journal Fall 2022, Volume 10, Issue 1 Editor-in-Chief’s Letter Dear Reader, The Brandeis University Law Journal is proud to present our most recent issue delving into legal developments. Copyright 2022 Brandeis University Law Journal Editor-in-Chief Sophia Reiss Copy Chief Communications Lauren Davis Gianna Bruno Publisher and Treasurer Josh Rotenberg Layout Editor Content Editor Emanuel “Manny” Glinsky Gonny Nir Secretary Noah Risley Faculty Advisor Faculty Advisor Professor Rosalind Kabrhel Keywords: brandeis; journal; law; university
• The Russia-Ukraine Conflict: Obstacles to Accountability by Weiner, Allison (2023) - When evaluating the known reasons for why Russia has violated international law in such egregious ways, there are three primary factors to assess regarding why an international actor abides by a given rule or acts in accordance with an organization: (1) they fear the punishment of the enforcers, (2) the actor views the rule or mandate as within their own self-interest, or (3) the actor feels as though the rule or mandate is legitimate and ought to be obeyed.152 Conversely, each one of these can be inverted to signify reasons as to why a given rule or organization is not obeyed by international actors. With protections for wounded combatants, prisoners of war, and civilians caught in the crossfire of international conflict, The Conventions codify several guidelines on the treatment of human beings during war time. Keywords: brandeis; court; icc; issue; journal; law; russian; spring; ukraine; university; volume; war
• Regulation: Realities and Possibilities by Reiss, Sophia (2023) - 300 “Red Lion Broadcasting Co., Inc. v. FCC, 395 U.S. 367 (1969).” 299 “Red Lion Broadcasting Co., Inc. v. FCC, 395 U.S. 367 (1969).” 103 Brandeis University Law Journal Spring 2023, Volume 10, Issue 2 B. Section 230 – Current Regulation The next section of this paper centers on Section 230. Section 230 consists of six sections.318 Section 230 starts with Congress’ findings and the legislators framing of the context 318 “47 U.S. Code § 230 - Protection for Private Blocking and Screening of Offensive Material.” 317 “Section 230.” 316 “Section 230.” 315 “Section 230.” 106 Brandeis University Law Journal Spring 2023, Volume 10, Issue 2 which inspired the law’s creation.319 Congress explained the need for Section 230 as arising out of “[t]he rapidly developing array of Internet and other interactive computer services” which “represent an extraordinary advance in the availability of educational and informational resources to our citizens. Keywords: act; brandeis; companies; content; data; digital; doctrine; fairness; issue; journal; law; online; protection; public; regulation; section; spring; university; volume

• Volume 11 (2023-2024) by Glinsky, Emanuel; Nir, Gonny; Block, Daniel; Gillespie, Peyton; Golden, Alyssa; Levy, Noah; Gottlieb, Koby; Katsnelson, Maia; Kiarsis, Audrey; King, Brandon; Minkin, Kaia; Sugaraman, Harrison; Granahan, Jack; Karoll, Leora (2024) - 515 Michael Willrich, supra note 469. 132 Brandeis University Law Journal 2023-2024, Volume 11 The following articles are written in: The Chicago Manual of Style 17th Edition 133 Brandeis University Law Journal 2023-2024, Volume 11 Immigrant Labor and Civil Rights in the United States Peyton Gillespie517 FINAL COPY: Law Journal: Volume 11, Annual Issue Brandeis University Law Journal 2023-2024, Volume 11 Mission Statement The Brandeis University Law Journal aims to provide Brandeis University with the opportunity to contribute to discussions of law and law-related topics with the publication of undergraduate scholarship. Keywords: act; administration; amendment; american; article; brandeis university; burning; case; civil; conditions; confinement; congress; constitution; court; coverture; decision; defense; desecration; emergency; executive; federal; flag; free; gaza; general; government; hamas; health; human; immigrants; individuals; inmates; international; isolation; israel; johnson; justice; knowledge; labor; law journal; laws; liability; nations; native; new; note; opinion; palestinian; patent; people; peyote; policy; political; power; practice; president; prison; protection; psychological; public; research; resolution; rights; risk; security; self; social; solitary; speech; supra; supra note; supreme; supreme court; texas; time; treatment; u.s; united states; university law; use; volume; war; women
• Covid and the Court: Why the Supreme Court Should Not Diffuse European Speech Restrictions into American Law by King, Brandon (2024) - Over time, governments across the world, particularly the United States government, came to understand the risks associated with social media during a pandemic.210 In response to misinformation regarding COVID-19 which circulated across social media and the negative impacts of this misinformation on the nation; the Biden Administration initiated communications through both electronic and physical 210 Hichang Cho et al., The Bright and Dark Sides of Social Media Use during COVID-19 Lockdown: Contrasting Social Media Effects through Social Liability vs. Social Support, 146 Comput. What is a potential counter argument to this type of Jurisprudence? I. Circumstances in which United States’ Courts should Utilize the Laws and Cases of Other Nations “Courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. Keywords: court; law; laws; nations; speech; states; supreme; united; united states
• The Development of Privity of Contract as the Common Law Standard for Product Liability: An Analysis of Winterbottom v. Wright, Thomas v. Winchester, and Industrialization by Sugarman, Harrison (2024) - The NYSC overturned its previous ruling on Thomas v. Winchester with its 1916 decision on MacPherson v. Buick Motor Company, and legal scholars view this as the beginning of modern product liability law; the case established the standard of reasonability, but a series of product liability cases further reestablished the ancient standard of strict liability.512 Justice Benjamin Cardozo of the NY Court of Appeals astutely realized that the economy had become so industrialized and integrated by the early 20th century that consumers almost exclusively purchased products from manufacturers they did not know personally.513 The distribution of burden that privity of contract placed on consumers by that point was so unacceptable that even conservative formalists, like Carodozo, knew that the faceless economy theory outlived its utility.514 In a broader context, the analysis of the shift in product liability standards assesses the distribution of risk 514 Id. 513 In replacement of formalism, legal instrumentalism, which advanced that the law could be directed toward a collective social good, began to dominate American courts, including the NY Court of Appeals.473 According to accredited sources, any discussion about American product liability, privity of contract, and Thomas v. Winchester would be fundamentally incomplete without discussing Winterbottom v. Wright at length.474 Although the case was adjudicated under English law, applying the principles of Winterbottom v. Wright to American jurisprudence is essential because the NY Court of Appeals adopted the Court of Exchequer’s approach, exemplifying the concurrent socioeconomic and legal challenges Great Britain and the US faced as a consequence of industrialization and economic expansion. Keywords: court; law; liability; note; supra; winterbottom; wright
• “Decisions We Do Not Like”: Flag Desecration Case Law and the Culture War by Granahan, Jack (2024) - On the day of the law’s codification into federal law, Gregory Lee Johnson and seven others burned American flags in protest of the law in Washington, D.C. and Seattle, Washington.609 All eight were charged with violating the 1989 law, though charges against Johnson were dropped after witness testimony confirmed that his flag had not ignited.610 Just as supporters and opponents of the Flag Protection Act had planned, the case was appealed to the Supreme Court, with the case being submitted as United States v. Eichman (Johnson’s fellow activist, Shawn Eichman, was listed as the primary appellee).611 After almost a year of the public relations firestorm that had resulted from the Johnson decision, it certainly would not have been surprising for any of the five justices who had voted with the majority—especially a conservative justice who had only tentatively sided with Johnson—to change their mind on the flag desecration issue. The First Amendment’s protection of flag desecration as a form of symbolic speech was one of the most divisive issues in American politics, and it comprised a major facet of the cultural conflict between liberals and conservatives.542 Although the Supreme Court issued several conservative rulings on cultural issues at this time, the decisions of Texas v. Johnson (1989) and United States v. Eichman (1990) did not follow this trend. Keywords: american; burning; court; desecration; flag; johnson; law; speech; supreme; texas
• State Responsibility for State Sponsors of Terror by Gottlieb, Koby (2025) - Although international law is not enforceable, 67 Rebecca Barber, An Exploration of the General Assembly’s Troubled Relationship with Unilateral Sanctions, 70 ICLQ 343, 346–348 (2021); See Anne Van Aaken & Betül Simsek, Rewarding in International Law, 115 AM. The paper asserts that international trade with state sponsors of terrorism, such as China’s trade with Iran, constitutes a breach of international law. Keywords: case; china; court; international; iran; journal; law; responsibility; state; terrorism
• A Debate Decided: Civil Liberties for Guantanamo Bay Detainees by Hymowitz, Lanie (2025) - This assertion functions as a way for Guantanamo Bay detainees to have as little legal protection as possible. From the passage of the AUMF to the persistent obstacles against habeas corpus cases, the United States government views Guantanamo Bay prisoners as a mere tool for asserting executive and military power, rather than human beings entitled to basic legal rights. Keywords: american; bay; court; guantanamo; guantanamo bay; law; military; states; united
• Volume 12 (2024-2025) by Levy, Noah; Block, Daniel (2025) - No doubt that is the very reason why the Constitution requires congressional ratification of state compacts. In the CDC case, the Court found that the agency’s actions encroached on typically state-regulated landlord-tenant relationships.94 Instead of applying the federalism canon—which presumes that federal laws do not override state laws without a clear statement from Congress—the Court treated the disruption of state law as an indicator of political significance.95 By doing so, the Court linked the federalism canon to the MQD, creating a superficial constitutional basis for requiring a clear statement from Congress. Keywords: adams; agency; agreement; american; article; authority; brandeis university; case; chevron; compact; congress; consent; constitution; contract; contract law; court; cuyler; democratic; disputes; doctrine; executive; federal; federalist; government; guantanamo; international; interstate; justice; law journal; law rule; mqd; new; new jersey; new york; opinion; policy; power; president; question; right; sedition; states; statute; supra note; supreme court; u.s; united states; university law; v. epa; v. new; v. tennessee; v. west; virginia v.; volume; west; west virginia
• INTERNATIONAL LAW: The Legacy of International Criminal Tribunals and the Role of Communication by Rutledge, Holly (2015) - In particular, excessive spending and length of the trials continued to be a challenge.28 Cruvellier states that for the Special Court “the cost-per-defendant ratio is not a significant improvement on the record of the ad hoc tribunals,” though the narrow mandate of the court did limit overall costs of the Special Court.29 Therefore, while improvements are still necessary to improve efficiency of international tribunals, the SCSL sets a helpful precedent in terms of outreach, communication, and education within the community. Conclusions While each court has a unique context and legacy, it is a general recommendation that international tribunals must actively prioritize outreach and a methodology that will involve people at the domestic level throughout the duration of the trials. Keywords: court; criminal; icty; international; justice; law; legacy; tribunal
• Supreme Court Roundup by Chen, Jesse (2015) - Microsoft Word - LAW JOURNAL ISSUE 7_Final.docx Supreme Court Roundup Jesse Chen* GLOSSIP V. GROSS Docket Number 14-7955 Date Argued April 29, 2015 Date Decided June 29, 2015 Vote 5-4, for Gross Issues Eighth Amendment; cruel and unusual punishment In this case, the Court ruled upon whether or not Oklahoma's three-drug protocol for lethal injection violated the Eighth Amendment. Justice Roberts states that the Court's decision is based upon using a moral argument to override the spirit of the law in his statement: “[But]this Court is not a legislature. Keywords: amendment; court; dissenting; justice; marriage; states
• The Discreet Uniter: An Analysis of Elena Kagan’s Role on the Roberts by Nir, Gonny (2021) - She’s shown 77 “What Justice Kagan Told ABA About Decision-Making, Politics, Pro Bono, and More.” “Martin-Quinn Scores,” M|LSA, 2019, https://mqscores.lsa.umich.edu/measures.php “What Justice Kagan Told ABA About Decision-Making, Politics, Pro Bono, and More.” Keywords: court; justice; kagan; law; states; united; university
• Abortion in the United States: The Road to Vague Legislation by Bruno, Gianna (2022) - Abortion legislation was introduced as an attempt to solve a privacy issue. This paper will discuss the history of abortion policies, how the Legislative and Judiciary branches have dealt with the issues addressed in the 1973 Supreme Court case, as well as how interest groups and the public face those problems as constituents. Keywords: abortion; congress; court; groups; issue; journal; law; legislation; life; public; supreme
• A Game of Telephone: The Evolution of Conspicuous: Service in New York State by Miller, Zachary (2023) - Conspicuous service or “nail and mail” service are the final type of service. Conspicuous service entails a process server affixing notice upon a conspicuous part of the respondent’s property and mailing a copy of the notice to the respondent’s last known residence.162 During the late nineteenth century and early twentieth century, all services, excluding in-hand service, were unconstitutional.163 In 1877, the United States Supreme Court heard the case of Pennoyer v. Neff. Keywords: court; cplr; dolan; law; mcdonald; process; service
• Volume 10, Issue 2 (2023) by Nir, Gonny; Weiner, Allison; Miller, Zachary; Samuels, Brandon; Reiss, Sophia (2023) - https://www.nytimes.com/2021/03/25/technology/section-230-explainer.htm l. 350 Maria Alessandra Golino, “Algorithms in Social Media Platforms,” April 24, 2021, https://www.internetjustsociety.org/algorithms-in-social-media-platforms. 112 https://www.nytimes.com/2021/03/25/technology/section-230-explainer.html https://www.nytimes.com/2021/03/25/technology/section-230-explainer.html https://www.internetjustsociety.org/algorithms-in-social-media-platforms Brandeis University Law Journal Spring 2023, Volume 10, Issue 2 work, what happens in response to any harms that ensue, and who should be responsible.352 III. Please send any questions, submissions, or inquires to deislawjournal@gmail.com and visit our website at https://brandeislawjournal.wordpress.com 2 mailto:deislawjournal@gmail.com https://brandeislawjournal.wordpress.com Brandeis University Law Journal Spring 2023, Volume 10, Issue 2 Archive To access the Brandeis University Law Journal Archives and explore past and current issues, articles, as well as other relevant information, kindly visit the Brandeis University Library Archives at: https://journals.library.brandeis.edu/index.php/blj Or visit our website: https://brandeislawjournal.wordpress.com Brandeis University Law Journal ©2023 ISSN: 22154-4468 e-ISSN: 2836-7251 3 https://journals.library.brandeis.edu/index.php/blj https://brandeislawjournal.wordpress.com Brandeis University Law Journal Spring 2023, Volume 10, Issue 2 Brandeis University Law Journal Spring 2023 VOLUME 10 ISSUE/NO. 2 Brandeis University Law Journal ©2023 Editor-in-Chief Gonny D. Nir Copy Chief Emanuel (Manny) Glinsky Operations Manager Publisher and Treasurer Noah Risley Peyton Gillespie Layout Editor Library Liaison Dalya Koller Noah Levy Faculty Librarian Faculty Librarian Wendy Shook Mark Paris Faculty Advisor Faculty Advisor Professor Rosalind Kabrhel Professor Daniel Breen Senior Editors: Daniel Block, Gianna Bruno, Lauren Davis, Maggie DiPierdomenico, Julia Fair, Peyton Gillespie, Emanuel (Manny) Glinsky, Lauren Lederer, Gonny D. Nir, Sophia Reiss, Noah Risley Junior Editors: Athena Bai, Alyssa Golden, Eamonn Golden, Dalya Koller, Noah Levy, Tavorr Vaxman-Magid, Hana Miller, Vishni Samaraweera, Naomi Stephenson, Ada Wagar, Paul Weir 4 Brandeis University Law Journal Spring 2023, Volume 10, Issue 2 CONTENTS Editor-in-Chief’s Letter......................................... 6 Articles Antitrust: What is it Good For? Keywords: act; antitrust; authors; bertelsmann; books; brandeis university; case; co.; companies; content; court; digital; doctrine; dolan; government; house; inc; international; issue; journal spring; justice; kgaa; law journal; laws; llc; market; mcdonald; merger; new; online; penguin; process; protection; public; publishing; random; regulation; rights; russian; schuster; section; service; simon; states; statute; u.s; ukraine; united; united states; university law; viacomcbs; volume; voting; york

• States of Emergency: The History and Legal Ramifications by Katsnelson, Maia (2024) - However, many scholars believe that the Framers implied these powers by creating an Executive Branch that is more efficient than the Legislative Branch.126 For this reason, Congress passed the NEA, granting the president 123 statutory powers during a declared emergency—ensuring that during a national emergency, decisions could be made quickly and efficiently to protect the nation.127 Seven years later, the Supreme Court's decision in Immigration and Naturalization Service v. Chadha emphasized a check to emergency executive power by restating the traditional position that Congress can not veto an administrative decision with a majority vote, a two-thirds 127 Executive Powers Are a National Emergency - Harvard Political Review, https://harvardpolitics.com/executive-powers-emergency/ (last visited Nov 26, 2023). Id. 98 Id. 33 Brandeis University Law Journal 2023-2024, Volume 11 is riddled with instances of Executive use of emergency powers.103 The Alien and Sedition Acts of 1798 were a defining moment in the codification of emergency powers. Keywords: act; constitution; emergency; executive; journal; law; national; powers; states
• Voting While in Mass Incarceration by Sokoloff, Rebecka (2021) - Unfortunately, states continue to indefinitely remove voting rights from felons.80 Several important questions have been raised regarding voting rights in relation to prisoners, such as, how do prisoner voting rights factor into this new plan? From this article, I hope to provide and enlighten the reader on possible alternative solutions to prisoner voting. Keywords: individuals; prisoners; right; states; vote; voting
• ELCTION 2016: Is Ted Cruz Eligible to Run for President of the United States? by Lourie, Noah (2015) - Thus, the English jurist, Sir William Blackstone, who wrote extensively on the meaning of natural born subjects as early as 1760, impacted the Founders definition of natural born citizen. While most of the conditions necessary for one’s presidential candidature defined in the Constitution are clear, the specific phrase, “natural born citizen,” contains much ambiguity and has continued to be a source of conflict during presidential elections. Keywords: citizen; citizenship; constitution; cruz; january; law; president; states; united; united states
• Application of European Model to Curtail Hate Speech in the U.S. by Reiss, Sophia (2021) - This article compares free speech law in the United States and the European Union in an effort to explore how one might improve our care of ourselves and each other in the realm of free speech. The United States maintains a unique position in free speech law as the least restrictive country, as evidenced in its allowance of hate speech. Keywords: european; hate; law; speech; states; united; university
• 7,341 Incidents and Counting: Analyzing the Evolution of American Hate Crime Legislation and How it Varies by State by Daniel, Jessica (2023) - Hate crimes are not a recent phenomenon, but they are a continually increasing trend.82 Hate crimes send a powerful message to members of a victim’s group that they are “unwelcome and unsafe in their communities,” and can further marginalize minority groups.83 In 2019, 7,314 total hate crimes were reported across the country (a 3.95% increase from 2018), but because of issues related to reporting (to be explained more in-depth in a later section of this paper), it is estimated that more than half of all hate incidents that could be reported are not formally documented.84,85 In a study regarding hate crimes, sociologists Jack McDevitt and Jack Levin categorized hate crimes into four classifications. Brandeis University Law Journal Fall 2021, Volume 9, Issue 1 7,341 Incidents and Counting: Analyzing the Evolution of American Hate Crime Legislation and How it Varies by State Jessica Daniel78 This article will explore what hate crimes are, and explore why they have been on the rise in recent years. Keywords: crimes; department; hate; hate crime; journal; justice; law; laws; pennsylvania; rights; states; university
• Gender, Crime, and the Disparities in the Criminal Justice System by Fu, Alyssa (2021) - The root cause of increased female crime rates lies in the incongruent pathways to crime between men and women. Criminology Theories: Pathways to Crime for Men and Women From a psychological and criminological perspective, there are circumstances of perceived gender biases targeting both men and women leading to the idea that males involved in the criminal justice system require more attention. Keywords: crime; gender; journal; justice; law; report; states; women
• Antitrust: What is it Good For? The Story of a Failed Merger Between Penguin Random House and Simon & Schuster and its Implications for the Labor Market by Nir, Gonny (2023) - Yet, in the market for books whose advancements are below the $250,000 threshold, the Big Five only hold 45 percent of the market share.68 Such a difference between market share among the Big Five and mid-to-small sized publishing houses, alongside the common practice among publishers, that books which do receive advances at or above the threshold require the approval from senior members of the house, signal the probable existence of a submarket.69 In rebuttal, the defendants argued that defining a submarket by the price certain books garner for advances is 69 United States v. Bertelsmann SE & CO. KGaA, Penguin Random House, LLC, ViacomCBS, INC., and Simon & Schuster, INC., 28. This article examines the threat that monopsonies present in labor markets; it argues that a shift in antitrust enforcers’ focus from the sell side of a market to its buy side can bolster economic output and empower the labor force. I. Keywords: bertelsmann; co. kgaa; house; inc; llc; market; penguin; penguin random; random; schuster; simon; states; united; united states; viacomcbs

• How has Covid Impacted the Call for Reform for the Criminal Justice System? by Sinkoff, Olivia (2023) - The year 2020 was a period of reawakening for many criminal justice reform movements. El Salvador follows the United States with the second highest incarceration rate of 562 per 100,000 of the population.160 More than half of incarcerated people in the United States in 2022 – about 1.04 million – are in state prisons, with the majority of prisoners sentenced for violent crimes. Keywords: drug; incarceration; justice; law; pandemic; police; prison; reform; system

• The Sedition Act of 1798 as a Federalist Legal Instrument by Granahan, Jack (2025) - 44 Id. at 291-292. 130 Brandeis University Law Journal 2024-2025, Volume 12 one of many demonstrations of Justice Chase’s explicit Federalist bias–a staple of Sedition Act prosecutions.49 The penultimate indictment under the Sedition Act was that of James T. Callender, a prominent Democratic-Republican writer and contributor to the Richmond Examiner. Sedition and Freedom of Speech Democratic-Republicans slammed the Sedition Act as a blatant violation of the First Amendment to the Constitution, which states that “Congress shall make no law […] abridging the freedom of speech, or of the press. Keywords: act; democratic; law; lyon; note; republican; sedition; sedition act; supra
• The Potential for Positronic Machines as Inventors: An Intellectual Property Framework for Artificial General Intelligence by Glinsky, Emanuel (2022) - Additionally, I will argue that companies and their employees, such as that of Gapple’s, may be entitled to rights of inventorship concerning AGIs and AGI inventions. Comprehensively, I intend to address the core issue—what entity, if any, deserves a patent or trade secret on AGI, and a patent on AGI inventions, under the amended Patent Act of 1952? 3. Keywords: act; agi; biffie; human; inventions; law; patent; rights; spring; thaler
• What Would Happen If…? by Bruno, Gianna (2023) - In the next paragraphs, I will analyze Lisa Friedman’s report from the New York Times and Marlo Lewis, Jr.’s article from the Competitive Enterprise Institute about how the Inflation Reduction Act could affect the EPA’s regulation power. 68 Lewis, “Inflation Reduction Act and West Virginia v. EPA,” 2022. 31 Brandeis University Law Journal Fall 2022, Volume 10, Issue 1 face-value, the Act could potentially lead to legislation that will create a positive impact on the environment, such as the law and effect proposed in the hypothetical case. Keywords: act; emissions; epa; greenhouse; law
• Qui Tam: An Ingenious Bulwark Against Fraud by Vaxman-Magid, Tavorr (2023) - At the very least, we can say with confidence that a rising importance of qui tam suits is currently expected by Congress, as evidenced by its moves to enable qui tam further, and potentially investigate the last two decades of qui tam cases. Of the many safeguards that exist to regulate government money, perhaps one of the 187 Howard, “False Claims Act,” 1863. Keywords: act; fraud; government; money; qui; tam
• A Restoration of Voting Rights & Humanity by Samuels, Brandon (2023) - The center estimates that almost 900,000 Floridians are barred from voting, despite a 2018 referendum which guaranteed their restoration of voting rights.263 The proposed Voting Rights Restoration Act abolishes any law that requires former imprisoned to pay any restitution, fine, or fee to vote. Similarly, the proposed Voting Rights Restoration Act seeks to make voting more accessible for previously incarcerated individuals by eliminating the obstacles that are prevalent in our current laws. Keywords: act; law; laws; restoration; rights; voting

• Necessities to Life: The Fundamental Rights to Clean by Reiss, Sophia (2022) - The Flint water crisis shows the horrifying and potentially fatal results that can occur when unclean water is provided to citizens, underscoring how essential clean water is to human life.19 Clean water is essential to life on earth and a livable environment.20 The right to clean water would provide the necessary baseline of protections allowing for a livable context and environment.21 As a fundamental right, clean water would be provided, to the best extent it could given the circumstances, and required, by the highest standards, for healthy lives and a healthy environment. Water is integral to our survival, so whenever this basic resource is not protected that same survival comes under threat.10 The Flint Water Crisis is a chilling example of what can happen in the absence of clean water. Keywords: air; clean; environment; epa; flint; journal; law; right; united; water

• Updating Our Rights With The Internet: Arguing the Necessity of a Fundamental Right to Internet Access by Rotenberg, Joshua (2021) - One can clearly see that the online applications of fundamental rights manifest digital rights. Untitled document Updating Our Rights With The Internet: Arguing the Necessity of a Fundamental Right to Internet Access Joshua Rotenberg50 ABSTRACT: Fundamental rights are essential to the functions of our democracy. Keywords: access; digital; government; internet; life; right
• On America’s Inexplicit Dignity by Rotenberg, Joshua (2021) - In his defense of a bill of rights, New York University law professor and legal philosopher, Jeremy Waldron, contends that the very presence of protected rights acknowledges dignity.25 He argues that when a government gives rights to a citizen, they automatically assume that the citizen has both autonomy and dignity; rights must be enforced, in this view, to respect and protect human dignity. As the common law system teaches, the development of such rights may be traced back through prior cases. Keywords: america; dignity; law; right; system; university

• Reining in the Imperial Presidency: The Case for a Weak Executive by Flesch, Julian (2021) - While one might expect originalists, as conservatives often claim to be, to believe in a weaker executive, Steven Skowronek notes that [t]he overall effect [of this new view of executive power] is to authorize the President to capitalize on all that the historical development of national power has created while leaving to others the Constitution’s most rudimentary and combative instruments: term limits and quadrennial elections, congressional control of the purse and Senate review of appointments, judicial intervention and the threat of impeachment.163 Conservatives are not against enumerated checks and balances such as impeachment and the advice and consent clause, but they are against unenumerated checks such as general congressional oversight absent impeachment and Congress’s being able to regulate various executive agencies. All this we expect presidents can do. Keywords: barr; congress; constitution; executive; law; power; president

• “The Family Separation Crisis That No One Knows About” How Our Flawed Legal and Prison Systems Work to Keep Incarcerated Parents from Their Children by Blocher, Jenna (2023) - Unfair Biases Against Incarcerated Parents It might be argued that incarcerated parents should not have a relationship with their children. How Our Flawed Legal and Prison Systems Work to Keep Incarcerated Parents from Their Children Jenna Blocher100 Incarcerated parents are at an increased risk of their parental rights being terminated due to the Adoption and Safe Families Act (ASFA) of 1997. Keywords: asfa; care; children; foster; journal; law; parents; prison; rights

• Immigrant Labor and Civil Rights in the United States by Gillespie, Peyton (2024) - The same report from the University of Chicago notes that 37 percent of undocumented immigrant laborers receive less than minimum wage and 76 percent of immigrant laborers experience wage theft.532 In addition, the report reveals: “Immigrant workers experience 300 more workplace fatalities and 61,000 more workplace injuries 532American Civil Liberties Union, How Do Labor Laws Apply to Immigrants?, 1. 531American Civil Liberties Union, How Do Labor Laws Apply to Immigrants?, 1. 530 Garcia Quijano,Workplace Discrimination and Undocumented First-Generation Latinx Immigrants, 4. 529 American Civil Liberties Union, How Do Labor Laws Apply to Immigrants?, 1. 528 The National Archives, The Constitution of the United States of America. Upon examination, it is apparent that U.S. immigration laws and policies not only make the legal process of obtaining work unnecessarily difficult, but also don’t adequately protect immigrants. Keywords: immigrants; immigration; labor; law; u.s; university; workers
• Options for the Biden Administration to Prevent Iran from Developing a Nuclear Weapon by Mani, Kevin A. (2021) - In general, the outcomes of economic sanctions are uncertain when it comes to attempting to influence behavior.149 Sanctions may fail to match their coercive objectives, particularly when imposed on authoritarian adversaries.150 Although the U.S. has used coercive economic sanctions on Iran for decades, the results have been far from ideal.151 Since the Reagan administration, the U.S. has imposed various sanctions to restrict monetary aid, arms trade, and economic activities between the U.S. and Iran, among other penalties.152 During the Bush administration, the U.S. restricted Iran’s access to the international financial system with the objective of blocking or 152 Mahapatra, “US–Iran Nuclear Deal: Cohorts and Challenger.” 151 Chintamani Mahapatra, “US–Iran Nuclear Deal: Cohorts and Challenger,” Contemporary Review of the Middle East, 2016, https://journals.sagepub.com/doi/10.1177/2347798916632323. 154 Robert, “Containing Iran: Strategies for Addressing the Iranian Nuclear Challenge.” 153 Mahapatra, “US–Iran Nuclear Deal: Cohorts and Challenger.” 50 https://www.mitpressjournals.org/doi/full/10.1162/ISEC_a_00286 https://www.brookings.edu/blog/order-from-chaos/2020/06/15/what-explains-the-decline-of-irans-moderates-its-not-trump/ https://www.brookings.edu/blog/order-from-chaos/2020/06/15/what-explains-the-decline-of-irans-moderates-its-not-trump/ The U.S. would need to remove any sanctions not aligned with the JCPOA and reassure Iran that the U.S. will not leave the agreement. Keywords: administration; agreement; deal; iran; iran nuclear; jcpoa; nuclear; sanctions; trump; u.s

• COMPARATIVE LAW: In Search of a Muslim Identity Between the Two Extremes of Secularism and Religious Law by Rao, Gali Amogha (2015) - The Indian state does not take responsibility for the enforcement of the adjudications of the parallel system but only recognises the right of such courts and institutions to exist.19 Scholars who argue in favour of compatibility between sovereign judicial system and the parallel system often cite the origins of the modern-day Islamic movement as evidence for compatibility. Although the Indian judiciary allows for the existence of parallel systems practicing different schools of Islamic legal thought, there is no definition for what is permitted and what is prohibited. Keywords: case; india; islamic; law; muslim; pakistan; shariat; system

• Does Innocence Matter in Criminal Appeals? by Gibson, Cat (2021) - However, in 2011, the Texas Court of Criminal Appeals ruled that the new evidence did not unquestionably establish the applicant's innocence, and since the threshold for proving actual innocence was not met, habeas relief was denied.61 If Spencer was serving the original sentence he’d been granted in 1987 for murder, he would be released in 2022. ”63 Texas is actually one of those states that allows actual innocence claims outside of those with DNA evidence, and yet, Spencer remains imprisoned. Keywords: criminal; innocence; prison; spencer

• Ensuring the Power of the Beth Din: Creation of the Halakhic Prenuptial Agreement by Fernands, Anna (2022) - “Prenuptial Agreements,” in The Wed-Locked Agunot: Orthodox Jewish Women Chained to Dead Marriages (Jefferson, NC: McFarland, 2015), 172-195. Bleich. Orthodox women began noticing and resenting how different their lives and marriages were under American law versus Jewish law and subsequently, Orthodox feminism was born. Keywords: agunah; law; orthodox; prenup; problem; women

• Hog Pollution in North Carolina: Policy and Legal Analysis by Wheeler, Emma (2023) - The state’s affinity for the pig is no surprise given that North Carolina is the second biggest pork-producing state in the country, producing $2.9 billion in hog sales in 2012.1 With that revenue though, comes vast amounts of pollution in the form of hog waste, which pollutes the streams, rivers, and air. Municipal human waste is sent to wastewater treatment plants where it is collected, treated, and disposed of in such a way to “prevent, as far as reasonably possible, any contamination of the land, groundwater, and surface waters”.8 In contrast to the treatment of human waste, hog waste is minimally treated and undergoes no standard or regulated treatment process. Keywords: cafos; carolina; dec; environmental; hog; north; operations; pollution; state; waste; water; web

• The Fourth Amendment Judicial Understanding: Third Parties by Reiss, Sophia (2021) - As Justice Alito stated in his Jones concurrence, “hypothetical reasonable person has a well-developed and stable set of privacy expectations” and “[b]ut technology can change those expectations.”18 To make individuals aware of technology companies’ interactions with their data and to provide individuals with greater control of their data, privacy law “would force Internet companies like Amazon.com and Facebook to obtain explicit consent from consumers about use of their personal data, delete that data forever at the consumer’s request and face fines for failing to comply. Keywords: amendment; fourth; information; privacy

• An Exploration of Justice in the Context of Ethical Guidelines by Bar-Mashiah, Emily (2021) - Brandeis University Law Journal Fall 2021, Volume 9, Issue 1 An Exploration of Justice in the Context of Ethical Guidelines Emily Bar-Mashiah191 An appellate court in Missouri has decided to uphold a 2.1 billion dollar judgment against Johnson & Johnson (J&J) over the presence of asbestos in their baby powder, despite being unable to directly link the asbestos to the development of ovarian cancer in J&J consumers. While the risk of cancer in women exposed to J&J baby powder only increased by 8% compared to those who were not, there is no way to prove that the exposure was not a contributor to the development of ovarian cancer, even if it was not the one main cause. Keywords: asbestos; j&j; johnson; powder

• Lights, Camera, Action! How Hollywood Avoided Eternal Federal Censorship by Nakkab, Renée (2021) - While film producers could ignore the standards, as they did in years prior, those who did would be forgotten by the industry. After Freedman v. Maryland, the only power states had to regulate film production was regarding the dissemination of objectionable material to children.46 Unwilling to relinquish power to state authorities, the MPAA created the Code and Rating Administration (CARA) who generated the current rating system. Keywords: censorship; code; film; hollywood; industry; motion; picture; production

• Jan Nisbet (with contributions from Nancy Weiss), Pain and Shock in America: Politics, Advocacy, and the Controversial Treatment of People with Disabilities by Breen, Daniel (2022) - Thus, when in 1986, well-meaning administrators like Mary Kay Leonard at the Office for Children sought to curtail aversive methods in Massachusetts, BRI attorneys were able to deploy anecdotal evidence of the efficacy of these methods to persuade Judge Ernest Rotenberg, of the Bristol County Probate Court, that they should continue. Final Spring Law Journal Copy Brandeis University Law Journal Spring 2022, Volume 9, Issue 2 Jan Nisbet (with contributions from Nancy Weiss), Pain and Shock in America: Politics, Advocacy, and the Controversial Treatment of People with Disabilities Daniel Breen1 One night in August of 2007, a man placed a call to the Judge Rotenberg Center, a facility dedicated to the treatment of “emotionally disturbed students” in Canton, MA, and instructed staff members to wake up two of the residents and subject them to a series of electric shocks. Keywords: bri; center; judge

• Dedication to Judah Marans '11 by Levy, Noah; Block, Daniel (2025) - Law Journal 2024-2025 Covers.docx - Google Docs Dedicated to Judah Marans ’11 We are incredibly grateful to the Brandeis Law Journal’s founder, Judah, for creating this forum for discussion and learning in and around the legal field. We extend our deepest sympathies to his family and friends throughout the Brandeis community. Keywords: discussion

• Editor-in-Chief's Letter by Levy, Noah (2025) - Daniel Block, my Co-Editor-in-Chief, has had some of the most thought-out opinions and guidance, vitally keeping us on track and ensuring the Journal runs smoothly. Volume 12 Brandeis University Law Journal 2024-2025, Volume 12 Letter from the Editor-in-Chief Dear Reader, Thank you for lending your time to our scholarship. Keywords: board; journal

Epilogue

For more detail, about this study carrel, see the computed home page. For more detail about study carrels in general, see the read me file.

Created: 2025-12-23