[{"id": "blj-2293", "words": "53336", "extension": ".pdf", "flesch": "27", "author": "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", "title": "Volume 11 (2023-2024)", "date": "2024", "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", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-2295", "words": "430", "extension": ".pdf", "flesch": "56", "author": "Nir, Gonny", "title": "Editor-in-Chief's Letter", "date": "2024", "keywords": "journal", "summary": "The Journal\u2019s E-Board, which has grown to its largest size yet, is staffed by a team of gifted undergraduates who have dedicated many hours to the Journal\u2019s success. Indeed, in a trailblazing initiative at the undergraduate level, the Journal is adopting The Bluebook: A Uniform System of Citation to conform to the citation system used by the legal profession and other academic legal publications.", "mime": "application/pdf"}, {"id": "blj-2297", "words": "6008", "extension": ".pdf", "flesch": "29", "author": "Gottlieb, Koby", "title": "The Israeli-Hamas War: The Legality of Israel\u2019s Invasion of Gaza Under International Law", "date": "2024", "keywords": "brandeis; defense; gaza; hamas; international; israel; journal; law; palestinian; resolution; self; state; university", "summary": "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\u2019ve 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\u201322 (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\u2014as previously explained\u2014that Israel could use to justify its invasion of Gaza.", "mime": "application/pdf"}, {"id": "blj-2298", "words": "3715", "extension": ".pdf", "flesch": "37", "author": "Katsnelson, Maia", "title": "States of Emergency: The History and Legal Ramifications ", "date": "2024", "keywords": "act; constitution; emergency; executive; journal; law; national; powers; states", "summary": "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\u2014ensuring 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.", "mime": "application/pdf"}, {"id": "blj-2299", "words": "5429", "extension": ".pdf", "flesch": "45", "author": "Kiarsis, Audrey", "title": "Coverture: For the Benefit of All Man[kind]", "date": "2024", "keywords": "brandeis; coverture; journal; law; murray; university; women", "summary": "189 Id. 188 Id. 56 Brandeis University Law Journal 2023-2024, Volume 11 women\u2019s 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 \u201cLegal Disabilities of Women,\u201d Grimk\u00e9 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, Grimk\u00e9 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 Grimk\u00e9.195 Murray and Grimk\u00e9 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\u2019s complete dependence upon, and allegiance to, the former.", "mime": "application/pdf"}, {"id": "blj-2300", "words": "5306", "extension": ".pdf", "flesch": "36", "author": "King, Brandon", "title": "Covid and the Court: Why the Supreme Court Should Not Diffuse European Speech Restrictions into American Law", "date": "2024", "keywords": "court; law; laws; nations; speech; states; supreme; united; united states", "summary": "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\u2019 Courts should Utilize the Laws and Cases of Other Nations \u201cCourts 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.", "mime": "application/pdf"}, {"id": "blj-2301", "words": "10608", "extension": ".pdf", "flesch": "23", "author": "Minkin, Kaia", "title": "A Proposal to Reform the Practice of Solitary Confinement", "date": "2024", "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", "summary": "https://www.aclu.org/news/prisoners-rights/i-spent-16-months-solitary-confi nement-and-now-im 303 Dr. Hern\u00e0n Reyes, The Worst Scars Are in the Mind: Psychological Torture, 89 Int\u2019l 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.", "mime": "application/pdf"}, {"id": "blj-2302", "words": "4184", "extension": ".pdf", "flesch": "42", "author": "Sugarman, Harrison", "title": "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", "date": "2024", "keywords": "court; law; liability; note; supra; winterbottom; wright", "summary": "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\u2019s approach, exemplifying the concurrent socioeconomic and legal challenges Great Britain and the US faced as a consequence of industrialization and economic expansion.", "mime": "application/pdf"}, {"id": "blj-2303", "words": "3666", "extension": ".pdf", "flesch": "38", "author": "Gillespie, Peyton", "title": "Immigrant Labor and Civil Rights in the United States", "date": "2024", "keywords": "immigrants; immigration; labor; law; u.s; university; workers", "summary": "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: \u201cImmigrant 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\u2019t adequately protect immigrants.", "mime": "application/pdf"}, {"id": "blj-2304", "words": "5205", "extension": ".pdf", "flesch": "56", "author": "Granahan, Jack", "title": "\u201cDecisions We Do Not Like\u201d: Flag Desecration Case Law and the Culture War", "date": "2024", "keywords": "american; burning; court; desecration; flag; johnson; law; speech; supreme; texas", "summary": "On the day of the law\u2019s 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\u2019s 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\u2014especially a conservative justice who had only tentatively sided with Johnson\u2014to change their mind on the flag desecration issue. The First Amendment\u2019s 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.", "mime": "application/pdf"}, {"id": "blj-2305", "words": "7613", "extension": ".pdf", "flesch": "38", "author": "Karoll, Leora", "title": "The Psychedelic Surge and its Threats to Native American Communities", "date": "2024", "keywords": "american; brandeis; health; indian; journal; knowledge; law; patent; peyote; plant; psychedelics; resources; states; united; united states; university; volume", "summary": "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, \u201cUnited States National Institutes of Health Grant Funding for Psychedelic-Assisted Therapy Clinical Trials from 2006\u20132020,\u201d 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, \u201cVoters Support Therapeutic Use.\u201d 635 Congressman Correa \u201cApplaud House-Passing Amendment.\u201d 634 Krediet et al., \u201cPsychedelics Treatment of PTSD,\u201d 385\u2013400.", "mime": "application/pdf"}, {"id": "blj-2544", "words": "4854", "extension": ".pdf", "flesch": "42", "author": "Gottlieb, Koby", "title": "State Responsibility for State Sponsors of Terror", "date": "2025", "keywords": "case; china; court; international; iran; journal; law; responsibility; state; terrorism", "summary": "Although international law is not enforceable, 67 Rebecca Barber, An Exploration of the General Assembly\u2019s Troubled Relationship with Unilateral Sanctions, 70 ICLQ 343, 346\u2013348 (2021); See Anne Van Aaken & Bet\u00fcl Simsek, Rewarding in International Law, 115 AM. The paper asserts that international trade with state sponsors of terrorism, such as China\u2019s trade with Iran, constitutes a breach of international law.", "mime": "application/pdf"}, {"id": "blj-2545", "words": "4086", "extension": ".pdf", "flesch": "46", "author": "Granahan, Jack", "title": "The Sedition Act of 1798 as a Federalist Legal Instrument", "date": "2025", "keywords": "act; democratic; law; lyon; note; republican; sedition; sedition act; supra", "summary": "44 Id. at 291-292. 130 Brandeis University Law Journal 2024-2025, Volume 12 one of many demonstrations of Justice Chase\u2019s explicit Federalist bias\u2013a 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 \u201cCongress shall make no law [\u2026] abridging the freedom of speech, or of the press.", "mime": "application/pdf"}, {"id": "blj-2546", "words": "4305", "extension": ".pdf", "flesch": "49", "author": "Hymowitz, Lanie", "title": "A Debate Decided: Civil Liberties for Guantanamo Bay Detainees", "date": "2025", "keywords": "american; bay; court; guantanamo; guantanamo bay; law; military; states; united", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-2547", "words": "10277", "extension": ".pdf", "flesch": "43", "author": "Block, Daniel", "title": "The Canary in the West Virginia Coal Mine: How the Major Questions Doctrine Led to the Demise Of Chevron", "date": "2025", "keywords": "agency; brandeis; chevron; congress; court; epa; journal; justice; law; law journal; mqd; supra note; university; university law", "summary": "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\u2019s theory purports to resolve this dilemma by asserting that any statutory ambiguity that results in a \u201cmajor\u201d policy is either an unconstitutional expression of agency powers (MQD) or an \u201cunconstitutional delegation of legislative authority\u201d (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 \u201cstationary source,\u201d and because the EPA\u2019s bubble rule was not \u201carbitrary, capricious, or manifestly contrary to the statute,\u201d the Court should defer to the reasoned rulemaking of the EPA.17 Justice Stevens\u2019 opinion established a two-prong test that would become known as the Chevron Doctrine.", "mime": "application/pdf"}, {"id": "blj-2548", "words": "2179", "extension": ".pdf", "flesch": "54", "author": "Levy, Noah", "title": "Second to One: Walking in the Shoes of a Giant", "date": "2025", "keywords": "brandeis; government; journal; law; university", "summary": "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\u2019 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.", "mime": "application/pdf"}, {"id": "blj-2549", "words": "20724", "extension": ".pdf", "flesch": "43", "author": "Miller, Zachary", "title": "Ambiguities Embedded in the Systems of Interstate Compacts", "date": "2025", "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.", "summary": "(\u201cBecause interstate compacts are construed under contract law principles\u2026 the Court begins by examining the Compact's express terms as the best indication of the parties' intent.\u201d) No doubt that is the very reason why the Constitution requires congressional ratification of state compacts.", "mime": "application/pdf"}, {"id": "blj-2559", "words": "47612", "extension": ".pdf", "flesch": "44", "author": "Levy, Noah; Block, Daniel", "title": "Volume 12 (2024-2025)", "date": "2025", "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", "summary": "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\u2019s actions encroached on typically state-regulated landlord-tenant relationships.94 Instead of applying the federalism canon\u2014which presumes that federal laws do not override state laws without a clear statement from Congress\u2014the 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.", "mime": "application/pdf"}, {"id": "blj-2560", "words": "126", "extension": ".pdf", "flesch": "58", "author": "Levy, Noah; Block, Daniel", "title": "Dedication to Judah Marans '11", "date": "2025", "keywords": "discussion", "summary": "Law Journal 2024-2025 Covers.docx - Google Docs Dedicated to Judah Marans \u201911 We are incredibly grateful to the Brandeis Law Journal\u2019s 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.", "mime": "application/pdf"}, {"id": "blj-2561", "words": "495", "extension": ".pdf", "flesch": "61", "author": "Levy, Noah", "title": "Editor-in-Chief's Letter", "date": "2025", "keywords": "board; journal", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-476", "words": "1767", "extension": ".pdf", "flesch": "53", "author": "Manager, Brandeis University Law Journal", "title": "Frontmatter", "date": "2023", "keywords": "brandeis; journal; law; publication; university", "summary": "\u2026\u2026\u2026\u2026\u2026\u2026 29 Voting While in Mass Incarceration, Rebecka Sokoloff. \u2026..\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026\u2026.... 34 Opinions\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026...\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026...42 Options for the Biden Administration to Prevent Iran from Developing a Nuclear Weapon, Kevin A. Mani \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026 43 Reining in the Imperial Presidency: The Case for a Weak Executive, Julian Flesch\u2026\u2026...\u2026..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, \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.", "mime": "application/pdf"}, {"id": "blj-477", "words": "2367", "extension": ".pdf", "flesch": "45", "author": "Reiss, Sophia", "title": "The Fourth Amendment Judicial Understanding: Third Parties", "date": "2021", "keywords": "amendment; fourth; information; privacy", "summary": "As Justice Alito stated in his Jones concurrence, \u201chypothetical reasonable person has a well-developed and stable set of privacy expectations\u201d and \u201c[b]ut technology can change those expectations.\u201d18 To make individuals aware of technology companies\u2019 interactions with their data and to provide individuals with greater control of their data, privacy law \u201cwould 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\u2019s request and face fines for failing to comply.", "mime": "application/pdf"}, {"id": "blj-478", "words": "2935", "extension": ".pdf", "flesch": "53", "author": "Nakkab, Ren\u00e9e", "title": "Lights, Camera, Action! How Hollywood Avoided Eternal Federal Censorship", "date": "2021", "keywords": "censorship; code; film; hollywood; industry; motion; picture; production", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-479", "words": "3788", "extension": ".pdf", "flesch": "49", "author": "Rotenberg, Joshua", "title": "Updating Our Rights With The Internet: Arguing the Necessity of a Fundamental Right to Internet Access", "date": "2021", "keywords": "access; digital; government; internet; life; right", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-480", "words": "1930", "extension": ".pdf", "flesch": "44", "author": "Gibson, Cat", "title": "Does Innocence Matter in Criminal Appeals?", "date": "2021", "keywords": "criminal; innocence; prison; spencer", "summary": "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\u2019d been granted in 1987 for murder, he would be released in 2022. \u201d63 Texas is actually one of those states that allows actual innocence claims outside of those with DNA evidence, and yet, Spencer remains imprisoned.", "mime": "application/pdf"}, {"id": "blj-481", "words": "3142", "extension": ".pdf", "flesch": "52", "author": "Sokoloff, Rebecka", "title": "Voting While in Mass Incarceration", "date": "2021", "keywords": "individuals; prisoners; right; states; vote; voting", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-482", "words": "4570", "extension": ".pdf", "flesch": "7", "author": "Mani, Kevin A.", "title": "Options for the Biden Administration to Prevent Iran from Developing a Nuclear Weapon", "date": "2021", "keywords": "administration; agreement; deal; iran; iran nuclear; jcpoa; nuclear; sanctions; trump; u.s", "summary": "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\u2019s access to the international financial system with the objective of blocking or 152 Mahapatra, \u201cUS\u2013Iran Nuclear Deal: Cohorts and Challenger.\u201d 151 Chintamani Mahapatra, \u201cUS\u2013Iran Nuclear Deal: Cohorts and Challenger,\u201d Contemporary Review of the Middle East, 2016, https://journals.sagepub.com/doi/10.1177/2347798916632323. 154 Robert, \u201cContaining Iran: Strategies for Addressing the Iranian Nuclear Challenge.\u201d 153 Mahapatra, \u201cUS\u2013Iran Nuclear Deal: Cohorts and Challenger.\u201d 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.", "mime": "application/pdf"}, {"id": "blj-483", "words": "3740", "extension": ".pdf", "flesch": "37", "author": "Flesch, Julian", "title": "Reining in the Imperial Presidency: The Case for a Weak Executive", "date": "2021", "keywords": "barr; congress; constitution; executive; law; power; president", "summary": "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\u2019s 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\u2019s being able to regulate various executive agencies. All this we expect presidents can do.", "mime": "application/pdf"}, {"id": "blj-522", "words": "796", "extension": ".pdf", "flesch": "35", "author": "Manager, Brandeis University Law Journal", "title": "Frontmatter", "date": "2022", "keywords": "brandeis; journal; law", "summary": "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\u2019s Letter Dear Reader, The Brandeis University Law Journal is proud to present our most recent issue delving into legal developments.", "mime": "application/pdf"}, {"id": "blj-536", "words": "761", "extension": ".pdf", "flesch": "36", "author": "Manager, Brandeis Law Journal", "title": "Frontmatter", "date": "2015", "keywords": "brandeis; editor; journal", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-537", "words": "3501", "extension": ".pdf", "flesch": "54", "author": "Rao, G. Amogha", "title": "Analysing the Birth of \"The Right to Privacy\" and the Process Behind its Legal Justification", "date": "2015", "keywords": "authors; brandeis; law; privacy; property; right; warren", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-539", "words": "5763", "extension": ".pdf", "flesch": "47", "author": "Wheeler, Emma", "title": "Hog Pollution in North Carolina: Policy and Legal Analysis", "date": "2023", "keywords": "cafos; carolina; dec; environmental; hog; north; operations; pollution; state; waste; water; web", "summary": "The state\u2019s 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 \u201cprevent, as far as reasonably possible, any contamination of the land, groundwater, and surface waters\u201d.8 In contrast to the treatment of human waste, hog waste is minimally treated and undergoes no standard or regulated treatment process.", "mime": "application/pdf"}, {"id": "blj-541", "words": "5433", "extension": ".pdf", "flesch": "45", "author": "Paik, Eric", "title": "The Brandeis D\u00e9j\u00e0 vu: Looking at the Then and Now of Media Privacy", "date": "2023", "keywords": "brandeis; facebook; information; law; media; privacy; right; tort; warren", "summary": "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, \u201cEnough About Me: Why Privacy Is About Power, Not Consent (or Harm),\u201d 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.", "mime": "application/pdf"}, {"id": "blj-543", "words": "6196", "extension": ".pdf", "flesch": "58", "author": "Lourie, Noah", "title": "ELCTION 2016: Is Ted Cruz Eligible to Run for President of the United States?", "date": "2015", "keywords": "citizen; citizenship; constitution; cruz; january; law; president; states; united; united states", "summary": "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\u2019s presidential candidature defined in the Constitution are clear, the specific phrase, \u201cnatural born citizen,\u201d contains much ambiguity and has continued to be a source of conflict during presidential elections.", "mime": "application/pdf"}, {"id": "blj-544", "words": "4345", "extension": ".pdf", "flesch": "51", "author": "Rutledge, Holly", "title": "INTERNATIONAL LAW: The Legacy of International Criminal Tribunals and the Role of Communication", "date": "2015", "keywords": "court; criminal; icty; international; justice; law; legacy; tribunal", "summary": "In particular, excessive spending and length of the trials continued to be a challenge.28 Cruvellier states that for the Special Court \u201cthe cost-per-defendant ratio is not a significant improvement on the record of the ad hoc tribunals,\u201d 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.", "mime": "application/pdf"}, {"id": "blj-546", "words": "3878", "extension": ".pdf", "flesch": "49", "author": "Rao, Gali Amogha", "title": "COMPARATIVE LAW: In Search of a Muslim Identity Between the Two Extremes of Secularism and Religious Law", "date": "2015", "keywords": "case; india; islamic; law; muslim; pakistan; shariat; system", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-547", "words": "3293", "extension": ".pdf", "flesch": "57", "author": "Chen, Jesse", "title": "Supreme Court Roundup", "date": "2015", "keywords": "amendment; court; dissenting; justice; marriage; states", "summary": "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: \u201c[But]this Court is not a legislature.", "mime": "application/pdf"}, {"id": "blj-552", "words": "845", "extension": ".pdf", "flesch": "37", "author": "Management, Brandeis Law Journal", "title": "Frontmatter", "date": "2021", "keywords": "brandeis; journal; law; university", "summary": "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\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026...\u2026.\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026 5 On America\u2019s Inexplicit Dignity, Josh Rotenberg \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026. \u2026\u2026...... 16 The Right to Privacy: The Need For an Ever-Evolving Legal Movement, Gianna Bruno\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026....\u2026.\u2026 25 The Discreet Uniter, Gonny Nir \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026....\u2026.. 33 7,341 Incidents and Counting: Analyzing the Evolution of American Hate Crime Legislation and How it Varies by State, Jessica Daniel\u2026\u2026\u2026\u2026\u2026........\u2026\u2026\u2026..........................\u2026\u2026\u2026\u2026\u2026\u2026\u2026...\u2026 45 Gender, Crime, and the Disparities in the Criminal Justice System, Alyssa Fu\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026..\u2026\u2026...\u2026.. 67 An Exploration of Justice in the Context of Ethical Guidelines, Emily Bar-Mashiah\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026......\u2026..\u2026\u2026\u2026\u2026\u2026...\u2026.\u2026....\u2026\u2026 80 4", "mime": "application/pdf"}, {"id": "blj-553", "words": "3681", "extension": ".pdf", "flesch": "43", "author": "Reiss, Sophia", "title": "Application of European Model to Curtail Hate Speech in the U.S.", "date": "2021", "keywords": "european; hate; law; speech; states; united; university", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-554", "words": "3169", "extension": ".pdf", "flesch": "55", "author": "Rotenberg, Joshua", "title": "On America\u2019s Inexplicit Dignity", "date": "2021", "keywords": "america; dignity; law; right; system; university", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-556", "words": "2522", "extension": ".pdf", "flesch": "54", "author": "Bruno, Gianna", "title": "The Right to Privacy: The Need For an Ever-Evolving Legal Movement", "date": "2021", "keywords": "brandeis; culture; law; messages; privacy; right", "summary": "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\u2019 lifetime.30 The Right to Privacy legal movement should be re-evaluated in light of social media and the use of expos\u00e9s 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 expos\u00e9s.", "mime": "application/pdf"}, {"id": "blj-558", "words": "3870", "extension": ".pdf", "flesch": "45", "author": "Nir, Gonny", "title": "The Discreet Uniter: An Analysis of Elena Kagan\u2019s Role on the Roberts", "date": "2021", "keywords": "court; justice; kagan; law; states; united; university", "summary": "She\u2019s shown 77 \u201cWhat Justice Kagan Told ABA About Decision-Making, Politics, Pro Bono, and More.\u201d \u201cMartin-Quinn Scores,\u201d M|LSA, 2019, https://mqscores.lsa.umich.edu/measures.php \u201cWhat Justice Kagan Told ABA About Decision-Making, Politics, Pro Bono, and More.\u201d", "mime": "application/pdf"}, {"id": "blj-559", "words": "7420", "extension": ".pdf", "flesch": "48", "author": "Daniel, Jessica", "title": "7,341 Incidents and Counting: Analyzing the Evolution of American Hate Crime Legislation and How it Varies by State", "date": "2023", "keywords": "crimes; department; hate; hate crime; journal; justice; law; laws; pennsylvania; rights; states; university", "summary": "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\u2019s group that they are \u201cunwelcome and unsafe in their communities,\u201d 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.", "mime": "application/pdf"}, {"id": "blj-560", "words": "4046", "extension": ".pdf", "flesch": "48", "author": "Fu, Alyssa", "title": "Gender, Crime, and the Disparities in the Criminal Justice System", "date": "2021", "keywords": "crime; gender; journal; justice; law; report; states; women", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-561", "words": "2049", "extension": ".pdf", "flesch": "51", "author": "Bar-Mashiah, Emily", "title": "An Exploration of Justice in the Context of Ethical Guidelines", "date": "2021", "keywords": "asbestos; j&j; johnson; powder", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-563", "words": "1056", "extension": ".pdf", "flesch": "43", "author": "Breen, Daniel", "title": "Jan Nisbet (with contributions from Nancy Weiss), Pain and Shock in America: Politics, Advocacy, and the Controversial Treatment of People with Disabilities", "date": "2022", "keywords": "bri; center; judge", "summary": "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 \u201cemotionally disturbed students\u201d in Canton, MA, and instructed staff members to wake up two of the residents and subject them to a series of electric shocks.", "mime": "application/pdf"}, {"id": "blj-564", "words": "5843", "extension": ".pdf", "flesch": "53", "author": "Bruno, Gianna", "title": "Abortion in the United States: The Road to Vague Legislation", "date": "2022", "keywords": "abortion; congress; court; groups; issue; journal; law; legislation; life; public; supreme", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-565", "words": "3966", "extension": ".pdf", "flesch": "50", "author": "Fernands, Anna", "title": "Ensuring the Power of the Beth Din: Creation of the Halakhic Prenuptial Agreement", "date": "2022", "keywords": "agunah; law; orthodox; prenup; problem; women", "summary": "\u201cPrenuptial Agreements,\u201d 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.", "mime": "application/pdf"}, {"id": "blj-566", "words": "8567", "extension": ".pdf", "flesch": "48", "author": "Nir, Gonny", "title": "What Makes a Sound Supreme Court Justice?", "date": "2022", "keywords": "american; brandeis; court; gorsuch; influence; issue; journal; judge; judiciary; justice; law; spring; supreme court; university; volume", "summary": "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\u2019s opinion found in lower court opinions.118 Kosma 118 Kosma,Measuring the Influence of Supreme Court Justices, 1998, 333-372. 117 Ibid.", "mime": "application/pdf"}, {"id": "blj-567", "words": "8032", "extension": ".pdf", "flesch": "39", "author": "Glinsky, Emanuel", "title": "The Potential for Positronic Machines as Inventors: An Intellectual Property Framework for Artificial General Intelligence", "date": "2022", "keywords": "act; agi; biffie; human; inventions; law; patent; rights; spring; thaler", "summary": "Additionally, I will argue that companies and their employees, such as that of Gapple\u2019s, may be entitled to rights of inventorship concerning AGIs and AGI inventions. Comprehensively, I intend to address the core issue\u2014what 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.", "mime": "application/pdf"}, {"id": "blj-575", "words": "4390", "extension": ".pdf", "flesch": "55", "author": "Reiss, Sophia", "title": "Necessities to Life: The Fundamental Rights to Clean", "date": "2022", "keywords": "air; clean; environment; epa; flint; journal; law; right; united; water", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-576", "words": "2423", "extension": ".pdf", "flesch": "54", "author": "Bruno, Gianna", "title": "What Would Happen If\u2026?", "date": "2023", "keywords": "act; emissions; epa; greenhouse; law", "summary": "In the next paragraphs, I will analyze Lisa Friedman\u2019s report from the New York Times and Marlo Lewis, Jr.\u2019s article from the Competitive Enterprise Institute about how the Inflation Reduction Act could affect the EPA\u2019s regulation power. 68 Lewis, \u201cInflation Reduction Act and West Virginia v. EPA,\u201d 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.", "mime": "application/pdf"}, {"id": "blj-577", "words": "5116", "extension": ".pdf", "flesch": "54", "author": "Davis, Lauren", "title": "Op-Ed: A Country of Immigrants, but not in Their Favor", "date": "2023", "keywords": "asylum; brandeis; immigration; interview; issue; journal; law; university; volume", "summary": "This is of greater concern for less common languages or instances where an individual\u2019s 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", "mime": "application/pdf"}, {"id": "blj-579", "words": "5318", "extension": ".pdf", "flesch": "45", "author": "Blocher, Jenna", "title": "\u201cThe Family Separation Crisis That No One Knows About\u201d How Our Flawed Legal and Prison Systems Work to Keep Incarcerated Parents from Their Children", "date": "2023", "keywords": "asfa; care; children; foster; journal; law; parents; prison; rights", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-580", "words": "3802", "extension": ".pdf", "flesch": "44", "author": "Sinkoff, Olivia", "title": "How has Covid Impacted the Call for Reform for the Criminal Justice System?", "date": "2023", "keywords": "drug; incarceration; justice; law; pandemic; police; prison; reform; system", "summary": "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 \u2013 about 1.04 million \u2013 are in state prisons, with the majority of prisoners sentenced for violent crimes.", "mime": "application/pdf"}, {"id": "blj-581", "words": "4355", "extension": ".pdf", "flesch": "57", "author": "Vaxman-Magid, Tavorr", "title": "Qui Tam: An Ingenious Bulwark Against Fraud", "date": "2023", "keywords": "act; fraud; government; money; qui; tam", "summary": "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, \u201cFalse Claims Act,\u201d 1863.", "mime": "application/pdf"}, {"id": "blj-583", "words": "3291", "extension": ".pdf", "flesch": "50", "author": "Jain, Anika", "title": "Restricting Freedom of Speech: An Analysis of Censorship Cases in Relation to Misinformation during the COVID-19 Crisis", "date": "2023", "keywords": "brandeis; censorship; court; law; media; misinformation; speech; university", "summary": "Through the analysis of four Supreme Court cases regarding the right to free speech \u2014 Schenck v. US (1919), New York Times Co. v. US (1971), Missouri v. Biden (2022), and Moody v. NetChoice, LLC (2022) \u2014 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, \u201cReport of 221 New York Times Company v. United States.", "mime": "application/pdf"}, {"id": "blj-584", "words": "8097", "extension": ".pdf", "flesch": "47", "author": "Block, Daniel", "title": "The Halachic Mandate for Gender Affirming Care: Examining the Potential Efficacy of Religious Liberty Claims made by Jewish Health Care Providers", "date": "2023", "keywords": "act; brandeis; care; code; court; exercise; gender; issue; journal; law; state; title; u.s; university; volume", "summary": "The existence of a secular exemption for individual doctors providing care to children with \u201cmedically verifiable conditions\u201d 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\u2019s existence, the Court refused to rule in favor of claimants petitioning against religiously inhibitory statutes.231 The Court reasoned that making a citizen\u2019s \u201c...religious beliefs superior to the law of the land\u2026\u201d 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).", "mime": "application/pdf"}, {"id": "blj-634", "words": "869", "extension": ".pdf", "flesch": "35", "author": "Manager, Brandeis Law Journal", "title": "Frontmatter", "date": "2023", "keywords": "brandeis; journal; law; university", "summary": "Professor Daniel Breen Senior Editors: Grace Ahlin, Daniel Block, Gianna Bruno, Lauren Davis, Julia Fair, Peyton Gillespie, Emanuel \u201cManny\u201d 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\u2019s Letter \u2026\u2026...\u2026..\u2026.\u2026\u2026\u2026\u2026\u2026\u2026\u2026...\u2026\u20265 Necessities to Life: The Fundamental Rights to Clean Water and Clean Air, Sophia Reiss\u2026\u2026\u2026\u2026\u2026.\u2026\u2026\u2026\u2026\u2026..\u2026\u2026...6 What Would Happen If\u2026?, Gianna Bruno\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026...\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026...24 Op-ed: A Country of Immigrants, but not in Their Favor, Lauren Davis\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026...35 \u201cThe Family Separation Crisis That No One Knows About\u201d 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\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026\u2026\u2026.\u202673 Qui Tam: An Ingenious Bulwark Against Fraud, Tavorr Vaxman-Magid\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..\u2026\u2026\u2026\u2026..86 Restricting Freedom of Speech: An Analysis of Censorship Cases in Relation to Misinformation during the COVID-19 Crisis, Anika Jain\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026.101 The Halachic Mandate for Gender Affirming Care: Examining the Potential Efficacy of Religious Liberty Claims made by Jewish Health Care Providers, Daniel Block ...\u2026\u2026\u2026\u2026\u2026.116 4 Brandeis University Law Journal Fall 2022, Volume 10, Issue 1 Editor-in-Chief\u2019s 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 \u201cManny\u201d Glinsky Gonny Nir Secretary Noah Risley Faculty Advisor Faculty Advisor Professor Rosalind Kabrhel", "mime": "application/pdf"}, {"id": "blj-722", "words": "479", "extension": ".pdf", "flesch": "54", "author": "Nir, Gonny", "title": "Editor-in-Chief's Letter", "date": "2023", "keywords": "journal; law", "summary": "Online Version -- Volume 10, Issue 2 Brandeis University Law Journal Spring 2023, Volume 10, Issue 2 Editor-in-Chief\u2019s Letter Dear Reader, Your Executive Board is proud to present the Spring 2023 issue of the Brandeis University Law Journal. These articles reckon with issues from the international community\u2019s capacity to hold nations accountable for potential war crimes to a historical review of New York state\u2019s conspicuous service laws, and an op-ed advancing an original super-statute that restores voting rights to the formerly incarcerated.", "mime": "application/pdf"}, {"id": "blj-723", "words": "9186", "extension": ".pdf", "flesch": "45", "author": "Nir, Gonny", "title": "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", "date": "2023", "keywords": "bertelsmann; co. kgaa; house; inc; llc; market; penguin; penguin random; random; schuster; simon; states; united; united states; viacomcbs", "summary": "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\u2019 focus from the sell side of a market to its buy side can bolster economic output and empower the labor force. I.", "mime": "application/pdf"}, {"id": "blj-724", "words": "6930", "extension": ".pdf", "flesch": "42", "author": "Weiner, Allison", "title": "The Russia-Ukraine Conflict: Obstacles to Accountability", "date": "2023", "keywords": "brandeis; court; icc; issue; journal; law; russian; spring; ukraine; university; volume; war", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-725", "words": "6114", "extension": ".pdf", "flesch": "52", "author": "Miller, Zachary", "title": "A Game of Telephone: The Evolution of Conspicuous: Service in New York State", "date": "2023", "keywords": "court; cplr; dolan; law; mcdonald; process; service", "summary": "Conspicuous service or \u201cnail and mail\u201d service are the final type of service. Conspicuous service entails a process server affixing notice upon a conspicuous part of the respondent\u2019s property and mailing a copy of the notice to the respondent\u2019s 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.", "mime": "application/pdf"}, {"id": "blj-726", "words": "3227", "extension": ".pdf", "flesch": "44", "author": "Samuels, Brandon", "title": "A Restoration of Voting Rights & Humanity", "date": "2023", "keywords": "act; law; laws; restoration; rights; voting", "summary": "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.", "mime": "application/pdf"}, {"id": "blj-728", "words": "10268", "extension": ".pdf", "flesch": "40", "author": "Reiss, Sophia", "title": "Regulation: Realities and Possibilities", "date": "2023", "keywords": "act; brandeis; companies; content; data; digital; doctrine; fairness; issue; journal; law; online; protection; public; regulation; section; spring; university; volume", "summary": "300 \u201cRed Lion Broadcasting Co., Inc. v. FCC, 395 U.S. 367 (1969).\u201d 299 \u201cRed Lion Broadcasting Co., Inc. v. FCC, 395 U.S. 367 (1969).\u201d 103 Brandeis University Law Journal Spring 2023, Volume 10, Issue 2 B. Section 230 \u2013 Current Regulation The next section of this paper centers on Section 230. Section 230 consists of six sections.318 Section 230 starts with Congress\u2019 findings and the legislators framing of the context 318 \u201c47 U.S. Code \u00a7 230 - Protection for Private Blocking and Screening of Offensive Material.\u201d 317 \u201cSection 230.\u201d 316 \u201cSection 230.\u201d 315 \u201cSection 230.\u201d 106 Brandeis University Law Journal Spring 2023, Volume 10, Issue 2 which inspired the law\u2019s creation.319 Congress explained the need for Section 230 as arising out of \u201c[t]he rapidly developing array of Internet and other interactive computer services\u201d which \u201crepresent an extraordinary advance in the availability of educational and informational resources to our citizens.", "mime": "application/pdf"}, {"id": "blj-729", "words": "37283", "extension": ".pdf", "flesch": "32", "author": "Nir, Gonny; Weiner, Allison; Miller, Zachary; Samuels, Brandon; Reiss, Sophia", "title": "Volume 10, Issue 2 (2023)", "date": "2023", "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", "summary": "https://www.nytimes.com/2021/03/25/technology/section-230-explainer.htm l. 350 Maria Alessandra Golino, \u201cAlgorithms in Social Media Platforms,\u201d 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 \u00a92023 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 \u00a92023 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\u2019s Letter......................................... 6 Articles Antitrust: What is it Good For?", "mime": "application/pdf"}]