





































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.
His creation of the Journal enables and empowers us to do our work and
learn  today.  We  are  honored  to  continue  this  legacy  and  maintain  this
incredible  and  vibrant  forum  for  legal  discussion  and  debate.  Judah’s
contribution  to  the Brandeis  community  will  forever be remembered and
greatly appreciated.  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.

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.

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 inquiries to deislawjournal@gmail.com 
and visit our website at https://brandeislawjournal.wordpress.com 

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


Brandeis University Law Journal      Fall 2021, Volume 9, Issue 1

Editor-in-Chief’s Letter

Dear Reader,

The Brandeis University Law Journal is proud to present our most recent 
issue delving into current events and legal developments. These seven 
rigorously-edited articles showed innovation, passion, and energy from our 
incredible writers. Through their powerful insight and perspectives, the 
articles showcase possibilities for the future development of the legal arena. 
The issue is written, edited, and collected by Brandeis University 
undergraduates. The articles cover topics from an examination of the right to
dignity and a review of our University’s namesake Justice Louis D. 
Brandeis’s own relationship to privacy rights, to research on hate crimes and
discrimination within the criminal justice system.

Like our Spring 2021 issue, the Brandeis University Law Journal is 
accessible both in print and e-publication on 
https://brandeislawjournal.wordpress.com. Our journal expanded operations 
this year as well through an outreach and events partnership with the newly 
revived Brandeis Pre-Law Society. We are grateful for their help and look 
forward to working together moving forward.

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.

Inspired as ever by Judah Marans’ foundational example, we continue to 
grow the journal’s success. 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.

Sincerely,

Sophia Reiss
Editor-in-Chief

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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

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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

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