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 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…………………………...….…………………………………….… 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 4