Microsoft Word - LAW JOURNAL ISSUE 7_Final.docx


 

 

 

Journal Board 
2015-2016 

 

                                            Editorial Board 
 
 
                                   Zixuan Xiao                      James R. Hayward 
                                  Co-Editor-in-Chief                Co-Editor-in-Chief 
 
  
                   Eric Paik David Ritzwoller 
 Senior Editor Senior Editor 
 
 Xinyu Li Noah Lourie 
 Associate Editor Associate Editor 
 
 Holly Rutledge G. Amogha Rao 
                   Associate Editor                      Associate Editor 
                        
                   Jesse Chen Susie Zhao 
                   Associate Editor Associate Editor 
 

     
       Administrative Board 

  
 
                   David Ritzwoller                                            G. Amogha Rao 
                   Director of Finance                                             Director of Public Relations 
   

  



 

 

TABLE OF CONTENTS 
 

ARTICLES 
 

 
PREFACE…………………………………………………………………………………………1 
 
 
ANALYZING THE BIRTH OF “THE RIGHT TO PRIVACY” AND THE PROCESS 
BEHIND ITS LEGAL JUSTIFICATION……………G. AMOGHA RAO…………...………2 
 
 
HOG POLLUTION IN NORTH CAROLINA: POLICY AND LEGAL 
ANALYSIS ………………………...EMMA WHEELER.............................................................9  
 
 
THE BRANDEIS DEJA VU: LOOKING AT THE THEN AND NOW OF MEDIA 
PRIVACY…………………………………………ERIK PAIK……………………………….22 
 
 
 

FEATURES 
 

 
ELECTION 2016: IS TED CRUZ ELIGIBLE TO RUN FOR PRESIDENT OF THE 
UNITED STATES? ……………………………………......NOAH LOURIE…………..........32 
 
 
INTERNATIONAL LAW: THE LEGACY OF THE INTERNATIONAL CRIMINAL 
TRIBUNALS AND THE ROLE OF COMMUNICATION…...HOLLY RUTLEDGE…....45 

 
 

COMPARATIVE LAW: IN SEARCH OF A MUSLIM IDENTITY BETWEEN THE TWO 
EXTREMES OF SECULARISM AND RELIGIOUS LAW…. G. AMOGHA RAO……….54 
 
 
SUPREME COURT ROUNDUP…………………JESSE CHEN…………………………...60 
 
 

 

 
 



 

  

The Brandeis University Law Journal is now accepting submissions for its next issue. 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. 

 

Copyright © 2016 

by the Brandeis University Law Journal Association 

 

All rights reserved 

 

 

No part of this publication may be reproduced in any form except for brief extracts for scholarly 
or critical purposes or for the purpose of review, without the prior written permission of the 
authorized individual or individuals of the Brandeis University Law Journal Association. 
Contact brandeisuniversitylawjournal@gmail.com 

 

 

Printed in the United States of America 

 

 

facebook.com/BrandeisLawJournal 

 

 

 

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

 

 



 

  

PREFACE 

Dear Readers, 
 

We are proudly to present to you the seventh volume of the Brandeis University Law 
Journal. This edition covers, by far, the most diversified content in the history of this publication. 
Besides articles discussing the current legal affairs in the United States such as environment and 
privacy laws, you will also find pieces about the legal issues concerning Muslims in postcolonial 
India, discussion on the international criminal tribunals and the 2016 U.S. presidential election. 
Continuing the efforts of our predecessors, we are committed to making the content of our journal 
more accessible for our readers, while keeping its longstanding academic rigor. We hope reading 
this volume is not only an experience that is academically informative and rewarding, but also 
enjoyable and fun. 

 
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 is honored to participate in this very special occasion by 
contributing a special edition to the "Louis D. Brandeis: An Inspiring Life” digital exhibition, an 
effort of the Brandeis Archives & Special Collections for the celebration of the anniversary. We 
especially would like to thank Zoe Waldman, who kindly invited us to contribute, for her trust and 
extremely hard work that made the special edition happen. 

 
We would also like to thank everyone who served on the editorial as well as administrative 

board this year. Their diligence and passion for the law are the foundation of this publication. We 
would also like to congratulate our new Co-Editors-in-Chief, Dustin Fire and Noah Lourie. We 
wish them best luck in their effort to provide the Brandeis Community with a forum for rigorous 
academic discourse, facilitating the appreciation of intellectual clarity, and the pursuit of truth. 

 
Finally, we want to dedicate this Journal to the memory of its founder, Judah Marans. 

Judah was a scholar, leader, and friend. His pioneering work to create the Brandeis University Law 
Journal touched the lives of many students, and still continues to impact campus life today. His 
efforts to provide a forum for legal discussion have grown for seven years since the journal’s 
inception and is more vibrant than ever. We extend our deepest sympathies to his family and 
friends throughout the Brandeis community. May his memory be a blessing.  
 
 
 
 
 

 
Sincerely,  
James R. Hayward and Zixuan Xiao  
Co-Editors-in-Chief