Brandeis University Law Journal Fall 2022, Volume 10, Issue 1 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. 1 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 3 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 4 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 5