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Brandeis University
Law Journal

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Issue 8, Volume 8, Spring 2021
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Dear Reader,

After a yearlong revival process, we at the Brandeis Law Journal are proud to present our first
issue in nearly 5 years. In this new world of virtual classes, the Brandeis Law Journal was
uniquely positioned to continue work towards our publication. These seven rigorously-edited
articles showed unique creativity, dedication, and insight from our incredible writers. They offer
perspectives and analyses of legal issues which are important to our students. The issue is written
and edited by undergraduates. They cover topics ranging from prisoners’ voting rights to the
right to privacy in the 21st century including a discussion of a potential right to internet access.

In addition to our print publication, the Brandeis University Law Journal is also presenting our
publication through an online format: Issuu. The e-publication is linked through our new website
at https://brandeislawjournal.wordpress.com. Our online presence is especially important going
forward as the world is becoming increasingly digitally connected.

I would like to thank our incredible leadership team, writers, and editors. Without all of their
work, this revived publication would not have been possible. Their dedication, passion, and
creativity are evident throughout this issue and provide the foundation for publication. I would
like to give great appreciation to Emma Fiesinger and the Allocations Board on Student Union
for providing us the funding necessary to print this edition.

I would like to extend a special thanks to Cat Gibson and Lucy Pugh-Sellers, my former fellow
Co-Editors-in-Chief. Congratulations on your graduations and we wish you all the best in your
post-graduate careers. They inspired our current revival and conducted the crucial outreach to
start the publication process. We owe our success and ability to publish this issue and build our
club to them.

Through their inspiration, we have gathered a new team of editors and administrators to maintain
our club and continue to build on our success. I hope to create partnerships with other law
journals and to create a mentorship program within the Brandeis community in the coming year
and beyond to continue to build on the wonderful club. We look forward to our continued work
supported by two phenomenal advisors, Professors Kabrhel and Breen. We really appreciate all
of their insight, advice, and support.

This revived publication is dedicated to the memory of Judah Marans ‘11, our inspirational
founder who created an incredible foundation on which the Brandeis Law Journal is able to
thrive even during the current pandemic environment. His creation of Journal enables and
empowers us to do our work and learning today. We are honored to continue this legacy and
maintain this incredible and vibrant forum for legal discussion and debate. We extend our
deepest sympathies to his family and friends throughout the Brandeis community. May his
memory be a blessing.

Sincerely,

Sophia Reiss

Editor-in-Chief

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https://brandeislawjournal.wordpress.com/


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. Judah’s contribution to the Brandeis

community will forever be remembered and greatly appreciated.

The Notorious RBG: May Her Memory Be For A Blessing
March 15, 1933- September 18, 2020

Cat Gibson1

The first time I most likely heard Ruth Bader Ginsburg’s name was probably in the wake
of the Obergefell v. Hodges decision. Decided in the summer of 2015, Obergefell v. Hodges2

recognized the right for same-sex couples to marry, and amongst the pictures of happy couples
kissing, getting married, carrying rainbow flags, and celebrating the hard-won recognition of a
human right, I was most struck by the images of an elderly Jewish woman I saw in my social
media and news feeds amongst the celebrations of love. Often adorned with a crown, and
sometimes captioned with the title “The Notorious RBG,” it was clear that somehow, this woman
had done something to influence all those celebrations. My high-school self couldn’t help but
wonder how this woman had been elevated to the level of popular culture icon, clearly beloved
by young and old alike?

I can’t remember the google searches I’m sure I made as I tried to unravel the mystery of
who this woman was and how she’d amassed such a devoted fanbase, but I can remember feeling
an instant connection. On the surface, we had nothing in common: she was a northern, Jewish,
Supreme Court justice while I was a southern, catholic, high school student who was thinking
about a career in writing. I was determined NOT to go into law, because that’s what my father
did, and I didn’t want to just follow in his footsteps. But I somehow related to this woman’s spirit
even if I couldn’t relate to her background. She was only the second female United States
Supreme Court justice, and the first Jewish woman to be appointed. I read about how she had
fought for the rights of women and those societies commonly rejected and thought that maybe
law wasn’t completely off the table as I tried to prepare myself for a career which would allow
me to make a difference. I was in awe of her achievements and all that she’d managed to
accomplish in the legal landscape.

It wasn’t until I was buying my sister’s Christmas present about three years later that I
really began to appreciate her for not just the effect she had on the law, but more fully for who
she was as a person and the strength of her spirit. My sister and I had shared a love for the justice
and would send each other clips of her working out on television shows or text each other quotes

2 Obergefell v. Hodges, 576 U.S. 644, accessed January 24, 2021.

1 Undergraduate at Brandeis University, Class of 2021.

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that had been attributed to her. My sister was a social worker who at the time was working with
young kids, so when I saw a picture book about Ruth Bader Ginsburg3, I knew it would be the
perfect gift for her. After unwrapping the gift, my sister excitedly began to read it aloud. It’s
through this child’s book that I learned about how her mother had died the day before she’s
graduated from high school, how she’d gone to Cornell and then to Harvard, gotten married and
had a baby all before completing Law School, and how she took notes for her husband, who’d
been diagnosed with cancer. My admiration for her grew immensely not only knowing the
struggles she faced as a woman in a male-dominated field, but that she’d managed to emerge
stronger from so many personal tragedies.

I have been fortunate in that I set my eyes on the legal field at a time when there were
three women serving on the highest court in the United States at once, and Justice Ruth Bader
Ginsburg served not just to inspire me to pursue a career in the law, but many other women.
Even for those who are not seeking a career in law, her determination and brilliance serve as a
reminder that a determined woman can do whatever she sets her mind to. Furthermore, her
example serves as a testament to human’s capability for strength amongst adversity, regardless of
the gender one identifies as. She will not be forgotten by the many young people she inspired to
follow their selected career path regardless of the challenges or by the people whose rights she
managed to protect and recognize. She will be remembered for her strong dissents and her
championing of gender equality. In her own words, Ruth Bader Ginsburg expressed that "I would
like to be remembered as someone who used whatever talent she had to do her work to the very
best of her ability."4 I think it’s safe to say that she achieved her goal.

4 “In Honor of Her Honor | Cambridge College,” accessed February 8, 2021,
https://www.cambridgecollege.edu/honor-her-honor.

3 Debbie Levy, I Dissent: Ruth Bader Ginsburg Makes Her Mark (Simon and Schuster, 2016).

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Brandeis University Law Journal

VOLUME 8 SPRING 2021 ISSUE/NO. 8

Copyright 2021 Brandeis University Law Journal

Editor-in-Chief
Sophia Reiss

Copy Chief Publisher
Renée Nakkab Parker Tocci

Treasurer Communications
Josh Rotenberg Peri Ayzidor

Faculty Advisor Faculty Advisor
Professor Daniel Breen Professor Rosalind Kabrhel

Editors
Grace Ahlin, Peri Ayzidor, Gabi Burkholz, Lauren Davis, Cat Gibson, Renée Nakkab, Sophia Reiss, Josh

Rotenberg, Sofia Siegel, Claire Sterin, Parker Tocci, and Oona Wood

TABLE OF CONTENTS

The Fourth Amendment Judicial Understanding: Third Parties, Sophia Reiss…………………….…... 7

Lights, Camera, Action!: How Hollywood Avoided Eternal Federal Censorship, Renée Nakkab……. 13

Updating Our Rights With The Internet: Arguing the Necessity of a Fundamental Right to Internet
Access, Josh Rotenberg, ………………………………………………………………………………. 21

Does Innocence Matter In Criminal Appeals, Cat Gibson…………………………….……………… 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

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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. We hope to aid in the furtherance of Brandeis University’s motto of
“truth even unto its innermost parts” through publishing rigorously researched articles and
engaging in respectful, thoughtful, and insightful debates. This journal is both a publication and a
constant work in progress as we are grounded in an undergraduate academic environment and
constantly trying to learn, grow and improve. Our journal provides a platform for intellectual
growth and debate where academic scholarship can flourish. We focus on academic excellence
encouraging expressions of scholarship and encouragement of educational purposes.

SUBMISSIONS
Our journal requires all submissions of articles and abstracts to be:

1) Original and concerning the Brandeis community
2) Related to law and/or using legal reasoning.

Please include a title, author, and author’s biographical information (relation to Brandeis, etc).

We accept all submissions for publication at any time. We highly encourage undergraduate
scholarship. We will work with undergraduates interested in learning about legal writing,
research, and scholarship to develop these skills.

All those interested in involvement through writing, editing, or administrative roles are welcome.

Please send any questions, submissions, or inquires to brandeisulawjournal@gmail.com and

visit our website at https://brandeislawjournal.wordpress.com

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mailto:brandeisulawjournal@gmail.com
https://brandeislawjournal.wordpress.com

