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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.

Disclaimer

The contents of this publication do not necessarily reflect the views
or stances of the Brandeis University Law Journal Association nor of
the Brandeis University or of any individuals or groups associated
with either institution.

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Brandeis University Law Journal Fall 2022, Volume 10, Issue 1

Brandeis University Law Journal

FALL 2022 VOLUME 10 ISSUE/NO. 1

Copyright 2022 Brandeis University Law Journal

Editor-in-Chief
Sophia Reiss

Copy Chief Communications
Lauren Davis Gianna Bruno

Publisher and Treasurer
Josh Rotenberg

Layout Editor Content Editor
Emanuel “Manny” Glinsky Gonny Nir

Secretary
Noah Risley

Faculty Advisor Faculty Advisor
Professor Rosalind Kabrhel Professor Daniel Breen

Senior Editors:
Grace Ahlin, Daniel Block, Gianna Bruno, Lauren Davis, Julia Fair, Peyton
Gillespie, Emanuel “Manny” Glinsky, Lilah Goldberg, Gabby Grunfeld,

Elijah Herenstein, Josh Hopen, Lauren Lederer, Samara Miller, Gonny Nir,
Sophia Reiss, Noah Risley, Veronica Rojas, Josh Rotenberg, Sofia Siegel,

Rebecka Sokoloff, Claire Sterin, Oona Wood

Junior Editors:
Maria Antonio, Athena Bai, Osvaldo Carnalla, Tyler Carruth, Alex

Diamond, Alyssa Golden, Eamonn Golden, Kiah Holmstrom, Prateek
Kanmadikar, Ella Majeski, Saul Munn, Ellen Pehlivanian, Naomi Stephens,

Tavorr Vaxman-Magid, John Wang, Paul Weir

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Brandeis University Law Journal Fall 2022, Volume 10, Issue 1

TABLE OF CONTENTS

Editor-in-Chief’s Letter ……...…..….…………………...……5

Necessities to Life: The Fundamental Rights to Clean Water
and Clean Air, Sophia Reiss…………….……………..……...6

What Would Happen If…?,
Gianna Bruno……………………...………………………...24

Op-ed: A Country of Immigrants, but not in Their Favor,
Lauren Davis………………………………………………...35

“The Family Separation Crisis That No One Knows About”
How Our Flawed Legal and Prison Systems Work to Keep
Incarcerated Parents from Their Children, Jenna Blocher ......53

How has Covid Impacted the Call for Reform of the Criminal
Justice System?, Olivia Sinkoff…………………..……….…73

Qui Tam: An Ingenious Bulwark Against Fraud,
Tavorr Vaxman-Magid…………………………..…………..86

Restricting Freedom of Speech: An Analysis of Censorship
Cases in Relation to Misinformation during the COVID-19
Crisis, Anika Jain………………………………………….101

The Halachic Mandate for Gender Affirming Care: Examining
the Potential Efficacy of Religious Liberty Claims made by
Jewish Health Care Providers, Daniel Block ...…………….116

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Brandeis University Law Journal Fall 2022, Volume 10, Issue 1

Editor-in-Chief’s Letter

Dear Reader,

The Brandeis University Law Journal is proud to present our most recent
issue delving into legal developments. These eight rigorously-edited articles
show insightful research and prompt, vital discussions about contemporary
issues. The issue is written, edited, and collected by Brandeis University
undergraduates and unassociated with any law school. The articles cover
topics from examinations of potential environmental regulations to an
opinion on U.S. immigration law, and discussions of changes in criminal
law and health care law.

The Brandeis University Law Journal is accessible both in print and on our
website at https://brandeislawjournal.wordpress.com through an
e-publication and pdfs.

The work reviving the journal with all these talented people and those in the
past several years as the journal became reinvigorated has been a privilege
that I will cherish. With the graduation of myself and several current
editors, we confidently leave the journal in the capable hands of the new
leadership team.

A huge thanks goes to our incredible current leadership team especially our
new board members, writers, and editors. Their dedication, passion, and
creativity are evident throughout this issue and provide the foundation for
our publication. We also express our gratitude to the Allocations Board on
Student Union for providing us the necessary funding to print this issue.

Inspired as ever by Judah Marans’ foundational example, we continue to
grow the journal’s success. We greatly appreciate the support of our two
phenomenal faculty advisors, Professors Breen and Kabrhel. We really
appreciate all of their insight, advice, and support of our revival and
continuity.

Sincerely,

Sophia Reiss
Editor-in-Chief

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