PRE-LAW BOSTON UNIVERSITY’S REVIEW UNDERGRADUATE LAW JOURNAL E ST. 1 9 9 1 | ISSUE XXXV | VOLUME III | FALL 2020 DE EDITIONE [ABOUT THE PUBLICATION] EXECUTIVE The Boston University Pre-Law Review is a student-run law journal, open to all Boston University undergraduates. Founded in 1991, the Pre-Law Review has continued to foster awareness and provide commentary on major issues BOARD facing the law and the legal profession through its publication.The Pre-Law Review is published once per semester and features a wide range of topics, as our authors are given the freedom to write about anything as long as it pertains to the law. PRESIDENT All of our contributors and staff are undergraduates, many of whom will be applying to law school. However, the Pre-Law Review staff spans a variety EDITORIAL HYEI IN YOO COLLEGE OF ARTS & SCIENCES ‘21 of majors, schools, and class years, as no specific academic or experiential requirements are necessary to work on the Pre-Law Review. All that is expected of members is an interest in learning more about the law and a S TAF F VICE PRESIDENT commitment to furthering the publication’s objectives by contributing one TING WEI LI COLLEGE OF ARTS & SCIENCES ‘22 article per semester or assisting in the other aspects of the publication. EDITORS-IN-CHIEF HYEI IN YOO TING WEI LI SECRETARY YASHICA KATARIA COPY EDITORS COLLEGE OF ARTS & SCIENCES ‘23 KAITLYN DESOUZA (SENIOR) YASHICA KATARIA TREASURER JORDAN LEE REBECCA KIELAR ALIAH ZAHARAN QUESTROM SCHOOL OF BUSINESS ‘21 DREW DOWNING BELLA FONG JANKI BHATT MARKETING OFFICER SABRINA SCHNURR CONTENT EDITORS COLLEGE OF ARTS & SCIENCES ‘21 CARTER FARNSWORTH (SENIOR) PRE- ARIANNA ALMONTE SENIOR COPY EDITOR LEA KAPUR KAITLYN DESOUZA AYANNA MERRITT COLLEGE OF ARTS & SCIENCES ‘23 MADELINE HUMPHREY CHARLES MOORE L AW SENIOR CONTENT EDITOR CARTER FARNSWORTH LAYOUT EDITORS COLLEGE OF ARTS & SCIENCES ‘21 TING WEI LI (SENIOR) FRANCESCA PADILLA ACADEMIC ADVISORS KATHERINE MERRIMAN REVIEW YIRAN YU EDWARD STERN ASSISTANT DEAN OF PRE-LAW ADVISING RITA CALLAHAN-RALSTON PRE-LAW ACADEMIC ADVISOR INDEX 20 THE POLITICS & ETHICS OF STEM CELL REGULATION ALEXIS RINDNER (CAS ‘22) CAPITUM 21 THE EMERGING REGULATION OF AI IN PERSONAL DATA JOEL SHAPIRO (CAS ‘24) 22 UNDERSTANDING TITLE IX [ TA B L E O F C O N T E N T S ] MARINA SYLVESTRI (COM ‘20) 24 PROMISES MADE, PROMISES KEPT: SUPREME COURT FAVORS CREEK NATION LINCOLN SON CURRIE (COM ‘23) 26 MOTIONS FOR CHANGE OF VENUE IN CASES OF POLICE BRUTALITY CAMILLE OFULUE (CAS ‘24) 6 EVICTIONS DURING COVID-19 IN MASSACHUSETTS ANDREW DICKEY (CAS ‘20) 28 CLIMATE CHANGE & JULIANA V. THE UNITED STATES DELANEY SWANN (CAS ‘21) 7 AMERICA: IS IT A DEMOCRACY NO MORE? YASHICA KATARIA (CAS ‘23) 30 NAD V. NETFLIX: VIDEO CAPTIONS FOR THE DEAF COMMUNITY 8 TX HB25, COVID-19, & THE 2020 ELECTION LUTECE DEKKER (CAS / SED ‘22) NICHOLAS DIPAOLO (CAS ‘22) 31 THE IMPACT OF MASTERPIECE CAKESHOP V. 10 THE CONSEQUENTIAL RULING OF COLORADO CIVIL RIGHTS COMMISSION DHS V. THURAISSIGIAM MADELINE HUMPHREY (CAS ‘22) JOHNSON PEOW (CAS ‘24) 32 THE NEXUS OF POLITICS & PANDEMIC: 11 THE 2020 U.S. PRESIDENTIAL ELECTION: I.C.E. POLICIES ON INTERNATIONAL STUDENTS PROLONGED & PENDING YIRAN YU (CAS ‘23) FRANCESCA PADILLA (CAS ‘21) 34 HOW MOSAIC THEORY HAS BEEN INTERPRETED BY 12 WHAT EFFECT DO HUMAN RIGHTS & THE THE S.J.C. IN COMMONWEALTH V. MORA (2020) INTERNATIONAL COMMUNITY HAVE ON MAXWELL JAMES (QST ‘22) THE FATE OF UIGHURS? ALANNA HOFFMAN (CAS ‘24) 36 THE IMPACT OF IDEOLOGY OF THE SUPREME COURT ON ROE V. WADE 14 A CLOSER LOOK INTO HOW SOCIAL MEDIA IS HANNAH ZOBAIR (CAS ‘23) REGULATED: WHAT A LACK OF REGULATION MEANS FOR AMERICANS? 38 AN ANALYSIS OF DRONABINOL SCHEDULING JENNIFER RUDDMAN (COM ‘21) MACKENZIE LUBY (CAS ‘22) 16 DACA V. DEPARTMENT OF HOMELAND SECURITY 40 SECTION 232 OF THE TRADE EXPANSION LEVENT SEVER (CAS ‘22) ACT OF 1962: A REGULATORY LOOPHOLE? REBECCA KIELAR (CAS ‘23) 18 COPYRIGHT PROTECTIONS FOR SOFTWARE INTERFACES 42 TRUMP’S ATTEMPTED TIKTOK BAN: MATTHEW NADEAU (ENG ‘22) POLITICS OR SECURITY? ANNA JENSEN (PARDEE ‘23) COVID-19 CONSTITUTION E V I C T I O N S D U R I N G C OV I D-1 9 AM E R I C A: I S I T A D E M O C R A C Y I N M A S SA C H U S E T T S N O M O R E? BY ANDREW DICKEY (CAS ‘20) B Y YA S H I C A K ATA R I A ( C A S ‘ 2 3 ) B We have no real idea of the level of back to the economy, an important first step.11 Governor Baker has made Freedom of speech, liberty, and justice Voting issues aren’t the only ones cur- B O destruction that the coronavirus pan- dichotomy in the recovery emerges. no indication that he is pursuing more for all – we continue to hear and say rently plaguing the people. The passing SOURCES O S S demic has brought to our lives, wheth- Service industries have been slower funding, even though his stated goal these phrases, but have they started to of Supreme Court Justice Ruth Bader T 1. Foodman, Julia. “A History of Third Party and Indepen- T O er personally, economically, or cultur- to recover than others, and these are is to allow tenants to remain in their lose their significance? Since the 2016 Ginsburg led to the current president dent Presidential Candidates.” FairVote, July 16, 2019. O N ally. The reason we cannot determine primarily worked by minority groups homes.12 Housing advocates and Presidential election, the question of Donald Trump appointing Judge Amy https://www.fairvote.org/a_history_of_independent_presi- dential_candidates. N the extent of the damage is because that are already overrepresented in Governor Baker both agree that the whether the United States of America is Coney Barrett before the 2020 elec- 2. Ibid. U it ripples throughout our communities Massachusetts’s COVID-19 statistics eviction crisis created by the corona- a democracy or not has been brought tion, deeply shifting what the American 3. Rao, Ankita, Kim Kelly, Pat Dillon, and Zak Bennett. “Is America a Democracy? If so, Why Does It Deny Millions U N to the forefront. With the 2020 election people thought they knew. Was the N I and lives, creating effects that have an in terms of cases and deaths.6 The virus pandemic must be addressed, the Vote?” The Guardian. Guardian News and Media, I ever-increasing impact on our lives. disproportionate effects of the pan- but have arrived at a crossroads when right around the corner, this question is United States of America ever intend- November 7, 2019. https://www.theguardian.com/us- V news/2019/nov/07/is-america-a-democracy-if-so-why- V more imperative than ever before. ed to be a democracy? When the U.S. does-it-deny-millions-the-vote. E The virus necessitated the lockdown, demic on these minority communities it comes to what exactly should be E R was founded, limits were placed on the 4. Ibid. R which in turn caused unemployment, are compounded with rent inequality done. However, as the pandemic puts 5. Ibid. S A large issue is that representation has public’s influence on government, since 6. “Origins and Development.” U.S. Senate: Origins and S which brought on financial strain for that existed before the pandemic. In more and more financial strain on al- I decreased in several ways. Despite in- their views could only create change Development, April 13, 2020. https://www.senate.gov/ I T many families. As a result, thousands predominantly minority communi- ready struggling citizens, finding an creasing population growth, the limit on through representatives.6 Throughout artandhistory/history/common/briefing/Origins_Develop- T ment.htm. Y of families in Massachusetts lack the fi- ties such as Dorchester, Roxbury, and appropriate solution is paramount. the number of members in the House the 19th century, egalitarian views be- 7. Mounk, Yascha. “America Is Not a Democracy.” The At- Y nancial resources to pay rent.1 Massa- East-Boston, tenants paid a higher of Representatives has stayed the same. came increasingly popular, with citizens lantic. Atlantic Media Company, January 31, 2018. https:// www.theatlantic.com/magazine/archive/2018/03/ameri- chusetts Governor Charlie Baker had share of their income to rent than ten- Additionally, two of the last three U.S. starting to recognize that they should ca-is-not-a-democracy/550931/. 8. Ibid. created a moratorium that did pro- ants in wealthier neighborhoods did.7 SOURCES presidents elected failed to win the be more involved in decision making.7 6 vide the large protections that tenant As the economy recovers and even the popular vote.1 Furthermore, gerryman- This eventually led to senators being di- 7 1. Benfer, Emily A. “A Tidal Wave of Evictions Is Forming. advocate groups recommended, but 12-month moratorium expires, these It’s Not Too Late to Stop It - The Boston Globe.” Boston- dering, the redrawing of districts to fa- rectly chosen by the people instead of Globe.com. The Boston Globe, September 24, 2020. that moratorium expired on October minority groups will still struggle with 2. Greenberg, Zoe. “A ‘Debt Crisis’ among Renters Mounts vor one political party over the other by state legislatures by the Seventeenth P 17th 2020.2 At the expiration of the their disproportionately high rents. in Massachusetts - The Boston Globe.” BostonGlobe.com. remains a common practice in many Amendment in 1913. The United States P R The Boston Globe, October 13, 2020. R E moratorium, there was a split between Another group that would suffer under 3. Healy, Beth. “Gov. Baker Announces $171 Million Plan states.2 This combination of factors of America was intended to be a demo- E Governor Baker and 90 members of the moratorium would be small scale To Head Off Evictions - Less Than Advocates Wanted.” Gov. doesn’t particularly incite faith in de- cratic republic, not a democracy alone. Baker Announces $171 Million Plan To Head Off Evictions L the legislature regarding what should landlords. H.5018 contains a fund for - Less Than Advocates Wanted | WBUR News. WBUR, Oc- mocracy among the American public. L A happen next. Baker unveiled a 171 these landlords, but landlords worry tober 12, 2020. Although there has been an ongoing A 4. An Act to guarantee housing stability during the W Voter suppression has been a hot top- discussion for decades about equal W million dollar aid plan for tenants and that no money has been assigned to COVID-19 emergency and recovery. Bill, Malegislature.gov landlords, while legislators sponsored this fund, and may never be.8 § (2020). https://malegislature.gov/Bills/191/H5018. ic surrounding the 2020 election, with representation in the United States of R 5. Ibid. R E H.5018.3 This bill would extend the 6. Edelman, Larry. “Massachusetts Unemployment Rate increasing uncertainty regarding the America, that has been put into ques- E V previous moratorium for either a year Governor Baker’s 171 million dollar Fell to 9.6 Percent Last Month as Employers Added Nearly validity of mail-in ballots that are being tion. Though it is near impossible to V 37,000 Jobs - The Boston Globe.” BostonGlobe.com. The I or until the COVID-19 state of emer- aid plan is designed to alleviate these Boston Globe, October 16, 2020; COVID-19 Inequities used more frequently due to the pan- have a perfect democracy, many con- I E Task Force, B. “Racial Data on Boston Resident COVID-19 demic. Over the years, stricter ID vot- tinue to question the validity of the la- E W gency was lifted.4 Both these plans problems, however tenant groups say Cases.” Boston.gov, April 9, 2020. W 7. Thompson, Isaiah. “In Massachusetts, An Uneven Im- er laws have been put in place which bels around us and how countries have attempt to tackle the economic issues it may not be enough.9 It only assigns pactFrom Rising Rents.” News. GBH, July 12, 2019. disproportionately affect Black and His- moved away from the label of “democ- presented by the coronavirus differ- $65 million to the Residence Assis- 8. Logan, Tim. “As Eviction Ban Continues, Small Landlords Feel the Squeeze - The Boston Globe.” BostonGlobe.com. panic citizens.3 Voter purging, a pro- racy” that was given to them in earli- ently, but the Massachusetts govern- tance for Families in Transition (or The Boston Globe, July 27, 2020. cess by which “officials scrub names er years. The United States of America ment has not made considerations for RAFT), which allows tenants to make 9. Healy, Beth. “Gov. Baker Announces $171 Million Plan from the voter rolls ostensibly to ensure may be a democratic republic by name, To Head Off Evictions - Less Than Advocates Wanted.” particular groups that are especially direct payments to their landlords. 10. Ibid people don’t vote twice and that people but has it lost its democratic nature? impacted by the COVID-19 pandem- Housing advocates believe that 200 11. Ibid. 12. Associated Press. “Mass. Ban on Pandemic Evictions, who have died or moved get removed ic. Currently, H.5018 is still under million dollars to RAFT would be ade- Foreclosures Ending.” NBC Boston. NBC10 Boston, Oc- from the rolls,” is a valid process, but tober 17, 2020. consideration in the Massachusetts quate to alleviate the financial issues a deeply concerning issue arises when legislature, but even with its passage, for both tenants and small scale land- eligible voters are removed from these certain groups in Massachusetts may lords.10 These advocates worry that rolls.4 This occurrence has been on the not be adequately protected.5 Governor Baker’s plan may not be rise throughout recent years.5 sufficient to fully support Massachu- As Massachusetts begins to add jobs setts’s tenants, and should only be a ELECTIONS SOURCES 1. Ingram, Keith. “Election Advisory No. 2020-29.” New T X H B 2 5, C OV I D- 1 9, & Law: HB 25 (2017) Elimination of Straight-Party Voting. Of- fice of Secretary of State for the State of Texas, September 17, 2020. https://www.sos.texas.gov/elections/laws/advi- T H E 2 02 0 E L E C T I O N sory2020-29.shtml. 2. “Straight Ticket Voting States.” National Conference of State Legislators, March 25, 2020. https://www.ncsl.org/ research/elections-and-campaigns/straight-ticket-voting. B Y N I C H O L A S D I PAO LO ( C A S ‘ 2 2 ) aspx. 3. Tex. All. for Retired Ams. v. Hughs, Civil Action USDC No. 5:20-CV-128, (S.D. Tex., Sep. 25, 2020). https://casetext. com/case/tex-all-for-retired-ams-v-hughs B 4. Samuels, Alex. “Bill to Abolish ‘One-Punch’ Voting Ap- B O In a vote largely divided along parti- signed HB25 into law on June 1st, et voting option, which expedites the proved in Texas House.” The Texas Tribune. May 6, 2017. O https://www.texastribune.org/2017/05/05/bill-would- S san lines, the Texas Legislature passed 2017, and the law went into effect process.14 abolish-one-punch-voting-approved-texas-house/. S T House Bill 25 (TX HB25) to eliminate on September 1st, 2020.6 As a result, 5. Tex. All. for Retired Ams. v. Hughs, Case 20-40643, (5th T O Cir., Sep. 30, 2020). http://www.ca5.uscourts.gov/opin- O the 100-year-old voting practice of the Texas Democratic Party (TDP) filed With Governor Abbott moving the ions/pub/20/20-40643-CV0.pdf N N straight-ticket voting.1 Outlawed in a lawsuit in March 2020 against the start date of early voting from Octo- 6. Samuels, Alex. “Bill to Abolish ‘One-Punch’ Voting Ap- proved in Texas House.” The Texas Tribune. May 6, 2017. U 41 states2, straight-ticketing voting Texas Secretary of State, the institution ber 19th15 to October 13th because https://www.texastribune.org/2017/05/05/bill-would- U N allows voters to simultaneously cast responsible for administering elec- of the COVID-19 pandemic,16 U.S. abolish-one-punch-voting-approved-texas-house/. 7. Tex. All. for Retired Ams. v. Hughs, Case 20-40643, (5th N I their votes for all candidates belong- tions in Texas, and challenged the law District Court Judge Marina Garcia Cir., Sep. 30, 2020). http://www.ca5.uscourts.gov/opin- I V ing to one party (the voter’s preferred as unconstitutional and in violation of Marmolejo of the Southern District of ions/pub/20/20-40643-CV0.pdf V E 8. Ibid. E R party) without reviewing the entire Section 2 of the Voting Rights Act of Texas ruled in favor of the Texas Alli- 9. Tex. All. for Retired Ams. v. Hughs, Civil Action USDC R No. 5:20-CV-128, (S.D. Tex., Laredo Division, Aug. 12, S ballot. With notoriously lengthy bal- 1965, which prohibits voting prac- ance for Retired Americans, only 18 2020). https://www.courthousenews.com/wp-content/up- S I lots that can sometimes “list as many tices that discriminate on the basis days before the start of early voting. loads/2020/09/Straight-party-voting-lawsuit.pdf I 10. Ibid. T as 95 races in a single county,”3 it is of race.7 The suit was dismissed on In her ruling, Judge Marmolejo cited 11. Ibid. T Y Y no wonder that nearly 64% of the to- June 24, 2020 for “lack of standing,” COVID-19 concerns related to in-per- 12. Tex. All. for Retired Ams. v. Hughs, Civil Action USDC No. 5:20-CV-128, (S.D. Tex., Sep. 25, 2020). https://case- tal votes in 2016 were casted utilizing meaning that the plaintiff was not son voting. She also adjudicated that text.com/case/tex-all-for-retired-ams-v-hughs 13. Ibid. straight-ticket ballots. 4 able to demonstrate harm from the the Republican-backed law would 14. Tex. All. for Retired Ams. v. Hughs, Civil Action USDC 8 law and was not the correct party to “impose a discriminatory burden”17 No. 5:20-CV-128, (S.D. Tex., Laredo Division, Aug. 12, 2020).https://www.courthousenews.com/wp-content/up- 9 On one hand, proponents of HB25 be appearing in court; TDP did not on African American and Hispanic loads/2020/09/Straight-party-voting-lawsuit.pdf believe the elimination of straight-tick- file an appeal.8 voters by diminishing opportunities for 15. “Important 2020 Election Dates.” Office of the Secre- tary of State for the State of Texas. https://www.sos.state. P et voting will lead to a more engaged these voters to participate in the polit- tx.us/elections/voter/important-election-dates.shtml#2020 P R and educated electorate, arguing that On August 12, 2020, the Texas Alli- ical process.18 Moreover, Judge Mar- 16. Abbott, Greg. “Proclamation by the Governor of the State of Texas.” Disaster Proclamation under Section R E voters should independently learn ance for Retired Americans were add- molejo found that the elimination of 418.014 of the Texas Government Code. Office of the E Governor for the State of Texas. October 1, 2020. https:// more about each proposal and can- ed to a revamped version of the law- a 100-year-old voting practice in the gov.texas.gov/uploads/files/press/PROC_COVID-19_ L L didate rather than solely relying on suit, claiming that the enforcement of middle of a pandemic had the poten- Nov_3_general_election_IMAGE_10-01-2020.pdf A 17. Tex. All. for Retired Ams. v. Hughs, Civil Action USDC A W their party affiliation. Furthermore, the HB25 would have a “disproportionate tial to further confuse voters during an No. 5:20-CV-128, (S.D. Tex., Sep. 25, 2020). https://case- W elimination of straight-ticket voting effect on the African-American and already confusing time. A three-judge text.com/case/tex-all-for-retired-ams-v-hughs 18. Ibid. R will necessitate voter examination of Hispanic populations,”9 as minorities panel from the Court of Appeals for 19. Tex. All. for Retired Ams. v. Hughs, Case 20-40643, R E each race, incentivizing better-quali- were more likely to “have less flexible the Fifth Circuit reaffirmed the district (5th Cir., Sep. 30, 2020) http://www.ca5.uscourts.gov/ E V opinions/pub/20/20-40643-CV0.pdf V I fied candidates to run, as the races job schedules”10 and “lack access to court’s decision on September 30th, 20. Ibid. I E will become more competitive. On child care assistance.”11 Similar to 2020.19 E W the other hand, those against HB25 the TDP, the plaintiff contended that W insist that the bill will cause longer the longer lines would prompt mar- The decision from the U.S. District waiting times at polling stations and ginalized communities to “leave poll- Court for the Southern District of Tex- will burden Texan voters, particularly ing-place lines”12 and “avoid voting as is consistent with the precedent set voters in African American and His- altogether,”13 violating the Fourteenth by the U.S. Supreme Court in Repub- panic communities. After the outbreak (equal protection under the law) and lican National Committee v. Demo- of COVID-19, those opposed to the Fifteenth (citizens cannot be denied cratic National Committee, preclud- bill would evolve their argument to the right to vote on the basis of race) ing the amendments of voting laws on also encompass concerns of safety Amendments of the U.S. Constitution. the eve of an election. 20 hazards emerging from longer lines In addition, the new plaintiff reassert- and increased exposure rates. 5 ed that Texan voters could be further exposed to COVID-19 by waiting in Nevertheless, Governor Greg Abbott longer lines without a straight-tick- CONSTITUTION ELECTIONS T H E C O N S E Q U E N T I AL R U L I N G O F T H E 2 02 0 U. S. P R E S I D E N T I AL D H S V. T H U R AI S S I G I AM ELECTION: PROLONGED & PENDING BY JOHNSON PEOW (CAS ‘24) B Y F R A N C E S C A PA D I L L A ( C A S ‘ 2 1 ) B In 2017, a Sri Lankan man named Vi- of law,” which requires, at the mini- tem already in place, Congress has Normally, United States elections are personal gain. The peaceful transfer of B O jayakumar Thuraissigiam crossed the mum: (1) notice; and (2) an opportu- the opportunity to draft and pass new concluded within twenty-four hours, but power from one president to another, SOURCES O S S southern border of the United States nity to be heard in an impartial tribu- laws as a response to the Supreme the 2020 election was an exception. The excluding the 1876 election, has always T 1. Parks, Miles. “New Poll: Americans Overwhelmingly Support T O (US) without proper documentation or nal.7 This Clause is not limited to US Court’s decision. Whether or not COVID-19 pandemic was one contributor been an unwritten norm; it is not explicitly Voting By Mail Amid Pandemic.” NPR. April 28, 2020. https:// O N inspection.1 After Customs and Bor- citizens; it also extends to aliens and Congress decides to exercise such to the lengthening of the election process. addressed in the Constitution.5 If President www.npr.org/2020/04/28/847383460/new-poll-ameri- cans-overwhelmingly-support-mail-voting-amid-pandemic. N der Protection officers arrested him asylum seekers.8 In Department of authority is up to them. State legislatures extended their ballot Trump does not win his lawsuits against 2. Itkowitz, Colby, Felicia Sonmez, John Wagner, and Emily U and placed him in expedited removal Homeland Security v. Thuraissigiam, rules to account for shelter-in-place orders the swing states, he may have another op- Guskin. “Trump Says He’ll ‘see What Happens’ on Election Results; Biden Makes Appeal to Black Voters in N.C.” The U N and personal preferences. This increased tion to defeat Biden. According to Article N I proceedings, he indicated a fear of the Supreme Court claimed that the Washington Post. September 23, 2020. https://www.washing- I persecution in Sri Lanka.2 An asylum decisions of executive officers “[were] the number of Americans who chose to II, state legislatures can appoint electors, tonpost.com/elections/2020/09/23/trump-biden-supreme- V court-live-updates/. V vote by mail or by absentee versus in per- which make up the electoral college, by 3. “Trump’s Election Legal Challenges: Where Do Things E officer determined he had not estab- due process of law” and that judicial E R SOURCES son. Thus, people casted their ballots ear- any manner they wish.6 Using political Stand?” The Guardian. November 19, 2020. https://www. R lished a credible fear of persecution, oversight was not necessary.9 Howev- theguardian.com/us-news/2020/nov/19/trump-election-re- S lier to make sure they arrived at the polling connections and party loyalty, President sult-biden-legal-challenges. S which was affirmed by a supervisor er, this might not be considered due 1. United States Department of Homeland Security v. Thu- I raissigiam, 917 F.3d 1097 (9th Cir. 2019). offices on or before November 3rd.1 Trump can go to Republican state legisla- 4. Pruitt, Sarah. “How the 1876 Election Tested the Consti- I T and an immigration judge.3 Thuraissi- process of law because Thuraissigiam 2. Ibid. tors and persuade them to appoint elec- tution and Effectively Ended Reconstruction.” History.com. T January 21, 2020. https://www.history.com/news/reconstruc- Y giam promptly filed a habeas corpus did not have a hearing on his right to 3. Ibid. 4. Ibid. However, a less obvious contributor to a tors who agree that the election has been tion-1876-election-rutherford-hayes. Y petition in federal district court, argu- remain in the US prior to filing a ha- 5. Ibid. prolonged election season was the presi- rigged. The electors would represent the 5. Gellman, Barton. “The Election That Could Break America.” The Atlantic. September 23, 2020. https://www.theatlantic. 6. Ibid. ing that the asylum officer’s expedited beas corpus petition.10 7. U.S. Const. Amend. V, § 4; Mullane v. Central Hanover dential incumbent himself, Donald Trump. outcome of what President Trump thinks com/magazine/archive/2020/11/what-if-trump-refuses-con- cede/616424/. removal order violated his constitu- Bank & Trust Co., 339 U.S. 306 (1950). At a White House news conference on would have happened if the ballots were 10 tional rights.4 Further concern lies in the potential 8. Ibid. 9. United States Department of Homeland Security v. Thu- September 23, 2020, President Trump legal and untampered with.7 6. U.S. Const. art. II, § 1. 7. Gellman, Barton. “The Election That Could Break America.” 11 The Atlantic. September 23, 2020. https://www.theatlantic. overexertion of power by one branch raissigiam, 917 F.3d 1097 (9th Cir. 2019). was asked if he would agree to a peaceful com/magazine/archive/2020/11/what-if-trump-refuses-con- 10. Ibid. After a back and forth battle between of government. The Supreme Court’s 11. Ibid. transfer of power. He replied, “Well, we’re This election outcome would likely differ cede/616424/. 8. Levitz, Eric. “How Democrats’ Reliance on Mail-In Vot- P the Southern California District Court assertion that the DHS did not violate 12. Ibid. going to have to see what happens.”2 from the results of the formal Election P ing Could Help Trump.” Intelligencer. September 18, 2020. R 13. Ibid. R E and the Ninth Circuit Court of Ap- the Suspension Clause sets a new 14. Neuman, Gerald. “The Supreme Court’s Attack on Concerned with the validity of mail-in vot- Commission since many mail-in ballots https://nymag.com/intelligencer/2020/09/how-democrats-re- liance-on-mail-in-voting-could-help-trump.html. E Habeas Corpus in DHS v. Thuraissigiam.” Just Security, peals, the US Supreme Court heard precedent that expeditious remov- August 25, 2020. https://www.justsecurity.org/72104/the- ing, President Trump stated that if the elec- would no longer count, and Democrats 9. Land, Chris, and David Schultz. “The Unenforceability of L arguments on whether the Due Pro- al and unlawful detainment are not supreme-courts-attack-on-habeas-corpus-in-dhs-v-thurais- tion declared former Vice President Joe voted by mail-in ballots at a far higher the Electoral Count Acts Procedural Provisions.” Rutgers Jour- nal of Law & Public Policy 13, no. 4 (Fall 2016): 340-87. L sigiam/. A cess Clause and the Suspension the same.11 Justice Sonia Sotomayer Biden as the winner, he would be skepti- rate than Republicans did.8 With the hypo- doi:10.2139/ssrn.2721210. A W cal of the results. As pivotal swing states thetical existence of two slates of electors, W Clause had been violated in the case dissented from the majority opinion, of Department of Homeland Security warning that this ruling may affect were called in favor of Biden, resulting in Congress would have to decide which R R E v. Thuraissigiam.5 On June 25, 2020 the Judicial Branch’s ability to check Biden’s win on November 7th, President slate would most accurately represent the E V in a 7-2 majority decision, the High the Executive Branch and “perform its Trump immediately filed lawsuits against votes of the American people. Congress V I Court reversed the decision, remand- constitutional authority to safeguard these states for voter fraud. Although was given this power in 1877 by the Elec- I E many courts have dismissed the lawsuits, toral Count Act, which was used to prevent E W ed this decision to the Ninth Circuit individual liberty”.12 With reduced or W President Trump may not back down, even a repeat of the election between Hayes Court, and asserted that the Depart- eliminated court involvement, both when he appeals his way to the top.3 He and Tilden.9 However, if the new Congress ment of Homeland Security (DHS) had current and potential immigrants to may try to find a way to take back the remains split, meaning the Senate has a not violated the Due Process Clause the US might not be able to appeal to White House unconventionally through different majority than the House, there or the Suspension Clause.6 This ruling a court in response to an asylum offi- state legislatures. is no law in place to resolve a tie-break- significantly impacts both current and cer’s decision to expeditiously remove er. This election is still not finalized, and future immigrants to the US because them from the country.13 Gerald Neu- In the 1876 election, the two presiden- Americans may not know the results until it calls to question an immigrant’s op- man, a Professor of Law at Harvard tial candidates, Rutherford B. Hayes and the inauguration on January 20, 2021. portunity to appear in court under a Law School, worries that the Supreme Samuel Tilden, both refused to concede.4 writ of habeas corpus. Court’s decision “threatens the liberty However, neither candidate was an in- and safety of citizens and immigrants cumbent. In this election year, incumbent The Due Process Clause states that no alike”.14 Donald Trump could continue to refuse person shall be “deprived of life, lib- concession, thus changing the climate erty, or property, without due process Due to the checks and balances sys- of the electoral proceedings for his own of any unitary and rational state. With gic Policy Institute (ASPI) for libel be- I N T E R N AT I O N A L the rise of a bipolar power dynamic cause of their investigative papers on between the U.S. and China and the human rights violations in the Uighur subsequent classification of the U.S. as camps, exemplify such a philosophy W H AT E F F E C T D O a falling global hegemony, any small, on the impact of international law on attempted economic sanctions on foreign relations.16 Notable human H U M AN R I G H T S L AW S & T H E China lack enough influence to shift their political ideology. At the time that rights law cases can bring internation- al attention to a human rights contro- I N T E R NAT I O NAL C O M M U N I T Y H AV E the U.S. was fully becoming a global hegemon, the expansion of its sphere versy, potentially having the ability to promote democratic ideology through B O O N T H E FAT E O F U I G H U R S? of influence was previously initiated through imperialism or military force constructivist means and internal in- fluence of normativity changes, rather B O S (e.g., proxy wars or insurgency wars than through the use of hard power S T O BY ALANNA HOFFMAN (CAS ‘24) in the Middle East, etc.). It was mag- and external force. T O nified through American presence N N on international agencies, including U Chinese intelligence records reveal tional Security Act.6 Adoption of the nounce Islam and pledge loyalty to the U.N., and the U.S.’s humanitar- U N that more than 1 million Uighurs have law granted the Chinese government the Chinese Communist Party, as well ian initiatives like the Marshall Plan. SOURCES N I been imprisoned in “re-education the power to attain all private data as constant sleep deprivation, inter- Now, liberal institutions like the U.N. I V 1. Wood, Bryan. “What Is Happening with the Uighurs V E camps” since 2017.1 All of these— from companies and citizens that en- rogations, torture, surveillance, and and international courts that enforce in China?” PBS. Public Broadcasting Service, October 7, E R which are allegedly now constituted croached on the subject of terrorism. even nonconsensual abortions and human rights laws are more vital than 2019. https://www.pbs.org/newshour/features/uighurs/ R (accessed October 19, 2020). S as concentration camps—reside with- It also enforced criminal punishment contraceptives unto Uighur women in ever, but are also fraught with more 2. Maizland, Lindsay. “China’s Repression of Uighurs in S I in the northwestern Chinese province and fines on those who refused to order to permanently “purge the Mus- political conflict than ever. China’s fo- Xinjiang.” Council on Foreign Relations. Council on For- eign Relations. (accessed October 19, 2020). https://www. I T of Xinjiang.2 While many people in comply.7 As a result, in 2017, the lim minority.”12 T cus on defining human rights is in the cfr.org/backgrounder/chinas-repression-uighurs-xinjiang Y (accessed October 19, 2020). Y the Western world are oblivious to the Xinjiang government enacted a law context of the collective, which focuses 3. Ibid plight of Uighurs, there are approxi- forbidding male citizens from growing In a July 2019 letter to the U.N. Hu- on the well-being of the masses with- 4. Gohel, Sajjan M. “The ‘Seventh Stage’ Of Terrorism in China.” Combating Terrorism Center at West Point, Novem- mately 11 million members of the long beards and female citizens from man Rights Council, twenty-two Euro- in society, versus the U.S. believing in ber 16, 2017. https://ctc.usma.edu/the-seventh-stage-of- 12 Muslim minority group within Xinjiang wearing long burkas.8 Chinese gov- pean countries condemned the estab- more individual human rights and lib- terrorism-in-china/. 5. Ibid 13 alone.3 Forty-five percent of the re- ernment officials have since charged lishment of the camps as a violation erties. Additionally, China’s growth in 6. Xinhua News Agency. Anti-Terrorism Law of the People’s gion’s citizens are Uighur and contin- Uighurs with crimes such as attend- of human rights, and thirty-one coun- economic power makes other nations Republic of China. The State Council of the People’s Re- public of China, December 27, 2015. http://www.gov.cn/ P ue to identify with the previous Soviet ing mosques and reading Islamic tries (including the U.S.) described the hesitate to create conflict by revealing xinwen/2015-12/28/content_5028407.htm (accessed Oc- P tober 19, 2020). R nation-state of East Turkestan, rather texts, leading to their detainment into camps as a campaign of repression these human rights abuses and de- 7. China Law Translate. “Bilingual Counter-Terrorism Law.” R E than the traditional Han-Chinese cul- camps.9 at the U.N. General Assembly.13 As manding solutions. Both the varying China Law Translate. China Law Translate, August 14, E 2019. https://www.chinalawtranslate.com/bilingual-count- ture. Thus, the divide resulted in an of June 2020, the Trump Administra- cultural philosophies and China’s in- er-terrorism-law/?lang=en. L L A ethnonationalist cleavage within the Currently, the Chairman of the gov- tion passed the Uyghur Human Rights creased influence over other nations 8. Wood, Bryan. “What Is Happening with the Uighurs A in China?” PBS. Public Broadcasting Service, October 7, W state that has escalated political and ernment of Xinjiang, Shohrat Zakir, Policy Act with the hope that imposing heightens the instability within inter- 2019. https://www.pbs.org/newshour/features/uighurs/ W territorial conflict. says they are inspired by the UN Gen- economic sanctions on China would national courts and organizations, (accessed October 19, 2020). 9. Ibid R eral Assembly’s resolution on Global discourage continued human rights as well as negatively impacting those 10. Bo, Xiang, ed. “Full Transcript: Interview with Xin- R E jiang Government Chief on Counterterrorism, Vo- E Restrictions on the civil liberties of the Terrorism Strategy regarding terror- violations on the Uighur popula- organization’s legitimacy. However, cational Education and Training in Xinjiang.” Xin- V V I Uighur population began after a Ui- ism prevention, specifically through tion.14 Despite the collaborative effort as shown by the perpetual peace of hua, October 16, 2018. http://www.xinhuanet.com/ I english/2018-10/16/c_137535821.htm. E ghur militant group admitted respon- the government’s free educational of a majority of the most influential modern democracies today, norms 11. Ibid E W sibility for violent terrorist attacks in endowment.10 He claims they gen- democratic nation-states in the world established through legal means offer 12. Zenz, Adrian. “China’s Own Documents Show Poten- W tially Genocidal Sterilization Plans in Xinjiang.” Foreign Pol- 2013 and 2014.4 The first attack in erously provide Uighurs with an en- to dismantle the internment camps, a more influential and less harmful icy, July 1, 2020. https://foreignpolicy.com/2020/07/01/ 2013 sparked national outrage at the vironment where they can learn “the China has invested billions of dollars alternative to compliance with more china-documents-uighur-genocidal-sterilization-xinjiang/. 13. Wood, Bryan. What Is Happening with the Uighurs in threat of detonating explosives among country’s common language, legal throughout 2019 and 2020 into the authoritarian countries. Even without China? https://www.pbs.org/newshour/features/uighurs/. 14. “Uyghur Human Rights Policy Act of 2020,” n.d. civilians within Tiananmen Square. knowledge, vocational skills, along continual construction of now more an unipolar overarching power to en- https://www.congress.gov/116/plaws/publ145/PLAW- The second attack along the Kun- with de-extremization education.”11 than 380 documented camps.15 force compliance among competing 116publ145.pdf. 15. Buckley, Chris, and Austin Ramzy. “Night Images Re- ming railway station in 2014 caused Whereas Chinese officials assert the states, human rights law disputes in veal Many New Detention Sites in thirty-five deaths and 143 casualties, institution of Chinese anti-terrorist lit- This brings to light potential para- international courts can potentially in- China’s Xinjiang Region.” The New York Times. The New York Times, September 24, 2020. https://www.nytimes. prompting China’s leading legislative igation is for the common good and digm shifts in the application of law in troduce social transgressions through com/2020/09/24/world/asia/china-muslims-xinjiang-de- body, the National People’s Congress national security of Chinese citizens, foreign policy and international rela- the internalization of basic human tention.html. 16. Ibid (NCP), to develop anti-terrorism liti- many Chinese detainees who fled the tions. In the current, modern and glo- rights practices. Recent cases such as gation.5 In 2015, the NCP enacted a camp have described horrific condi- balized world, mass-scale war efforts the Chinese Communist Party’s dec- counter-terrorism law called the Na- tions. They reported coercion to de- would not be in the national interest laration to sue the Australian Strate- a significant factor in the effects the Situations like these proved to be tion for Computing Machinery, 2010. https://dl.acm.org/ T E C H N O LO GY platform has on its users. As research- more frequent in the critical months doi/10.1145/1753326.1753613. 15. Orlowski, Jeff, dir. The Social Dilemma. 2020; Netflix streaming service https://www.netflix.com/title/81254224. ers and medical professionals work to leading to the 2020 election.22 How- 16. Beauchamp, Michelle Bednarz. “Don’t Invade My Per- verify an explanation for the previous- ever, in the years that separated the A C L O S E R L O O K I N T O H OW sonal Space: Facebook’s Advertising Dilemma.” Journal of Applied Business Research 29, no. 1 (Jan, 2013): 91. ly mentioned statistics, data privacy elections of 2016 and 2020, social https://ezproxy.bu.edu/login?qurl=https%3A%2F%2Fwww. activists, like Harris, push to convince media consumers were largely un- proquest.com%2Fdocview%2F1426769633%3Faccoun- S O C I AL M E D I A I S R E G U L AT E D: individuals that user privacy has never been a priority of platforms such as protected from these messages as well as the data collection situation at tid%3D9676 17. Ru 683: FACEBOOK, SOCIAL MEDIA PRIVACY, AND THE USE AND ABUSE OF DATA, 115th Congress W H AT A L A C K O F R E G U L AT I O N (2018) https://www.govinfo.gov/app/details/CHRG- Facebook. large. As the United States continues 115shrg37801/CHRG-115shrg37801 18. Shane, Scott, and Vindu Goel. “Fake Russian Facebook to adapt to a world that is seemingly M E AN S F O R AM E R I C AN S? Accounts Bought $100,000 in Political Ads.” The New York B From the beginning, Facebook was always changing, federal regulations Times. The New York Times, September 6, 2017. https:// B www.nytimes.com/2017/09/06/technology/facebook-rus- O designed to gather private informa- and technology corporations should sian-political-ads.html. O S tion about its users while doing little keep the rights of consumers and the 19. Orlowski, Jeff, dir. The Social Dilemma. 2020; Netflix S T O BY JENNIFER RUDDMAN (COM ‘21) to safeguard it.15 Around two years protection of their data at the fore- streaming service https://www.netflix.com/title/81254224. 20. Greenberg, Pam. “2020 Consumer Data Privacy T O after the site’s inception, “users’ pass- front of their decisions. Legislation.” National Conference of State Legislatures, N September 10, 2020. https://www.ncsl.org/research/tele- N words were still being sent without en- communications-and-information-technology/2020-con- U Earlier this year, Tristan Harris, a for- tered on Facebook, former technol- fined as deliberate harmful behavior cryption, and thus could be easily in- sumer-data-privacy-legislation637290470.aspx. 21. Parks, Miles. “FACT CHECK: Russian Interfer- U N mer Google employee, released a ogy pioneers like Harris are teaming performed multiple times against a tercepted by a third party.”16 Although ence Went Far Beyond ‘Facebook Ads’ Kushner De- N I documentary-drama titled The Social together with scientists and research- defenseless individual via the inter- various privacy and data loopholes SOURCES scribed.” NPR. NPR, April 24, 2019. https://www.npr. I org/2019/04/24/716374421/fact-check-russian-interfer- V V E Dilemma which sheds light on the ers to examine how deep the effects net.10 In the year 2008-2009, 6% of such as this have since been correct- 1. Orlowski, Jeff, dir. The Social Dilemma. 2020; Netflix ence-went-far-beyond-facebook-ads-kushner-described. E 22. Miller, Greg. “As U.S. Election Nears, Researchers R ways in which Silicon Valley technol- of social media reverberate into our students ages 12-18 reported experi- ed, the reforms have only come at streaming service https://www.netflix.com/title/81254224. Are Following the Trail of Fake News.” Science Maga- R 2. “The Dilemma.” The Social Dilemma. Accessed October S ogy corporations have simultaneously society.6 encing cyberbullying. Ten years later, users’ recognition of the problem and 11, 2020. https://www.thesocialdilemma.com/the-dilem- zine, October 26, 2020. https://www.sciencemag.org/ S news/2020/10/us-election-nears-researchers-are-follow- I become integral and detrimental to Pew Research reported this statistic at demands for increased security. ma/ ing-trail-fake-news. I T 3. United States Senate Committee on Commerce, Science, T modern society.1 Harris, along with Jonathan Haidt, a social psychologist 59% among students ages 13-17.11 and Transportation. Facebook, Social Media Privacy, and Y Y twenty other former tech executives at New York University, cites the time When researching the effects of cy- In addition to these users’ demands, the Use and Abuse of Data Hearing. Washington, DC, 2018. and employees, argue that social me- between 2011 to 2013 as the first- berbullying in this age group, victims the United States Congress made an 4. Online Platforms and Market Power, Part 6: Examining dia corporations have “[given] bad time levels of self-harm among teen- of are twice as likely to self-harm and urgent appeal to Facebook for stricter the Dominance of Amazon, Apple, Facebook, and Google, 116th Cong. (2020) (Hearing Notice by Jerrold Nadler, 14 actors the tools to sow unrest and fuel age girls dramatically increased.7 Fur- almost three times as likely to attempt advertising regulations during multi- Chairman of the Subcommittee on Antitrust, Commercial, and Administrative Law of the United States). 15 political divisions,” across the United ther, Haidt explains that per 100,000 suicide compared to non-victims.12 ple congressional hearings regarding 5. Romm, Tony. “Facebook, Google and Twitter chief ex- States.2 girls aged 10-14, suicides rates have Working to substantiate the source individual privacy, data protection, ecutives to testify to Congress ahead of 2020 election.” The Washington Post, October 2, 2020. https://www.wash- P gone up 151% since 2009; for girls of these sobering statistics, research- and Russia’s role in the 2016 Presi- ingtonpost.com/technology/2020/10/02/senate-hear- P R This team of ex-technology workers is aged 15-19 those rates have in- ers in mental and public health have dential election. 17 18 The platform’s ing-election-censorship/ R 6. Clement, J. “Facebook: Active Users Worldwide.” Statis- E not the first to question the power of creased by 70% in the same time pe- conducted studies exploring the re- advertising regulations connect these ta, 10 Aug. 2020, www.statista.com/statistics/264810/ E social media corporations. Over two riod. Pointing to 2009 as the first-year lationship between social media us- three categories through the way ad- number-of-monthly-active-facebook-users-worldwide/. 7. Orlowski, Jeff, dir. The Social Dilemma. 2020; Netflix L L A years ago, members of Congress held that social media became available age, particularly Facebook, and de- vertisements themselves are directed streaming service https://www.netflix.com/title/81254224. A 8. Ibid. W a hearing that explored the connec- on mobile devices, Haidt singles out pression found that “depression has at users. Creating detailed records 9. Curtin, C. Sally and Melonie Heron. Death Rates Due to W tion between Facebook, social media Gen Z as “the first generation in his- a small and positive correlation with of who each user is and their hab- Suicide and Homicide Among Persons Aged 10-24: United States, 2000-2017. Centers for Disease Control and Pre- R privacy, and the abuse of data.3 Two tory that got on social media in mid- the amount of exposure to [social net- its on the platform, companies like R vention. October 2019. https://www.cdc.gov/nchs/data/ E E years later in July 2020, Facebook, dle school.”8 The Centers for Disease working sites].”13 Despite this positive Facebook sell this data to advertisers databriefs/db352-h.pdf V 10. Butler, Des. “Cyberbullying and the Law: Parameters for V I along with Amazon, Google and Ap- Control and Prevention confirms these correlation, no causal relationship where it is used in algorithms that di- Effective Interventions?” Reducing Cyberbullying in Schools. I E ple, was again at the center of Con- statistics reporting that in the decade can be established which prompts re- rect advertisements to screens that will Academic Press, January 5, 2018. https://www.sciencedi- rect.com/science/article/pii/B9780128114230000043. E W gress’s questions, this time regarding between 2007 and 2017, suicide searchers to dig deeper. generate purchases or shares. 19 11. Anderson, Monica. “A Majority of Teens Have Ex- W perienced Some Form of Cyberbullying.” Pew Research antitrust laws.4 On October 28th, the rates among persons aged 10-14 tri- Center: Internet, Science & Tech. Pew Research Cen- chief executive officers of Facebook, pled while growing 76% for persons Looking specifically at direct and pur- Yet, advertisements on social media ter, August 14, 2020. https://www.pewresearch.org/ internet/2018/09/27/a-majority-of-teens-have-experi- Google and Twitter were scheduled aged 15-19.9 poseful interactions between two indi- are not limited to pure consumer mes- enced-some-form-of-cyberbullying/. to virtually answer members of Con- viduals on Facebook, these research- sages, and with zero federal regula- 12. John, Ann, AC Glendenning, Amanda Marchant, Paul Montgomery, Anne Stewart, Sophie Wood, Keith Lloyd, gress’s questions regarding their Although social media’s emergence ers found that users who solely use tions on the data advertisers are able and Keith Hawton. “Self-Harm, Suicidal Behaviours, and “content-management practices” as on mobile devices correlates with the the platform to connect and interact to purchase, social media consumers Cyberbullying in Children and Young People: Systematic Review.” Journal of Medical Internet Research. JMIR Pub- well as potential changes to a federal rise in self-harm and suicide rates for with other individuals feel less lonely are left vulnerable.20 This situation led lications Inc., Toronto, Canada, 2018. https://www.jmir. org/2018/4/e129/. law that protects the executives’ liabil- young girls in 2009, there is nothing and more socially connected when to Congress’s report detailing how 13. Yoon, Sunkyung, Mary Kleinman, Jessica Mertz, and ity surrounding “the way they police to confirm causation. However, it’s compared to users who scroll through “Russia’s Internet Research Agency Michael Brannick. “Is Social Network Site Usage Related to Depression? A Meta-Analysis of Facebook–Depression Re- their sites and services”.5 clear that a different related force the platform without an intended pur- [IRA]” purchased normal advertise- lations.” Journal of Affective Disorders 248 (2019): 65–72. contributed to these statistics: cyber- pose.14 This data suggests that users’ ments and wrote their own content https://doi.org/10.1016/j.jad.2019.01.026. 14. Burke, Moira, Cameron Marlow, and Thomas Lento. With over a billion individuals regis- bullying. Cyberbullying is formally de- intended use of the platform may be while posing as American individals.21 “Social Network Activity and Social Well-Being.” Associa- CIVIL RIGHTS cious in violation of the Administra- tive Procedure Act (APA) and infringed continued or replaced with reformed immigration legislation. the equal protection guarantee of DAC A V S. D E PAR T M E N T O F the Fifth Amendment’s Due Process Clause.”12 This reasoning did not, H O M E L AN D S E C U R I T Y however, claim that the DHS and Trump administration did not have the SOURCES 1. Etienne Benson, “Rehabilitate or Punish?” American power to rescind the program. The BY LEVENT SEVER (CAS ‘22) decision made ultimately laid ground Psycho1. “Remarks by the President on Immigration.” The White House President Barack Obama Archives, June 15, 2012. The White House. https://obamawhitehouse. for a future change in or rescinding of archives.gov/the-press-office/2012/06/15/remarks-presi- B Created in 2012 under the Obama ple, the new conditions cut the dura- tutionality of this action to be widely the program. dent-immigration. 2. Ibid. B O administration, Deferred Action for tion of temporary immigration status questioned...”9 The greatest criticism 3. “Deferred Action for Childhood Arrivals (DACA).” United O S States Department of Homeland Security, September 23, S T Childhood Arrivals (DACA) aimed to to only a year at a time and rejected of the program was the lack of thor- On July 28, 2020, the DHS issued 2019. https://www.dhs.gov/deferred-action-childhood-ar- T O protect children who illegally came all new applicants, and accepted few- ough vetting of applicants. Because a new statement changing the terms rivals-daca. O 4. Electronic Immigration System (ELIS), and Comput- N to the United States before their 16th er renewal applications.5 Wolf’s re- the criteria for criminal action include and conditions of the program. One er Linked Application Information Management System N birthday. President Obama’s goal was strictive decisions for DACA put many only felonies and significant misde- of the changes was that DACA re- (CLAIMS3). “Up-to-Date Data Available for the Number U of Individuals with DACA Expiration on or after Mar. 31, U to allow young, talented people to stay hopeful Dreamers’ future into ques- meanors, applicants with a criminal cipients would have to reapply every 2020.” United States: USCIS, March 31, 2020. N N I in the country “without the shadow of tion. As the future hearings for DACA past could still get accepted. Accord- year instead of every two years.13 5. “Department of Homeland Security Will Reject Initial Requests for DACA As It Weighs Future of the Program.” I V deportation.”1 Obama’s reasoning approach, current Dreamers and ap- ing to the United States Citizenship Furthermore, the DHS stopped taking United States Department of Homeland Security, July 28, V 2020. https://www.dhs.gov/news/2020/07/28/depart- E was that “it makes no sense to expel plicants hope for a more certain future and Immigration Services (USCIS), any new applications, only accepting ment-homeland-security-will-reject-initial-requests-da- E R talented young people, who, for all in- in which future applicants of DACA of the 800,000 applicants, 7.76% of renewal applications.14 The quick re- ca-it-weighs-future. R S 6. Statement from President Donald J. Trump.” Statements S I tents and purposes, are Americans... will not face as much difficulty, while them were approved with an arrest in sponse following the Supreme Court & Releases, September 5, 2017. The White House.https:// I T to expel these young people who want the Trump Administration hopes to their record.10 decision brought Dreamers back to a www.whitehouse.gov/briefings-statements/statement-presi- T dent-donald-j-trump-7/ Y to staff our labs, or start new business- keep their promise of gradual “wind- state of uncertainty as they hoped for 7. Schulman, Kori. “Deferred Action for Childhood Ar- Y es, or defend our country...”2 To meet down of DACA” in order“to improve While there are criticisms of and is- more protection. However, the chang- rivals (DACA).” United States Department of Homeland Security, September 23, 2019. The White House. https:// DACA’s qualifications, an individual jobs, wages and security for American sues with the policy, thousands of es released by then Acting Secretary obamawhitehouse.archives.gov/blog/2010/12/18/pres- ident-obama-dream-act-my-administration-will-not-give. must have come to the US before his workers and their families.”6 undocumented immigrants who are Chad Wolf, were challenged due to 16 or her 16th birthday, were under the presently students and others have felt his status of Acting Secretary. In the Blog 8. “President Obama on the DREAM Act: “My Administra- 17 tion Will Not Give Up” The White House President Barack age of 31, resided in the United States Since the initiation of the program, more secure without the threat of de- following weeks, the Government Ac- Obama Archives, December 18, 2010. The White House. continuously since the 15th of June there has been a partisan split regard- portation. Many have praised the pro- countability Office (GAO) held a hear- 9. Ibid. 10. Computer Linked Application Information Manage- P 2007, enrolled in a school (or gradu- ing DACA. The Development, Relief, gram for giving future generations of ing to decide the credibility of Chad P ment System (CLAIMS), Electronic Immigration Systems R R E ated or received a GED certificate), or and Education for Alien Minors Act hopeful citizens to work in the United Wolf acting as Secretary and making (ELIS), and Customer Profile Management Service (CPMS). “Information on DACA Requestors Who Received an IDENT E were a honorably discharged veteran (DREAM) is a legislative proposal for States and contribute to the econo- changes to DHS programs on August Response, and the Number and Types of Offenses Associat- ed with an Arrest or Apprehension of a DACA Requestor..” L from the US armed forces. Along with young undocumented immigrants to my. DACA Dreamers have served the 14. The hearings concluded in August United States: United USCIS, 2018. L A these criteria, the conviction of a felo- receive similar protection and working nation with the military and become 2020 that “the subsequent appoint- 11. “Deferred Action for Childhood Arrivals (DACA).” Unit- A W ed States Department of Homeland Security, September 23, W ny or significant misdemeanor would rights in the United States as DACA first responders, doctors, and import- ments of Chad Wolf who assumed his 2019. R result in ineligibility.3 Currently, there does for people today.7 The idea of ant participants in the economy. Many position under such amendment was 12. Department of Homeland Security v. Regents of the Uni- R versity of California, 509 U.S. 6, 12 (2020) E are 643,560 DACA dreamers in the passing a DREAM Act was rejected believe that as DACA provides the also improper.”15 This decision pro- 13. “Department of Homeland Security Will Reject Initial E V US.4 by Congress multiple times. The DHS opportunity for more driven people vided temporary relief for applicants. Requests for DACA As It Weighs Future of the Program.” United States Department of Homeland Security, July 28, V I reported that the Obama adminis- to live and work in the United States, 2020. I E 14. Ibid. E W On June 18, 2020, the 5-4 deci- tration chose “overly broad [policy], DACA is beneficial to the country. Within the same month, on August 15. U.S. Government Accountability Office, Department of W sion of the Supreme Court brought and not intended to apply only to 24th Trump nominated Wolf for a Homeland Security – Legality of Service of Acting Secretary of Homeland Security and Service of Senior Official Per- a temporary ease to the anxiety of children.”8 Criticisms for the program When President Trump was elected permanent position as the Secretary forming the Duties of Deputy Secretary of Homeland Secu- the DACA recipients, nicknamed the ranged from criteria issues, to abuse into office, one of his initial promis- of the DHS following the GAO de- rity – Reconsideration, B-331650 (Washington, DC, August 14, 2020), 2-3, accessed October 15, 2020, https://www. Dreamers. The ruling successfully of executive power, to the broad vet- es was to terminate this program as cision. The continuous change sur- gao.gov/assets/710/708830.pdf halted termination of the program, ting system when checking the crim- flawed. After the DHS called to slow- rounding the DACA program has left removal of recipients, and rejection inal records of applicants. Many ly “phase out” the program in 2017, many Dreamers hoping for legislation of applicants. However, a month af- criticized the program for accepting many challenged the rescinding of that guarantees their status and safety ter the SCOTUS decision, Chad Wolf, applicants who were not children, as the program.11 This case went to the as legal working residents. Dreamers the acting secretary of Department of the age limit to apply for deferral was Supreme Court, and a decision was are left with the rules placed by Wolf Homeland Security (DHS) released a 31. Furthermore, many believed that reached in June 2020. The Court and Homeland Security, waiting on new memorandum, added exclusion- Obama’s executive action was an ruled that the reasons for which the the upcoming elections, as the future ary clauses and conditions that made abuse of power, as Congress rejected Trump administration cancelled the president will have an immense im- the process more difficult. For exam- it multiple times. This led the “consti- program were “arbitrary and capri- pact on whether the program will be T E C H N O LO GY is copyrightable under 17 U.S.C. 102(a) because the code is original. It points out that while the code may C O PY R I G H T P R O T E C T I O N S F O R have many standard descriptions, it is still over 30,000 lines of unique code. S O F T WAR E I N T E R FAC E S Oracle also mentions that there are many other companies like IBM, who pay Oracle to license the Java SE de- M AT T H E W N A D E AU ( E N G ‘ 2 2 ) claring code or companies like Apple, which successfully create applications B The United States Supreme Court API was under copyright and therefore to any “method of operation” that is with their own, entirely different, soft- B O hears relatively few arguments re- Google’s use of it in the development described or embodied in the original ware.10 O S S T garding intellectual property (IP) cases of Android was illegal.3 work of authorship.6 T O each year. While the number of cases Oracle also addresses the issue of fair O N remains low, the rulings the Supreme The federal district court ruled in Google argues that the Java APIs are use of the Java API, expressing that N Court Justices make in these cases Google’s favor, holding that APIs copyrightable under the merger doc- Google’s use of the implementing U U can have significant implications on cannot be copyrighted by a private trine and that its application of the code constitutes “superseding use,” N N I the manner in which tech companies entity because it would “stifle innova- API in Android constitutes fair use. which the Court has always ruled as I V can innovate and create new products tion and collaboration, contrary to the The merger doctrine states that when unfair use.11 Superseding use occurs V E and technologies. The most promi- goals of copyright.”4 Upon appeal by there is only one or a limited number when a work is recreated or reused E R nent IP case on the court’s docket for Oracle, the U.S. Federal Circuit Court of ways to express an idea, the expres- without adding any new meaning or R S S I the 2020–2021 term is Google LLC overturned the district court’s ruling, sion cannot be copyrighted because purpose. Oracle further warns the I T v. Oracle America Inc. This nine bil- claiming that Java APIs are copyright- it has become too intertwined with court that if Google’s action of copy- T Y lion-dollar copyright dispute between able, but it left questions concerning the idea itself.7 As it pertains to this ing declaration code constitutes fair Y the two tech giants has ignited a de- fair use up to the district court. Upon case, Google explains that the Java use, then it will “encourage copying” bate over the legality and fair use of returning to the district court, a jury API computer code cannot be copy- and “undermine the very incentive” copyright protections for software in- ruled that Google’s use of the Java righted because it is the only way to that copyright was intended to pro- 18 terfaces. API satisfied the fair use doctrine, but perform the functions associated with mote.12 19 the Federal Circuit overturned this the code. In other words, because The issue at the heart of this case in- ruling as well, prompting the U.S. this is the only code that Google Given the highly technological na- P volves the use of Java, a programming Supreme Court to grant certiorari to could use to create apps for Android, ture of this case, it is difficult to pre- P R R E language that is free for the public to Google.5 Certiorari is a court pro- it cannot be copyrighted by Oracle. dict what the justices will rule based E use. Sun Microsystems developed the cess in which a higher court provides Google asserts that even with a copy- on their political ideologies. No mat- L Java platform in the 1990s, and en- judicial review of a lower court deci- right, Oracle cannot prevent Google ter what conclusion they might come L A courages developers to learn the lan- sion. The primary questions the court developers from using the Java code to, the decision will ultimately set the A W W guage so that they can use Java’s Ap- will have to answer are whether copy- because that would be characteristic precedent for the future of the inno- R plication Programming Interface (API) right protections apply to software in- of a patent-like right.8 Therefore, Or- vation and development of high-tech R E declarations.1 These API declarations terfaces and whether Google’s use of acle’s claim to the copyright of what businesses. E V are used to access a library of prewrit- the Java software interface constitutes the code says and the functions it V I ten codes used to perform particular fair use. performs does not satisfy 117 U.S.C. I E E W tasks, allowing developers to create 102. W programs using the Java language. Even though the complicated nature Google utilized a number of Java API of the computer software prevents In regards to fair use, Google claims SOURCES declarations to build its smartphone the answers to these questions from that reusing software interfaces like 1. Adapted from Petitioner’s Brief, Google LLC v. Oracle and tablet platform, Android.2 By in- being obvious, there are two main the Java API has been “the long-set- America Inc., citation pending (2020). 2. Ibid. corporating these declarations, Goo- arguments that both sides illustrated tled practice” of the Supreme Court 3. Ibid. 4. Google LLC v. Oracle America Inc., citation pending gle developers were able to develop in the Supreme Court respectively. for decades.9 This precedent set by the (2020). Android in the Java programming Most of these arguments involve 17 Court is meant to encourage the de- 5. Ibid. 6. Subject Matter of Copyright - 117 U.S.C. § 102. language. Sun was pleased that Goo- U.S.C. 102(a) which states that copy- velopment of new computer software 7. Merger Doctrine Law and Legal Definition. Retrieved No- gle used Java to develop Android. right protections apply to any “orig- and new applications that enhance vember 23, 2020, from https://definitions.uslegal.com/m/ merger-doctrine/. However, once Sun was bought out inal works of authorship fixed in any the lives of the general population. 8. Transcript of Oral Argument at page 4, Google LLC v. by Oracle, Oracle decided to bring tangible medium of expression,” and Oracle America Inc., citation pending (2020). 9. Ibid, page 4. a copyright infringement suit against 117 U.S.C. 102(b) which clarifies that On the other side of the case, Ora- 10. Ibid, page 40. 11. Ibid, page 39. Google. Oracle claimed that the Java copyright protection does not apply cle contends that the Java API code 12. Ibid, page 40. T E C H N O LO GY T E C H N O LO GY THE POLITICS & ETHICS OF T H E E M E R G I N G R E G U L AT I O N O F S T E M C E L L R E G U L AT I O N AI I N P E R S O NAL DATA BY ALEXIS RINDNER (CAS ‘22) BY JOEL SHAPIRO (CAS ‘24) B Stem cell research has the potential bryonic stem cells “must have been highly politicized and polarizing. Stem The United States (U.S.) Federal Gov- For instance, predictive policing is an by AI.6,7 Additionally, there is also a bill B O to make great advances in medical discarded after an in vitro fertiliza- cell research can lead to significant ernment has passed three laws relating AI program used to identify individuals introduced in the Senate meant to es- O S S T research, with some touting it as a tion procedure, and the donors must advances in treatments for illnesses, to artificial intelligence (AI) which are likely to commit a crime again. Predic- tablish an Artificial Intelligence Advisory T O miracle cure. However, the scope of have been informed that the embryo but some people consider the cost relevant today: one defining AI, one tive policing is already used in multiple Committee to advise the Office of Sci- O N research is limited as it has become would be destroyed for stem cell re- of the destruction of an embryo to be to research autonomous vehicles (i.e. states with little regulation. Initially, this ence and Technology Policy.8 However, N a contentious political debate topic. search, and made fully cognizant of too great. With each new ruling, the self-driving cars), and one to allow the may sound like the miracle cure-all to these regulatory steps are not close to U U N From the Bush Era restrictions put on their choices.”5 Some lawmakers such future of stem cell research remains Federal Aviation Administration (FAA) crime. However, data fed into programs specific enough to prevent the misuse N I the funding of research to the U.S. as Congresswoman Diana DeGette unpredictable. to regulate AI in airlines. A few states, like COMPAS, a predictive policing pro- of AI. Policies the U.S. can implement to I V Court of Appeals ruling of Sherley v. praised the decision, while others specifically Nevada, Arizona, and Flor- gram, disproportionately target black protect citizens include policies oversee- V E Sebelius in favor of funding, stem cell such as former Speaker of the House ida, have passed local laws meant to people because the program notes that ing the use of data, forcing corporate E R research remains highly polarized to- John Boehner described the move as research autonomous vehicles as well.1 they are more likely to be stopped by the transparency, and sustainably support- R S day.1 rolling “back important protections SOURCES However, looking at the numerous laws police after being released from prison. ing the growth of AI while preventing S I I T for innocent life.”6 1. Sherley v. Sebelius, 644 D.C. Cir. 388 (2011). other countries are passing, most no- The program began to make claims that misuse. T 2. Stanford Children’s Health, “What Are Stem Cells?,” Y Stem cells are separated into two n.d.,https://www.stanfordchildrens.org/en/topic/de- tably the European Union’s General because of racist actions of the police, Y main categories: adult and embryon- Another point of contention for stem fault?id=what-are-stem-cells-160-38. Data Protection Regulation (GDPR), it black people should receive harsher While AI can be a force for monumental 3. Ibid. ic. Adult stem cells come “from fully cell research comes from the idea of 4. Julie Rovner and Jenny Gold, “Obama Lifts Lim- appears the U.S. is falling behind.2 The sentences.3 There are currently no laws good, it can also infringe on individual developed tissues such as the brain, reproductive cloning. In 2011, Fem- it On Funding Stem Cell Research,” March 10, 2009, U.S.’ inaction could lead to problems, in place at the state or federal level that rights. The lack of regulations on artifi- 20 skin, and bone marrow.”2 These stem inists Choosing Life of New York, https://www.npr.org/templates/story/story.php?story- Id=101653356. which lawmakers are simply ignoring. regulate predictive policing. cial intelligence, especially regulation 21 5. Shankar Vedantam, “Restrictions Are Eased for Research cells are more specific than embryon- Inc. sued the Empire State Stem Cell Using Embryonic Stem Cells,” July 7, 2009, https://www. The lack of a legal framework relating to related to data used in training AI and ic, meaning they will only generate Board for providing compensation to washingtonpost.com/wp-dyn/content/article/2009/07/06/ AI in the United States’ vehicular-based Many AI, in order to learn, will also mis- how AI can be implemented, may ulti- P AR200907002076.html. P other cells of the same type; brain women who donated embryos that 6. “Obama Lifts Limit On Funding Stem Cell Research.” legislation allows companies and mali- handle data. Many times, people will mately harm the U.S. as privacy viola- R R E stem cells will generate more brain would be used for stem cell research 7. Feminists Choosing Life of New York, Inc. v Empire State cious actors to take advantage of a key not even know that their data is being tions continue to mount. E Stem Cell Board 87 AD3d 47, (2011). cells. On the other hand, embryonic on the basis of the illegality of fund- 8. Ricardo Alonso-zaldivar, “Trump Halts Fetal Tissue part of daily life in an increasingly tech- used to train AI. The European Union’s L stem cells can generate different types ing reproductive cloning in New York. Research by Government Scientists,” June 6, 2019, https://apnews.com/article/39680703a5eb4caf90d- nology-based country: personal data. GDPR mandates that companies inform L A of cells, but the use of these is more Feminists Choosing Life of New York, 55ca75af64e50. Corporate and malevolent exploita- users of how their data is being used, A W W controversial due to their source. Em- Inc. v Empire State Stem Cell Board tion of data unregulated by the federal which is why there has been an uptick in SOURCES R bryonic stem cells come from “un- resulted in the exemption of stem cells government provides opportunities to websites that present users with a button R 1. Ahmad, Tariq; Soares. “Regulation of Artificial Intelli- E used embryos,” which are embryotic from being included as reproductive harm the American public through the along the lines of “Accept Cookie Us- gence: The Americas and the Caribbean.” Regulation of E V cells that do not develop into a fetus, cloning, therefore strengthening the infringement of privacy rights. ages”, but many American websites and Artificial Intelligence. Library of Congress, January 1, 2019. 2. European Parliament. 2016. General Data Protection V I bringing in moral, ethical, and legal legal case for embryonic stem cell re- companies still mishandle data because Regulation (GDPR). Official Journal of the European Union. I E 3. Friend, Zach. “Predictive Policing: Using Technology to E W issues of what constitutes a human search.7 Personally Identifiable Information (PII) is of lack of regulation. The American tech Reduce Crime.” Law Enforcement Bulletin. FBI, April 9, W being, often relating to the abortion data that is specific to you. Your name, company Amazon used voice data with- 2013. 4. Heaven, Will Douglas. “Predictive Policing Algorithms debate.3 More recently, in 2019, President age, email address, and even your face out users’ knowledge to train the Ama- Are Racist. They Need to Be Dismantled.” MIT Technology Donald Trump restricted research with act as your PII. With the advent of the in- zon Alexa.4 Additionally, Microsoft had Review. MIT Technology Review, July 17, 2020. 5. Wiggers, Kyle. “Why Companies like Amazon Manually During the Obama administration, fetal tissue by government scientists.8 ternet, PII is increasingly available to pri- to remove ten million photos meant for Review Voice Data.” VentureBeat. VentureBeat, April 15, federal funding for stem cell research Although the restrictions only affect- vate and public actors; thus, there is an facial recognition training due to ethical 2019. 6. Roberts, Jeff John. “Microsoft Removes Face Recognition increased as Bush-era restrictions ed non-privately funded research, the increasing likelihood that it will be mis- issues.5 Photos Amid Privacy Controversy.” Fortune. Fortune, June 10. 2019. were removed.4 The Bush adminis- decision was met with criticism from used. Artificial intelligence algorithms 7. California Consumer Privacy Act (CCPA).” State of Cali- tration restrictions only allowed for leaders on stem cell research. Before developed by private and public actors Few steps have been taken to protect fornia - Department of Justice - Office of the Attorney Gen- eral, July 20, 2020. https://oag.ca.gov/privacy/ccpa. funding if the cells were from a certain the move by the Trump administration, often infringe on privacy rights by mis- U.S. citizens from privacy issues. Most 8. Artificial Intelligence Initiative Act. Bill (2019). line, making it difficult to gain approv- fetal tissue was used for HIV vaccines handling PII. PII is fed into an AI-based notably, the California Consumer Pri- al for funding research. In 2009, the and treatments. program to “train” it, but often the data vacy Act (CCPA) is one of the few laws restrictions were lifted, and new rules can be incomplete, misrepresented, or about data regulation, which, when in- were put in place requiring that em- Stem cell research continues to be could result in problematic issues. terpreted loosely, could prevent misuse tal because testimony had established 11. Ibid L E G I S L AT I O N that the plaintiffs were members of 12. Ibid 13. Ibid 14. Arthur Beesley, “Is Brexit an Opportunity for Irish Law a successful varsity softball team in Firms?,” Financial Times, October 4, 2018, [Page #], 1992, and first-year females were in- U N DERSTAN DING T IT LE IX accessed March 1, 2020, https://www.ft.com/content/ e4881c22-9be2-11e8-88de-49c908b1f264. terested in playing varsity softball.18 15. Ibid The evidence convinced the Tenth 16. Ibid B Y M A R I N A SY LV E ST R I ( CO M ‘ 2 0 ) 17. Ibid Circuit that the plaintiffs would have 18. “Protocol on Ireland and Northern Ireland,” European carried the duty of justifying that their Commission, last modified November 14, 2018, accessed February 29, 2020, https://ec.europa.eu/commission/ interests and abilities had not been presscorner/detail/en/MEMO_18_6423. 19. “Protocol on Ireland,” European Commission. fully and effectively accommodated. Before 1972, only 1 in 27 girls played which removes a workplace barrier to that it has grown women’s opportu- 20. Campbell, “Brexit: What.” The Tenth Circuit reversed the deci- 21. Ibid B sports. Now, thanks to Title IX, that provide an individual with an equal nities as their interests and abilities 22. Ibid B O sion and ordered the reinstatement of 23. Ibid O number is up to two in five.1 Title IX opportunity to apply for a position, to have developed, which means adding S the team.19 24. Ibid S T states that “[n]o person in the United complete the fundamental duties of a women’s teams. Program expansion T O States shall, on the basis of sex, be position, or to obtain equal access to can also mean presenting further op- O It is cases like R oberts v. Colorado N excluded from participation in, be de- a benefit.8 After determining that the portunities on existing teams, but only N State Universitythat show the impor- nied the benefits of, or be subjected plaintiff’s claim centered on the par- if they are real opportunities where U tance of Title IX and efforts to keep U to discrimination under any education ticipation opportunities at C.S.U., the athletes receive coaching and prac- N federally funded institutions account- N I program or activity receiving Federal Tenth Circuit applied the three-part- tice.13 I able.20 Also, it is essential to note V financial assistance”.2 Although Title benchmark test.9 V that the law does not only apply to E IX has generated opportunities for Test three is the most common com- E R female students. Although Title IX was R more girls and women to play sports, The benchmark three-part test, the pliance process at the collegiate lev- S originally created to ensure equal S there have been between 125 and most essential Title IX athletics re- el. To satisfy test three, an institution I opportunities for women in sports, I T 150 Title IX complaints filed with the quirement, determines whether an offers every team for the underrepre- T it also applies to all forms of sexual Y U.S. Department of Education’s Of- institution is meeting Title IX proto- sented sex a prominent interest and Y harassment and assault, such as do- fice for Civil Rights per year since the cols.10 In addition to the three-part capability to build a team, and suffi- mestic violence, dating violence, and mid-90s.3 Approximately half of the test, which comes under the Title IX cient competition for that team in the stalking.21 It is an anti-discrimination complaints resulted in settlements, policy heading of the “accommoda- school’s specific competitive region.14 22 while the other half resulted in feder- tion of interests and abilities,” there law that goes far beyond the world of 23 sports and ultimately maintains equal al lawsuits.4 The rise of lawsuits and are twelve treatment issues. These In R oberts v. Colorado State University, opportunities and protection for a di- complaints illustrates the need for include scholarships, publicity, recruit- the first benchmark applied found that P verse population. P schools and athletic administrators ment, coaching, facilities, equipment, the 10.5% disparity between women’s R R E to establish a comprehensive un- scheduling, team travel, medical ser- enrollment and their athletic participa- E derstanding of the Title IX regulatory vices, tutoring, room and board, and tion did not constitute substantial pro- L framework. support services.11 The three-part test portionality.15 Therefore, C.S.U. failed SOURCES L A starts with the assumption that if men the first benchmark. The Tenth Circuit A W 1. “Brexit: The Facts,” The Irish Times, accessed February W An evaluation of this framework is evi- and women participating in the ath- affirmed the District Court’s decision 29, 2020, https://www.irishtimes.com/news/world/brexit/ R dent in R oberts v. Colorado StateUni- letics program is the same percentage that Colorado State University had not brexit-the-facts. R 2. “Brexit: The Impact on Ireland,” European Parliament, E versity, in which the central question as men and women enrolled in the a continued expansion in women’s last modified September 23, 2019, accessed February 29, E V of the case was whether defendants’ institution, compliance is presumed; athletics because they had not estab- 2020, https://www.europarl.europa.eu/news/en/head- lines/eu-affairs/20170925STO84610/brexit-the-impact- V I termination of the women’s softball test one is a check on proportional- lished a women’s team since 1977.16 on-ireland. I E 3. “Brexit: The Facts.” E W team either caused a violation of Title ity.12 However, proportion is not the Regarding the third benchmark, the 4. Ibid W IX or perpetuated an already existing sole solution because if one gender Tenth Circuit noted that the district 5. Cliff Taylor, “Brexit Explained: What Would a No-deal Brexit Mean?,” The Irish Times, April 30, 2019, accessed violation by it.5 Female members of competes at a rate less than their court erred in placing the responsibil- February 29, 2020, https://www.irishtimes.com/news/ the Colorado State University varsity enrollment rate (underrepresented), ity on the plaintiff to prove the univer- world/brexit/brexit-explained-what-would-a-no-deal-brexit- mean-1.3665568. softball team sought injunctive relief school officials have two options, tests sity’s third benchmark, but held that 6. Government of Ireland Department of Business, Enter- to prevent the school from discon- two and three, to show that their ef- the flaw did not constitute reversible prise and Innovation, Ireland and the Impacts of Brexit, comp. Alan Mathews and Joseph Francois, February 2018, tinuing their team.6 Colorado State forts did not cause the underrepresen- error. The Roberts Decision stated that accessed March 1, 2020, https://dbei.gov.ie/en/Publica- tions/Publication-files/Ireland-and-the-Impacts-of-Brexit. University claimed that the elimina- tation. plaintiffs carry the burden of proving pdf. tion did not violate Title IX and, there- both the first and third benchmarks.17 7. John Campbell, “Brexit: What Will Happen to NI after 31 January?,” BBC News, January 28, 2020, accessed Febru- fore, the court should not grant an Test two is applicable only if students If these burdens are satisfied, the uni- ary 29, 2020, https://www.bbc.com/news/uk-northern-ire- injunction.7 The United States Court of one sex are underrepresented, versity uses the second benchmark as land-51271807. 8. Government of Ireland Department of Business, Enter- of Appeals for the 10th Circuit had which is nearly always girls and wom- an affirmative defense. The Roberts prise and Innovation, Ireland and the Impacts. to determine if the central issue of the en in athletics programs. However, the Decision maintained that the district 9. Ibid 10. Government of Ireland Department of Business, Enter- case was an effective accommodation institution can pass test two by proving court’s misplaced burden was not fa- prise and Innovation, Ireland and the Impacts. CIVIL RIGHTS in their borders.”19 Gorsuch clarified that Acts of Congress are the only SOURCES source one needs to find a definitive P R O M I S E S M AD E & K E P T : S U P R E M E 1. McGirt v. Oklahoma, 591 U.S. __ answer on reservations because Con- 2. Ibid 3. Ibid gress is the only body with the power 4. Ibid C O U R T FAVO R S C R E E K NAT I O N to decide what is and what is not a reservation.20 5. Ibid 6. “U.S. Treaty with the Creek Nation.” Ratified July 19, 1866. Blackpast.org. https://www.blackpast.org/afri- BY LINCOLN SON CURRIE (COM ‘23) can-american-history/u-s-treaty-creek-nation-1866/ 7. McGirt v. Oklahoma, 591 U.S. __ In the conclusion of the majority’s 8. Ibid 9. Ibid opinion, Gorsuch wrote that Con- 10. Milner v. Department of the Navy, 562. U.S. 562 B The Supreme Court made the Unit- reservation on which McGirt’s crimes victions could well be thrown out.”14 B gress had diminished the size of the 11. Bostock v. Clayton County, 590. U.S. ___ O 12. McGirt v. Oklahoma, 591 U.S. ___ O S ed States government honor its word were committed, Roberts argued that Roberts’s dissent heightened consid- Creek Nation’s reservation over time, 13. Ibid S T in the McGirt v. Oklahoma ruling.1 the 1866 treaty’s reservation was no erations of the decision’s practical im- in addition to sometimes restricting 14. Ibid T 15. Ibid O In McGirt v. Oklahoma, the state of longer valid. Roberts pointed out plications, but the majority concerned and sometimes expanding the Creek 16. Ibid O N Oklahoma had convicted Jimcy Mc- that “until a few years ago the Creek themselves more with the statute’s Nation’s authority.21 But because 17. Ibid N 18. Ibid Girt, “an enrolled member of the Nation itself acknowledged that it no textual interpretation than the ruling’s Congress has never eliminated the 19. Ibid U 20. Ibid U N Seminole Nation of Oklahoma”2 of longer possessed the reservation the real-world consequences. When Gor- reservation, the reservation still exists. 21. Ibid N I severe sex crimes that occurred “on Court discovers today.”8 such acknowledged the “’practical The reservation’s existence clarifies 22. Ibid I V land reserved for the Creek since the advantages’ of ignoring the written that the Creek Nation and the feder- V E 19th century.”3 McGirt claimed that Gorsuch came to a different conclu- law,”15 he later stated that letting the E al government, not Oklahoma, have R R S the state of Oklahoma had no right sion. Gorsuch looked at the treaty in state of Oklahoma unlawfully deter- jurisdiction over the land where Mc- S I to convict him because he was un- isolation, and decided that the 1866 mine the parameters of a reservation Girt’s crimes occurred. Gorsuch fur- I T der federal and tribal jurisdiction, not treaty indeed created the reservation would be “the rule of the strong, not ther assailed the thinking that because T Y state jurisdiction, while he was within for the Creek Nation, and “because the rule of law.”16 Congress’s promise is so difficult to Y the boundaries of tribal lands.4 Congress has not said otherwise, we keep, the promise is okay to break. hold the government to its word.”9 Gorsuch acknowledged that “Con- “We reject that thinking,” Gorsuch 24 The first question the Court had to Gorsuch’s interpretation of the treaty gress has since broken more than a wrote.22 25 consider was whether or not McGirt’s is consistent with a textualist approach few of its promises to the Tribe,”17 but crimes occurred in an area outlined used by Justice Elena Kagan in Milner did not see this case as a reason to When Congress makes a promise, it by the 1866 treaty with the Creek v. Department of the Navy. In Milner, let Congress break another one. “If should be kept. That principle applies P P R Nation. Justice Neil M. Gorsuch ad- Justice Kagan wrote for the majority Congress wishes to break the prom- even, and perhaps especially, if the R E dressed this issue in the majority deci- that “[l]egislative history, for those who ise of a reservation, it must say so,”18 promise is difficult to keep. A history E sion in McGirt v. Oklahoma. “No one take it into account, is meant to clear Gorsuch wrote. The Court declined of broken promises does not justify the L disputes that Mr. McGirt’s crimes were up ambiguity, not create it.”10 Gor- to allow Congress to abdicate their next broken promise. Furthermore, the L A A committed on lands described as the such cited Kagan’s Milner opinion in responsibility and hand the issue off frequent breaking of a law does not W W Creek Reservation in an 1866 treaty the majority decision he wrote in Bos- to the Court, where judges serve life- nullify that law. Neither is a law nul- R and federal statute,” Gorsuch wrote.5 tock v. Clayton County, where he also time appointments and do not have lified if it is broken so frequently over R E The treaty to which Gorsuch referred used a textualist interpretation.11 In to worry about political backlash or such a long period that most people E V outlined a region in Oklahoma that McGirt v. Oklahoma, Gorsuch wrote reelection. no longer see it as breaking the law. V I I E would belong to the Creek Nation.6 that “there is no need to consult extra- E W The crimes McGirt committed un- textual sources when the meaning of Furthermore, Gorsuch wrote that the W doubtedly occurred in the boundaries a statute’s terms is clear.”12 Gorsuch power to determine whether or not outlined by the 1866 treaty.7 favored letting the statute stand for it- a reservation remains valid lies with self, and he attacked “the persistent if Congress. Though it may be conve- The second key question was wheth- unspoken message here seems to be nient for Oklahoma to shrink the size er or not the land outlined in the that we should be taken by the ‘prac- of reservations or eliminate them, 1866 treaty with the Creek Nation tical advantages’ of ignoring the writ- the state lacks the authority to do so. still counted as a reservation and was ten law.”13 Oklahoma has a say only through only subject to tribal and federal juris- their representation in Congress. diction. In his dissent, Roberts argued In his dissent, Roberts discussed the Oklahoma can claim no authority to that the “reservation” created by the potentially disastrous effects of the determine issues relating to reserva- 1866 treaty with the Creek Nation majority’s opinion, stating, “the State’s tions by itself. Gorsuch made clear no longer exists. Rather than arguing ability to prosecute serious crimes will that “States have no authority to re- that the 1866 treaty did not create a be hobbled and decades of past con- duce federal reservations lying with- CIVIL RIGHTS a community and necessarily will af- fect jurors’ decisions becomes more SOURCES difficult as the norm of reporting in the M O T I O N S F O R C H AN G E O F V E N U E community itself becomes increasingly sensational.”17 With social media, the 1. U.S. Const. amend. XI, § 1. 2. U.S. Const. Rule 21 3. Gross, Jordan. “If Skilling Can’t Get a Change of Venue, I N C A S E S O F P O L I C E B R U TAL I T Y Who Can? Salvaging Common Law Implied Bias Principles marketplace of ideas has expanded to from the Wreckage of the Constitutional Pretrial Publicity include more facts and information. Standard.” SSRN Electronic Journal, vol. 85, no. 2, 2013, pp. 575–576., doi:10.2139/ssrn.2018694. However, some may view this as an BY CAMILLE OFULUE (CAS ‘24) increased chance for misinformation 4. Sheppard v. Maxwell, 384 U.S. 333 (1965) 5. Irvin v. Dowd, 366 U.S. 717 (1961) 6. Powell v. Superior Court, 283 Cal. Rptr. 777 (Cal. Ct. to spread. App. 1991) 7. Zalman, Marvin ; Gates, Maurisa. “Rethinking Venue in B According to the Sixth Amendment Los Angeles County, with a Black pop- fruitless.”The case was to be tried in B Light of the Rodney King Case: An Interest Analysis,” Cleve- O of the US Constitution, every citizen ulation of 11.2%, to Ventura County, Albany, which had a completely dif- O In the marketplace of ideas, users land State Law Review 41, no. 2 (1993): 216 S 8. People v. Powell, 83 AD 2d . S T accused of a crime has the right to which, at the time, had a Black popu- ferent demographic from the previous can share information related to the 9. People v. Boss, 261 A.D.2d 1, 701 N.Y.S.2d 342 (App. T O a speedy trial by an impartial jury in lation of 2.3%.7 The officers charged location.13 There, a jury that consist- case through social media, whether Div. 1999). 10. Williams, O. “When Change of Venue Means Change O N the district in which the alleged crime with assault with a deadly weapon ed of eight white people acquitted all it is true or not. This is because as a in Verdict: A Critical Analysis of Venue, and its Impact upon N the Diallo Trial” 1. Conn. Pub. Int. LJ, 2(1). occurred.1 But what happens if an and excessive use of force as a po- four officers of second-degree mur- group, the users themselves decipher 11. People v. Boss, 261 A.D.2d 1 (N.Y. App. Div. 1999). U U N impartial jury is nearly impossible to lice officer were all acquitted by a jury der.14 The killing of Diallo was able to what is true and what is not and set 12. Ibid. N 13. Ibid. I create in the location said crime oc- consisting of ten white people and not garner enough mass media attention a standard of credibility.18 The more 14. Ibid. I V curred? one Black person.8 for a motion for change of venue to people post about Black Lives Matter 15. van Haperen, Sander; Uitermark, Justus; van der V Zeeuw, Alex. “Mediated interaction rituals: a geography of E pass in an age where social media and police brutality, the more avail- everyday life and contention in Black Lives Matter.” Mobili- E R The United States Constitution guar- In the early hours of February 4, had yet to exist. R able that information becomes.19 The zation: An International Quarterly 25, no. 3 (2020): 295- S 313. S I antees that defendants in criminal 1999, a young Guinean immigrant entire marketplace is inundated with 16. Barbot, Oxiris MD “George Floyd and Our Collective I Moral Injury”, American Journal of Public Health 110, no. T cases are able to file a motion for named Amadou Diallo was enter- Today, unlike 1999, a majority of peo- information, not just in the county 9 (September 1, 2020): pp. 1253 T Y change of venue if the defendant be- ing his apartment building when four ple have access to the Internet and a where the incident occurred. Thus, the 17. Beisecker, Thomas “The Role of Change of Venue in an Y Electronic Age,” Kansas Journal of Law & Public Policy 4, lieves there is prejudice that will affect white New York City police officers social media account. Social media county that the trial is possibly moved no. 3 (1994-1995): 81-88 the outcome of the case.2 Although assumed Diallo was reaching for a movements like #BLM and #SayHer- to could also be affected by the same 18. Ingber, Stanley. “The Marketplace of Ideas: A Legiti- mizing Myth.” Duke Law Journal 1984, no. 1 (December it is rare, change of venue may be weapon, later determined to be his Name are used to inform the public bias that warranted the change of 26 granted by the judge for a number of wallet. Without warning, the officers of similar cases of police brutali- venue in the first place. This weakens 1984): 1. https://doi.org/10.2307/1372344. 19. Anderson, Monica. “4. Major Recent Events Bring 27 #BlackLivesMatter Back to the Forefront as the Tone Shifts reasons including excessive pretrial fired at the unarmed man 41 times, ty.15 Recently, these movements have the ability of motions to change ven- Overnight.” Pew Research Center: Internet, Science & Tech. Pew Research Center, August 15, 2016. publicity that may taint the jury pool, hitting him 19 times.9 The coverage brought many cases to the forefront ues to satisfy the need for an impartial https://www.pewresearch.org/internet/2016/08/15/ma- P making it extremely difficult for the of the incident by the New York Times and have garnered massive attention trial as dictated by the Sixth Amend- jor-recent-events-bring-blackliv esmatter-back-to-the-fore- P R front-as-the-tone-shifts-overnight/. R E state to have an impartial jury.3 sparked outrage across the city and across multiple platforms. Footage of ment. Social media’s prevalence 20. Gross, Jordan. “If Skilling Can’t Get a Change of E nation. Organized protests, marches, George Floyd, a Black man, being makes it increasingly difficult for cases Venue, Who Can? Salvaging Common Law Implied Bias Principles from the Wreckage of the Constitutional Pretrial L Sheppard v. Maxwell established a and television appearances of Dial- killed by four Minneapolis police offi- granted a change of venue to occur Publicity Standard.” SSRN Electronic Journal, vol. 85, no. 2, L A standard that if an excess of pretrial lo’s family occurred throughout the cers circulated the Internet for months to have the intended impartial, unbi- 2013, pp. 575–576., doi:10.2139/ssrn.2018694. A W W publicity creates reasonable likeli- country to increase awareness about and sparked outrage and civil unrest ased jury. When moving the trial, the R hood that a fair trial will not be possi- the brutality of the act.10 not just in Minneapolis, but across the new district’s possibility to have the R E ble, the judge should grant a contin- world.16 To find another county in the same amount of bias in the jury pool E V uance or transfer the trial to another As the coverage of this case contin- same federal judicial district that has is just as great. The coverage of these V I location where the threat is reduced.4 ued, the defense believed that it would not been affected by the aftermath of cases is no longer concentrated within I E E W Irvin v. Dowd further specified that the be a miscarriage of justice to hold the Floyd’s death is nearly impossible. the localities of the incidents. Instead, W pretrial publicity must be a large pres- trial in New York City in such a po- it is widespread, making all commu- ence of inflammatory, sensationalized litical climate.11 To corroborate this Critics of change of venue praise the nities just as vulnerable to being cor- news coverage for the court to grant claim, the defense hired an outside power of social media to provide rupted as the original district. To solve the motion.5 In 1992, the broadcast firm to survey residents of the Bronx widespread information and increase this, courts must take as much time to of the video of Rodney King, a Black concerning their opinions of the case. awareness of police brutality. With so- evaluate possible biases in the new man, being beaten by four white offi- They found that over 80% of residents cial media, these cases are no longer location as they did in the original lo- cers of the Los Angeles Police Depart- said that, “there was no possible jus- just a local matter, making it more cation. Overall, social media can cre- ment sparked protest and demonstra- tification for the 41 shots fired.”12 In a difficult to prove an unfair amount ate unprecedented challenges in the tions across the city of Los Angeles, rare turn of events, the court conclud- of pretrial publicity. In his work, “The court’s mission to provide an impar- leading to a trial.6 The court ruled in ed that the case had “been deluged Role of Change of Venue in an Elec- tial jury trial for its defendants.20 favor of the officers’ legal counsel’s by a tidal wave of prejudicial publicity tronic Age”, Thomas Beisecker con- motion for a change of venue and al- to such an extent that even an attempt tends that “proving that sensational, lowed the trial to be relocated from to select an unbiased jury would be inflammatory publicity has permeated ENVIRONMENT more avenues for environmental jus- tice, some environmental law experts want to see the implementation of a SOURCES C L I M AT E C H AN G E & climate solution as soon as possible. Mary Christina Woods, an environ- 1. Juliana v. The United States . 2020. No. 18-36082 (9th Cir.). J U L I ANA V. T H E U N I T E D S TAT E S mental law professor at the University of Oregon wrote in an opinion about 2. Ibid 3. Ibid 4. Woods, Mary Christina, and Gordon Levitt. “The Public Juliana v. The United States, “Govern- Trust Doctrine for Environmental Decision Making” Essay. In BY DELANEY SWANN (CAS ‘21) ment lawyers insist that courts should Environmental Decision Making. Northampton, Massachu- setts: Edward Elgar Publishing, 2015. 5. Ibid not leave all climate matters exclu- 6. Ibid B In a constitutional challenge against eficiaries to this trust…”.4 The PTD is nor the only opportunity to transform sively to the political branches–those 7. Juliana v. The United States . 2020. No. 18-36082 (9th B O Cir.). O the federal government, Juliana v. The not explicitly expressed in the constitu- environmental law. The main argu- same actors that brought about this 8. Ibid S S T United States asserted that the execu- tion because it exists as a part of the ment against the implementation of climate emergency while ignoring 9. Ibid T 10. Wilson, Michael D. “Climate Change and the Judge as O tive and legislative branches violated western legal tradition dating back to the plaintiff’s remedial plan is its re- decades of scientists’ warnings. That Water Trustee,” Environmental Law Reporter News & Analy- O N the rights of twenty-one young plain- Roman times, and the PTD is protect- quirement for the infringement of would be a recipe for continued inac- sis 48, no. 3 (March 2018): 10235-10243 11. Ibid N tiffs by actively contributing to man- ed by the Ninth Amendment, which the separation of powers. The court tion.”13 While the Ninth Circuit Court’s 12. Ibid U 13. Woods, Mary Christina, and Michael C Bloom. “Opin- U made climate change.1 The plaintiffs prevents the government from using opposed requiring the legislature to majority may view this argument as ion: The Planet’s Future on the Judicial Docket.” Oregon- N N I asserted that the failure of the U.S. to enumerated rights to forbid those draft a plan to draw down emissions, a call for an expedient solution to a Live. The Oregonian, June 2, 2019. I 14. Juliana v. The United States . 2020. No. 18-36082 V address a clear need to limit green- that are not.5 While the extent of the due to the long and intensive over- time sensitive problem, the dissent- (9th Cir.). V E house gas emissions in order to main- trust has traditionally been applied to sight needed from the courts in order ing opinion argues that this is the just E R tain a safe climate is a violation of the navigable waters, there is a push in to provide real relief to the plaintiffs, application of the law. The Ninth Cir- R S S I constitutional right to life, liberty and environmental law for the trust to en- partially due to the court’s inability to cuit Court dissent asserts that climate I T property.2 However, in a decision by compass all natural resources as the determine what policy actions would change does not meet the common T Y the Ninth Circuit Court of Appeals, threat of ecological collapse looms.6 create real relief.9 law standards of a political question, Y the court concluded that despite the In response to the plaintiff’s claim to that there is no precedent for deny- clear danger posed by continued car- a constitutional right to a “climate The Indian and Chinese governments ing redress based on the number of bon emissions, the case was “beyond system capable of sustaining human have recognized the limitations of policies required to implement relief, 28 of the power of an Article III court (a life,” the Ninth Circuit Court claimed regular courts to deal with environ- and that there is a clear scientific 29 court empowered by the U.S. constitu- “reasonable jurists can disagree mental issues, writes Hawaii Supreme benchmark for alleviation of harm, tion) to order or implement the plain- about whether the asserted constitu- Court Justice Michael D. Wilson, and unlike the case used as precedent in P tiff’s requested remedial plan,” and tional right exists.”7 Within the court in response have set up systems of the majority opinion, Rucho v. Com- P R R E suggested the plaintiffs appeal to the responsible for the decision, there was environmental courts with judges em- mon Cause.14 Beyond the application E executive and legislative branches.3 disagreement about whether the con- powered by training in rapidly evolv- of the law, the dissent argues that the L The Ninth Circuit Court asserts that stitutional right was debatable. The ing environmental science and law.10 doctrine of judicial review requires the L A there is no precedent within environ- author of the dissent, Judge Staton Justice Wilson argued that precedents “instruction of the other branches on A W mental law for the kind of intervention wrote, “Plaintiffs bring suit to enforce are progressing rapidly as “issues of W the constitutional limitations of their R the plaintiffs of Juliana v. The United the most basic structural principle causation, imminence of danger, suffi- power.”15 In other words, in service of R E States request. In response, dissenting embedded in our system of ordered ciency of evidence of damage, proper the protection of constitutional rights, E V judges and environmental law experts liberty that the Constitution does not remediation, scale of injury, and valu- the judicial branch is tasked with the V I are calling for innovation in law that condone the Nation’s willful destruc- ation of costs of carbon emissions ver- confrontation of the other branches of I E E W can appropriately respond to the cli- tion.”8 Although Staton does not sus benefits of carbon emission” are government. W mate crisis. mention the expansion of the PTD, the increasingly seen in court.11 He goes parallels between a trust that protects on to assert that, in an environmental Given the breadth of the claims and The constitutional rights claimed by natural resources in order to avert court, the oversight of developed poli- the ambitious nature of the remedi- the plaintiffs rely on the Public Trust ecological collapse and the aversion cy and the determination of what con- al plan, Juliana v. The United States Doctrine (PTD). Defined by Mary of the willful destruction of the Nation stitutes redressability could be made aimed to inspire such a confrontation. Woods and Gordon Levitt in Environ- are close enough to see how the two by informed decision makers.12 Rather As the effects of climate change alter mental Decision Making, “the PTD is arguments could be used to the same than to require an Article III court to the landscape of the U.S., more of the oldest principle of environmental end. make these determinations, Justice these conflicts will be prompted, mak- law … It designates the government Wilson would contend that a separate ing way for evolution in environmental as a trustee of natural assets ‘in which The expansion of the public trust is not instrument of justice is required. law. the whole people are interested.’ The the sole reason for the Ninth Circuit public, both present and future gen- Court’s denial of relief to the plain- While the establishment of a new erations of citizens, stand as the ben- tiffs of Juliana v. The United States, branch of the court system could offer T E C H N O LO GY T E C H N O LO GY NAD V. N E T F L I X: V I D E O C AP T I O N S T H E I M PAC T O F M A S T E R P I E C E F O R T H E D E AF C O M M U N I T Y C AK E S H O P V. C O L O R AD O BY LUTECE DEKKER (CAS / SED ‘22) CIVIL RIGHTS COMMISSION B O Until the early 1990s, Americans with hearing community have spoken out cability of this ruling.11 Unlike Netflix, the BY MADELINE HUMPHREY (CAS ‘22) B O disabilities were afforded few legal pro- against this decision, citing this caption- content available on YouTube is gener- S S T tections. However, this all changed in ing service as a vital piece of maintain- ated by a wide range of creators, and its T In 2018, a case brought to the Su- Clause in this instance, no matter what based on sexual orientation, or should O July of 1990 when President George W. ing their full access to the largely visual video library expands at unprecedented O preme Court of the United States dealt the outcome of a future controversy sim- they be forced to provide services to ev- N Bush signed into law the Americans with platform. The deaf community’s funda- rates each day. These factors continu- N with whether or not an exemption to ilar to this would be.6 The Commission eryone, violating free speech rights and Disabilities Act (ADA). Modeled after the mental right to equal access is protected ously muddy the waters of its obligations U the public accommodations laws pre- displayed hostility towards Phillips’ ac- free exercise of religion to owners who U 1964 Civil Rights Act, the ADA sought by the Americans with Disabilities Act, under the ADA. Legal discussions over N cluding discrimination against homo- tions that was inconsistent with the First do not wish to provide their services? N I to protect the disabled community from leading many to question whether or not whether or not the internet constitutes a I sexuals was acceptable based on the Amendment’s statement that all laws This issue is bound to appear again until V discrimination, similar to the protections the cancellation of YouTube’s commu- “place of public accommodation” are V Establishment and Free Exercise Clauses will be applied with religious neutrality.7 a solidified nationwide decision is made. E granted to women and racial, ethnic, nity captioning services is an affront to still fraught with disagreement, and are E R of the First Amendment.1 Jack Phillips, Therefore, the reasons the rulings under R and religious minorities twenty-six years accessibility standards. bound to continue. Though YouTube’s S the owner of Masterpiece Cakeshop in the Commission and of the state court S I prior.1 To do so, this landmark piece of discontinuation of community captions I Lakewood, Colorado, refused to bake a that enforced the order were invalidat- T legislation prohibited discrimination on Under the Americans with Disabilities has not yet been challenged in court, T custom wedding cake for a gay couple, ed, allowing for the Supreme Court to SOURCES Y the basis of one’s disability status, and Act, regulations surrounding closed this decision has further strained the Y Craig and Mullins, in 2012, citing his reverse the judgment of the Colorado granted certain accommodations to captioning are incredibly nuanced, per- platform’s relationship with the deaf 1. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights conflicting religious beliefs, and the fact Court of Appeals.8 Commission, 584 US 16-111, (2018). the disabled community more broadly.2 taining to certain videos and platforms and hard-of-hearing community. As that Colorado did not recognize same- 2. Craig v. Masterpiece Cakeshop, Inc., NO. 14CA1351, Now, just after the thirty-year anniversary under certain circumstances, yet not in with NAD v. Netflix, YouTube’s imperfect (2015). 30 of the ADA, debates over its power and others. In order to underscore the new captioning services highlight the compli- sex marriage.2 As a result, the couple Justice Ginsburg argued in the dissent 3. Ibid 4. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights 31 filed charges of discrimination against that there should be no reason hostile scope have erupted. and complicated nature of applying cated nature of applying the Americans Commission, 584 US 16-111, (2018). Masterpiece; where the Colorado Civil comments from one or two Commis- 5. Ibid these protections to online sectors, the with Disabilities Act to online video-shar- 6. Ibid P Rights Commission evaluated the case sioners should overrule the fact that 7. Ibid P On July 30, 2020, the widely used on- National Association for the Deaf (NAD) ing platforms.12 R against Phillips under the state’s anti-dis- Phillips refused to sell a wedding cake.9 8. Ibid R line video-sharing platform YouTube states, “The Internet is the new frontier 9. Ibid E crimination law, the Colorado Anti-Dis- The Commission was only one level in 10. Ibid E announced the end of one of its acces- for captioning.”7 The ADA contains clear crimination Act, and ruled that the bak- the multi-layered, independent deci- 11. Lewis, Jackson. Colorado Broadens Ban on Sexual L sibility features: community captioning.3 legal standards surrounding accessibili- Orientation Discrimination. JacksonLewis, June 26, 2008. L A ery did in fact discriminate against the sion-making process on the case, and https://www.jacksonlewis.com/resources-publication/colo- A Community captioning allowed viewers ty on government websites, though this SOURCES rado-broadens-ban-sexual-orientation-discrimination (ac- W couple.3 However, Phillips took the case there was no religious prejudice dis- W on YouTube to provide manually-written clarity is quickly muddled in other con- cessed October 18, 2020). 1. “Information and Technical Assistance on the Americans to the Supreme Court where the Court played in the adjudicators before and 12. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights R subtitles for videos of their choosing, texts. For instance, in late 2012, an- with Disabilities Act.” Introduction to the ADA. Accessed Commission, 584 US 16-111, (2018). R October 15, 2020. https://www.ada.gov/ada_intro.htm. ultimately reversed the Commission’s after the Commission’s involvement.10 E which were then submitted to content other media giant, Netflix, was brought 2. Americans With Disabilities Act of 1990, Pub. L. No. E decision, concluding that the Commis- V creators for approval.4 While YouTube to court by the NAD, who alleged that 101-336, 104 Stat. 328 (1990). V I 3. Camilla. “Saying Goodbye to YouTube’s Community sion violated Phillips’ rights to the Free Colorado has prohibited discrimination I may have discontinued its communi- Netflix had violated the ADA by failing Contributions Feature after September 28, 2020 - YouTube E Exercise Clause because they did not in places of public accommodation on E ty-captioning service, the video-sharing to provide closed captioning on several Community.” Google. Google, July 30, 2020. https://sup- W port.google.com/youtube/thread/61967856?hl=en. uphold religious neutrality in their eval- the basis of sexual orientation since its W platform will continue to provide subtitles titles offered on its streaming service.8 4. “Turn on & Manage Community Contributions - You- Tube Help.” Google. Google. Accessed December uation.4 amendments to the Colorado Anti-Dis- through automatic captioning, which As a “place of public accommodation,” 5, 2020. https://support.google.com/youtube/an- crimination Act in 2007 and 2008.11 If utilizes speech-recognition technology the NAD asserted that Netflix was legally swer/6052538?hl=en. 5. “Use Automatic Captioning - YouTube Help.” Google. The case was argued in the Supreme one were to change Craig and Mullens’ to generate video transcripts instantly.5 obligated to provide captions.9 On the Google. Accessed December 5, 2020. https://support. Court starting on December 5, 2017, sexual orientation or sex, Philips would Following this change, YouTube has also matter of NAD v. Netflix, the court ruled google.com/youtube/answer/6373554?hl=en. 6. Camilla, Saying Goodbye to YouTube’s Community and it was decided on June 4, 2018.5 have baked the cake for the couple; sought to implement short-term solu- that Netflix is indeed required to provide Contributions Feature after September 28, 2020 - YouTube The two opposing arguments to this therefore, it can be argued that Phillips tions for content creators who regularly closed captioning services in order to Community. 7. “When Is Captioning Required?” National Association case both introduce valid points backed did discriminate because of sexual ori- rely on community-captions, including comply with the ADA.10 of the Deaf. Accessed October 10, 2020. https://www. nad.org/resources/technology/captioning-for-access/ by supporting evidence. entation, according to Ginsburg.12 the provision of temporary subscriptions when-is-captioning-required/. to paid captioning programs.6 Though Though NAD v. Netflix was seen as a 8. National Association of the Deaf, Et Al. V. Netflix, Case No. 3:11-Cv-30168 (2012) The opinion of the Court, delivered The aftermath of this case ruling leaves YouTube’s decision to discontinue com- victory for deaf and hard-of-hearing in- 9. Ibid by Justice Kennedy, deemed that the an important question unresolved for munity captioning is not expressly illegal, dividuals, the nature of YouTube’s plat- 10. Ibid 11. Ibid Commission violated the Free Exercise businesses: are they able to discriminate advocates within the deaf and hard-of- form leads to questions over the appli- 12. Ibid COVID-19 dents since after World War II when the numbers started to be tracked.”9 SOURCES Fewer students can only lead to less THE NEXUS OF POLITICS & 1. President And Fellows Of Harvard College; And Massa- consumption, which is disadvan- chusetts Institute Of Technology V. United States Department Of Homeland Security; U.s. Immigration And Customs En- tageous to revitalize the economy. forcement; Chad F. Wolf, In His Official Capacity As Acting PAN D E M I C: I.C . E. P O L I C I E S O N Looking further into the future, more international students might decide Secretary Of The United States Department Of Homeland Security; And Matthew Albence, In His Official Capacity As Acting Director Of U.s. Immigration And Customs Enforce- I N T E R NAT I O NAL S T U D E N T S to study in other nations due to U.S. ment. (2020) https://www.mass.gov/doc/ag-complaint/ download policies regarding foreign students. 2. Commonwealth Of Massachusetts, State Of Colora- do, State Of Connecticut, State Of Delaware, District Of According to data from the U.S. De- B BY YIRAN YU (CAS ‘23) partment of Commerce, international Columbia, State Of Illinois, State Of Maryland, State Of Michigan, State Of Minnesota, State Of Nevada, State B O Of New Jersey, State Of New Mexico, State Of Oregon, O S students contributed $44.7 billion to Commonwealth Of Pennsylvania, State Of Rhode Island, S T This past fall, the United States Su weeks from the start of the fall semes- der/preliminary injunction motions,” the U.S. economy in 2018.10 The loss State Of Vermont, Commonwealth Of Virginia, And State T Of Wisconsin, Plaintiffs, V. United States Department Of O On Monday, July 6, an announce- ter, these students are unable to trans- 3, concluding that “the government of foreign scholars, therefore, would Homeland Security; Chad F. Wolf, In His Official Capacity O N potentially economically harm the As Acting Secretary Of Homeland Security; U.s. Immigration N ment from the US Immigration and fer to universities providing on-cam- has agreed to rescind the July 6, And Customs Enforcement; And Matthew T. Albence, In His Customs Enforcement (ICE) distressed pus instruction, notwithstanding ICE’s 2020 Policy Directive and the July 7, United States. Official Capacity As Acting Director Of U.s. Immigration U And Customs Enforcement (2020) https://www.mass.gov/ U N millions of international students. ICE suggestion that they might do so to 2020 FAQ, and has also agreed to doc/ag-complaint/download N I stated that foreign students would not avoid removal from the country.” 1 rescind their implementation.”4 A Elizabeth Warren argues that “kick- 3. NPR.org. “ICE Agrees To Rescind Policy Barring For- I eign Students From Online Study In The U.S.” Accessed V be allowed to stay in the US if their in- Given the difficulty of returning home week later, however, ICE announced ing international students out of the October 18, 2020. https://www.npr.org/sections/corona- V E US during a global pandemic...is virus-live-updates/2020/07/14/891125619/ice-agrees- E R stitutions only offered online classes in due to border controls as well as the that “nonimmigrant students in new or to-rescind-policy-barring-foreign-students-from-online- R S fall 2020. A week later, ICE rescinded campus closing, finding a settlement initial status after March 9 will not be senseless, cruel, and xenophobic.”11 study-in-the-u. S I the policy under the pressure of law- has become international students’ able to enter the U.S. to enroll in a volatile ICE policies arguably cause 4. Ibid. 5. “ICE Continues March Guidance for Fall School Term.” I T suits filed by several states and col- top priority. Second, the ICE Directive, U.S. to pursue a full course of study international students, already a vul- Accessed October 18, 2020. https://www.ice.gov/news/ T Y releases/ice-continues-march-guidance-fall-school-term. Y leges, led by Harvard University and despite hoping to revive the economy that is 100 percent online,” 5 which nerable group during the COVID-19 6. CDC. “Coronavirus Disease 2019 (COVID-19).” Cen- the Commonwealth of Massachusetts. with more students returning to cam- exempts the registered students but panmdeic, further emotional fluctua- ters for Disease Control and Prevention, February 11, 2020. https://www.cdc.gov/coronavirus/2019-ncov/trav- However, soon after the international puses, discourages schools to reopen places the new students in jeopardy. tion and dilemmas. The lawsuits filed elers/from-other-countries.html. 32 students began to worry again; on due to health concerns. Following the As a result, international students in by institutions and states succeeded in 7. CHE. “Here’s Our List of Colleges’ Reopening Models,” 33 August 28, 2020. https://www.chronicle.com/article/heres- Friday, July 24, the Trump administra- initiative of Harvard and MIT, eighteen the incoming class of 2024 became protecting already enrolled students a-list-of-colleges-plans-for-reopening-in-the-fall/. tion announced that newly enrolled states, including Colorado, Michigan officially prohibited from entering the but not the newly enrolled ones. With 8. National Foundation For American Policy. Immigrants And America’s Comeback From The Covid - 19 Crisis. international students would not be and the District of Columbia, filed United States. the loss of a significant number of stu- By Stuart Anderson. Https://nfap.com/wp-Content/up- P loads/2020/07/immigrants-And-Americas-Comeback- P R allowed to enter the United States if a lawsuit against ICE, in which they dents, the economy could suffer from From-The-Covid-19-Crisis.nfap-Policy-Brief.july-2020.pdf R E their schools were fully online. But- stated that the ICE policy “failed to The new ICE policy is understandable uncertainty now and after the pan- Accessed October 18, 2020 E 9. Ibid. tressed by the fast-changing ICE poli- consider the health and safety of our and tacitly approved by the public, demic. 10. The Economic Times. “Explained: Why US Cannot Say L No to International Students.” Accessed October 18, 2020. L cies, the continuous struggles among students, faculty, staff, and the un- but it could lead to substantial dam- https://m.economictimes.com. A A W international students derive not only told other residents of our States with age to the American economy.6 To be- 11. “Coronavirus: Anger over US Decision on Foreign Stu- W dents’ Visas.” BBC News, July 7, 2020, sec. US & Canada. from pandemic-related health risks whom they interact; it failed to consid- gin with, schools might lose revenues. https://www.bbc.com/news/world-us-canada-53320336. R but also global legal conflicts. er the tremendous costs and burden According to the updated statistics R E this abrupt reversal would impose on from Chronicle of Higher Education, E V V I Although many suspect that the pri- our institutions of higher learning.” 2 10% of colleges were planning for I E mary motive of ICE is to force the Considering that ICE’s coercion of online-only classes, meaning that new E W reopening of schools, some consider reopening campuses might impose students at these colleges would be W the guidelines as unreasonable and serious health risks, the appeal of the absent for the fall semester of 2020.7 counterproductive. First, the interna- states embodies the protection of the More strikingly, an analysis from the tional students who are required to general public. National Foundation for American depart immediately are exposed to Policy revealed that “the enrollment both physical and mental vulnerabili- Though the resolution of the ICE con- of new international students at U.S. ty. As demonstrated in the lawsuit filed troversy is far from simple, the govern- universities in the Fall 2020-21 ac- by the president and fellows of Har- ment agreed on rescinding the policy ademic year is projected to decline vard College and the Massachusetts due to public backlash. On July 16th, 63% to 98% from the 2018-19 lev- Institute of Technology (MIT), ICE’s an NPR article reported that “the el.”8 The report also indicates that “a action leaves a large number of inter- Court was informed by the parties that total of approximately 269,000 new national students with no educational they have come to a resolution to the international students would be the options within the United States. Just combined temporary restraining or- lowest level of new international stu- tion to put the pieces of information wealth through long-term generalized PRIVACY regarding their movements together surveillance, we must be vigilant to and create the ‘mosaic’ of their be- keep the protections of article 14 of havior.9 the Massachusetts Constitution and D I G I TAL S U RV I L L E N C E I N M A: the Fourth Amendment of the United The individual data points or obser- States Constitution intact. Law en- H OW M O SAI C T H E O RY H A S B E E N vations do not in and of themselves constitute a search, but an aggrega- forcement agencies in the Common- wealth and the district attorneys pros- I N T E R P R E T E D BY T H E S. J.C . I N tion of them does. This was named “mosaic theory,” established in United ecuting those cases now must be more vigilant and ensure that their use of B O C O M M O N W E ALT H V. M O R A (2020) States v Antonie Jones (2011), where if the technology-assisted surveillance technology in the course of long-term investigations does not breach the line B O S creates an ‘image’ of information of what is considered a search. S T O BY MAXWELL JAMES (QST ‘22) by which individual data points are T O N combined into information that an N officer would not be able to collect The Massachusetts Supreme Judicial owned by the Massachusetts State camera does not go beyond the in- SOURCES U using analog surveillance techniques, U N Court ruled from an appealed case Police for later analysis. The Com- vestigative knowledge an officer has then it crosses into the territory of a 1. Commonwealth of Massachusetts v. Nelson Mora SJC- N I 12890 (2020) I this August that long term video sur- monwealth used the contents of the without the technology. search.10,11 In practice, courts have 2. Charles Katz v. United States, 389 U.S. 347 (1967) V V E veillance by the police recording the camera footage to secure warrants for identified that the largest obstacle to 3. The Fourth Amendment to the Constitution E 4. Commonwealth v. Mora R activities of suspects requires a war- GPS and wiretap surveillance of Mora Courts have considered what would physical surveillance, like stakeouts or 5. Hester v. United States, 265 U.S. 57 (1924) R S rant.1 This upends the traditional idea and the co-defendants involved in the historically require a warrant and what following a suspect, was not the legal 6. Seo, Sarah. “5. The Right to Privacy in Pub- lic.” Policing the Open Road, 2019, pp. 201–230., S I that courts have avoided establishing criminal conspiracy, which eventually would not, and in doing so, have de- limit, but the fact that surveillance is doi:10.4159/9780674240469-006. I T 7. Commonwealth v. Mora T Y privacy protections when a person is led to enough evidence for the court cided which standards must be con- expensive and ties up resources for 8. Katz v. United States Y not in their home or another place to grant a search warrant for Mora’s sidered when determining the point at long periods of time.12 In Common- 9. Orin S. Kerr, The Mosaic Theory of the Fourth Amend- ment, 111 Mich. L. Rev. 311 (2012) where the subjective expectation of residence.4 which digital surveillance becomes a wealth v. Mora, the government was 10. Seo, Sarah. “5. The Right to Privacy in Public.” privacy might exist, and may funda- search and requires a warrant. Gen- not willing to tie up the resources that 11. United States v. Antonie Jones, 565 U.S. 400 (2011) 34 mentally change how police may Historically, courts have refused to erally, when an individual openly dis- would be required for round the clock 12. Ibid. 13. Ibid. 35 watch subjects in the era of technol- provide a right to privacy in public plays something to the public, without staffing of investigators on a house for ogy.2 From automatic license plate places, as things that an individual the subjective expectation of privacy, 169 days. The installation of camer- P scanning technology to faux cell tow- knowingly displays to the public have it is not given much privacy. A reason- as meant that was no longer an is- P R ers, law enforcement has an arsenal no subjective expectation of privacy.5 able person would not have a subjec- sue which allowed the officers to look R E of technology at their disposal to in- A clear example of this example that tive expectation of privacy when driv- through thousands of hours of foot- E vestigate and follow suspects, but for takes place every day is when a police ing down the street or walking out on age at the flick of a switch, making it L L A evidence gathered by the more inva- officer or law enforcement camera their front porch, thus the government possible for them to go back in time. A W sive technologies to be admissible in reads and searches a driver’s license is not performing a protected search It is precisely this ability to travel back W court, there must be a warrant issued plate. The driver has no expectation or invading an individual’s privacy by in time with complete accuracy and R by a judge based upon probable of privacy as to the information on glancing at or watching that individ- R the inferred ability of the government E E V cause.3 the license plate, and the informa- ual.8 to change the subject of investigation V I tion returned from the plate search retroactivity that turns analog surveil- I E In the case Commonwealth v. Nelson can establish probable cause for a The standard created here does not lance into what the courts define as a E W Mora (2017), a confidential informant traffic stop.6 Commonwealth v. Mora extend to the items on a person, as search.13 W working with an undercover Massa- would seem to defy this standard, but those are protected by the probable chusetts state police officer was intro- it doesn’t. The court is not taking issue cause standard required for a search. The Massachusetts Supreme Judicial duced to Mora while conducting con- with the use of technology in investi- However, It would be unreasonable Court decided that in following the trolled purchases of oxycodone and gating, but when the warrantless use for that individual to expect that all mosaic theory of digital surveillance fentanyl over ten separate occasions. of any technology much expands the their unprotected actions would be data aggregation, it constituted a Investigators working with the under- captivity of the government’s investi- recorded and cataloged, creating in- warrantless search of Mora, and as a cover officer set up cameras facing gative knowledge, going beyond that formation that is worth more than the result, the warrants issued that cited Mora and the co-defendants’ houses, which an officer could gather without sum of its individual parts. An individ- the footage as probable cause were which gave law enforcement a view it, that is then deemed a search.7 In ual should reasonably expect privacy also excluded. As technology advanc- of the front entryways. The cameras other words, because the officer could in general patterns of behavior as es and more data become available recorded for 24 hours a day for 169 manually read and search the license they do not expect one individual or to the government regarding the ac- days, storing the footage on servers plate in the state DMV database, the organization to have enough informa- tions of residents of the Common- reason it would not stop is because JUDICIAL women have much more access to SOURCES medications that terminate or prevent 1. “Tribute: The Legacy of Ruth Bader Ginsburg and WRP a pregnancy without the direct help Staff.” American Civil Liberties Union. Accessed November T H E I M PAC T O F I D E O L O GY O F T H E of a medical professional than they did in 1973 when Roe v. Wade was 1, 2020. https://www.aclu.org/other/tribute-legacy-ruth- bader-ginsburg-and-wrp-staff. 2. Ibid. S U P R E M E C O U R T O N R O E V. WAD E 3. Roe v. Wade, 410 U.S. 113 (1973); Liptak, Adam. “Bar- decided.20 Some of these methods rett’s Record: A Conservative Who Would Push the Supreme include the morning-after pill, mife- Court to the Right.” The New York Times. The New York Times, October 12, 2020. https://www.nytimes.com/arti- BY HANNAH ZOBAIR (CAS ‘23) pristone, and misoprostol.21 Doctors cle/amy-barrett-views-issues.html. 4. Fandos, Nicholas. “Over Democratic Fury, Republicans can also mail abortion pills to wom- Push Barrett to Brink of Confirmation.” The New York Times. B en who are confirmed to be less than The New York Times, October 25, 2020. https://www. B nytimes.com/2020/10/25/us/politics/amy-barrett-senate- O Ruth Bader Ginsburg was appointed done to stop the court from remaining the nomination and appointment of ten weeks into their pregnancies.22 To vote.html. O S to the Supreme Court in 1993, and majority conservative-leaning for the Justice Amy Coney Barrett because many in the United States, abortion 5. Roe v. Wade, 410 U.S. 113 (1973) S T 6. Ameliatd. “How A Conservative 6-3 Majority Would Re- T O fought for gender equality in the Unit- coming years.7 However, Biden won of her strong religious beliefs and has become a constitutional right that shape The Supreme Court.” FiveThirtyEight. FiveThirtyEight, O N ed States over the course of her 27- the election and democrats hope to Trump’s promise to only nominate they are not willing to give up. September 28, 2020. https://fivethirtyeight.com/features/ how-a-conservative-6-3-majority-would-reshape-the-su- N year tenure.1 Justice Ginsburg passed win the senate majority in the upcom- justices who are pro-life.14 However, preme-court/. 7. Ibid. U away on September 18, 2020, and ing runoff elections in Georgia.8 If many people were left uneasy, fear- While a conservative-leaning Su- 8. Kapur, Sahil. “‘We Are Stunned’: Two Georgia Rac- U N preme Court could ban abortions N while leaving behind a strong legacy, democrats are able to gain a majority ing that their reproductive rights may es Will Decide Which Party Controls the Senate.” NBC- I News.com. NBCUniversal News Group, November 9, I V she also left behind a vacant seat on in the senate, then Biden may con- be taken away. While both groups are on a federal level, this would only 2020. https://www.nbcnews.com/politics/2020-election/ V E the highest court in the country, six sider “court-packing”, which means steadfast in their opposing beliefs, the make abortions more inaccessible we-are-stunned-two-georgia-races-will-decide-which-par- E ty-n1246962. R weeks out from the 2020 Presiden- increasing the number of justices on impact of overturning Roe v. Wade and unsafe. Due to the varying levels 9. “Packing the Supreme Court Explained.” National Con- R S tial Election.2 This absence left a lot the court. This has been done by past would be felt for millions in the United of legality across states, they would stitution Center – constitutioncenter.org. S I 10. Ibid. I T of questions for both Democrats and presidents, and is legal because the States regardless of political affilia- not stop. Because of this, many pro- 11. Roe v. Wade, 410 U.S. 113 (1973) T 12. Wang, Amy B. “Supreme Court Vacancy Spotlights Roe Y Republicans about who will fill the Constitution does not dictate how tion.15 choice advocates fear a return to v. Wade.” The Washington Post. WP Company, September Y seat and what filling the seat means many justices should be on the court.9 dangerous practices like coat hanger 25, 2020. https://www.washingtonpost.com/politics/su- preme-court-roe-wade-abortion/2020/09/24/649a166e- for both parties. Many Democrats fear Conservatives have publicly voiced Even if Roe v. Wade is overturned, it abortions, in which women perform fde2-11ea-9ceb-061d646d9c67_story.html. a reversal of Roe v. Wade, protections strong opposition to this idea.10 If will still be possible to access abor- abortions on themselves.23 On the 13. Ibid. 36 for LGBTQ rights, and the Affordable Biden is able to appoint a liberal jus- tion in the United States. Individual other hand, pro-life advocates, who 14. McCammon, Sarah. “A Look At Amy Coney Barrett’s Record On Abortion Rights.” NPR. NPR, September 28, 37 Care Act.3 Republicans hoped Presi- tice, although the court would remain states have differing laws on the le- believe abortion is murder, think that 2020. https://www.npr.org/2020/09/28/917827735/a- look-at-amy-coney-barretts-record-on-abortion-rights. dent Trump would be able to appoint with a majority of conservative-lean- gality of abortion. While abortion preventing even a few abortions is an 15. Roe v. Wade, 410 U.S. 113 (1973) 16. “What If Roe Fell.” Center for Reproductive Rights. Ac- P a nominee in the little time he has left ing justices, it would be much more would become illegal in states that do improvement.24 Ultimately, abortions cessed November 1, 2020. https://reproductiverights.org/ P R in his term, and thus ensure a con- difficult for major cases like Roe v. not have legal protections, like Geor- have been occuring in the United what-if-roe-fell. R E 17. Ibid. E servative Supreme Court for years to Wade to be overturned.11 In that case, gia and Ohio, it would most likely States long before Roe v. Wade, and 18. Ibid. L come.4 Americans have always feared the Supreme Court ruled in 1973 that remain legal in states like Massachu- will likely will occur long after, even 19. Ibid. L 20. Crary, David. “Overturning Roe v. Wade Wouldn’t A a majority of justices with opposing a pregnant woman has the constitu- setts and Illinois that do have those if the case is overturned.25 The differ- Turn Back the Clock to 1973.” AP NEWS. Associated A W political leanings gaining control in tional right to have an abortion, and protections.16 While women in states ence between a country with Roe v. Press, May 27, 2019. https://apnews.com/article/297eb- baf618d40b4bbdfce9b2ba11d8b. W the Supreme Court, but it is important that this choice should not be subject unaffected by an overturning of Roe Wade, and one without, is a country 21. Ibid. R 22. Ibid. R E to understand what having a liberal to excessive government restriction.12 v. Wade may not experience much that the former offers safe, legal, and 23. Einbinder, Nicole. “Before Roe v. Wade, Desperate E V or conservative Court actually means While having another left-leaning change, the ruling could have a pro- accessible reproductive healthcare on Women Used Coat Hangers, Coke Bottles, Clorox, and V Sticks in Attempted Abortions.” Insider. Insider, May 28, I for the country, specifically in terms of justice on the court would not ensure found effect on those in states with- a national level, while the latter is one 2019. https://www.insider.com/what-life-like-women-need- I E Roe v. Wade.5 that rights such as access to abor- out legal protections. Women living that does not.26 ed-abortions-before-roe-v-wade-2019-5. E W 24. Roe v. Wade, 410 U.S. 113 (1973) W tion would be permanently protected, in abortion deserts, where abortion 25. “Save the Babies: Fingerprints.” ProLife Across America. Accessed November 22, 2020. https://prolifeacrossameri- In order to fully understand the impli- it would at least do so for the near would be illegal, would have to travel ca.org/learn/. cations of either a liberal or conserva- future because it would be less likely to abortion havens, where it would be 26. Roe v. Wade, 410 U.S. 113 (1973) tive appointment to a Supreme Court that a majority of justices would vote legal.17 This could lead to increased seat, it is important to note how each to overturn the case. inequality regarding abortion. Many of these situations can occur. The women would not be able to afford Court is currently stacked in the con- A left or right-leaning court could traveling to other states, which could servatives’ favor with six right-leaning result in various implications for the involve having to miss work or take justices and only three left-leaning country. Roe v. Wade is a case that expensive transportation.18 Abortion because of the recent appointment of many Americans are concerned with deserts already exist today in impov- justice Amy Coney Barrett.6 If Trump in regard to the Supreme Court.13 erished areas that lack hospitals and had been reelected, there would have Those who identify as pro-life, or are public transportation.19 Apart from been little Democrats could have opposed to abortion, were pleased at physical access to abortion, another DRUGS its standard, the production, sale, and use of THC-Acetate “supplements” amphetamine (CII), differences being limited to the replace- ment of a Benzene Ring with a Cyclohexane ring. Prong two is violated since the physiological effects of Propylhexedrine are nearly identical to that of Methamphetamine and its should remain lawful until explicitly AN ANALY S I S O F abuse is widely recognized. THC-O-Acetate Ester main- scheduled by the DEA. tains euphoric and sedative effects far greater than that of Dronabinol, thus prong two of the test is violated, even if it is determined that the structure of THC-O-Acetate Ester D R O NAB I N O L S C H E D U L I N G Current case law suggests that scien- and Dronabinol is substantially similar. Analog provisions would be arbitrarily enforced in this context since abuse of tific consensus over what constitutes Propylhexedrine, for example, is not prosecutable under the an analog is not required in the deci- Analog provision. BY MACKENZIE LUBY (CAS ‘22) sion of whether or not a substance is 9. Chevron U.S.A., Inc. v. Natural Resources Defense Coun- cil, Inc. 467 U.S. 837 fn. 9. indeed subject to the Federal Analog B As a schedule I substance, Dronab- contain sesame oil which is hard to In 1999, Marinol was rescheduled Act. It has been repeatedly suggested B O that any reasonable person of aver- O inol is scheduled alongside other separate from Dronabinol, while Syn- from CII to CIII recommended by the S S T “cannabimimetic” substances which dros contains Dronabinol in Ethanol then Secretary of Health. New evi- age intelligence would be able to see T O include its miscellaneous analogs. As which can easily be separated. When dence was found that cast doubt on the structural similarities of analogous O N a schedule II substance, Dronabinol is extracted, Dronabinol oil can be va- Dronabinol having an abuse potential substances.6,7 This ambiguity has led N scheduled as a medical formulation porized or consumed orally. consistent with its then CII status. This to arbitrary enforcement, which is U U N known as Syndros™, which is legal- evidence was corroborated by the his- made apparent when over-the-count- N I ly prescribed for nausea associated Although this is an officially recog- tory of patterns of abuse, public health er drugs fail to be prosecuted even I V with chemotherapy and to ease the nized defense, it is questionable on risk, and dependence liability associ- when their abuse potential is widely V E ill-effects of AIDS-induced anorexia. both chemical and legal fronts. Unre- ated with Dronabinol. It was reported recognized, and deviations in struc- E R ture differ by far less than that of THC R Lastly, as a schedule III substance, fined sesame oil has a boiling point of that there are few “scientific studies S S I Dronabinol is legally prescribed un- 177 degrees Celsius, which is easily that directly evaluate the pharmaco- and THC-O-Acetate Ester.8 I T der the brand name Marinol,™ and attainable by most standard kitchen logical and behavioral effects of the T Y is prescribed for the same ailments as stoves. The distillation and isolation product MARINOL ™ to indicate that Congress’s intent behind the Con- Y Syndros.1 of Dronabinol from Marinol is equiv- there are differences in its abuse lia- trolled Substances Act and its sched- alent to the process utilized to extract bility compared to oral Dronabinol.” uling system is unambiguous.9 The The Controlled Substances Act utilizes Dronabinol from Syndros, the only scheduling of Dronabinol into two 38 five “schedules” to assess medications difference being the temperature. This poses a problem for the sched- different schedules defined by their 39 in terms of their potential risk, medical Thus, the separation of Dronabinol uling of Syndros as a CII substance abuse/dependence liability may not purpose, etc. Penalties can be issued from Marinol may not be as difficult in March of 2017. All of the above reflect that intent. P based on schedule. The first schedule as HHS suggests. considerations were common knowl- P R R E consists of substances with high abuse edge amongst the DEA, HHS, and E potential and no accepted medical Additionally, the scheduling of Syn- the Food and Drug Administration for SOURCES L use. The latter four schedules are re- dros is rooted in speculative claims roughly 18 years prior to the sched- L A 1. Originally scheduled as a CII substance, re-scheduled A served for psychoactive substances that the extraction of Dronabinol is uling of Syndros. Thus, it is unlikely in 1999 due to information uncovered through a DEA in- W W with varying abuse potentials, that desirable, rather than empirical evi- that the DEA made such a decision dependent review which determined that Dronabinol had an abuse potential less than other substances traditionally R maintain accepted medical value. dence. The 2014-2015 Monitoring considering all the relevant factors, scheduled in CI or CII. See Federal Register: July 2, 1999 R E the Future Survey indicated that, in despite them being well known far in (Volume 64, Number 127), 35928-35930. 2. 82 FR 14817. E V Considering that the intent of the actuality, the diversion of Dronabinol advance, which subjects their ruling to 3. Ibid. V I Controlled Substances Act is to sched- from legitimate channels was unsup- review by the courts.4,5 4. Motor Vehicle Association v. State Farm Mutual Insurance I E Co. 463 U.S. at 42-43 (1983). E W ule substances according to their as- ported.3 This was determined prior to 5. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. W 402, 416 (1971). sociated risk, the fact that the same the approval of Syndros, and is cited Evidently, we see that scheduling of 6. United States v. Washam (2002) 312 F.3d 926, 930. substance, Dronabinol, is scheduled in the Drug Enforcement Adminis- medical Dronabinol is not based on 7. United States v. Forbes, 806 F. Supp. 232 (D. Colo. 1992). three times is contradictory. tration’s decision, meaning that the its inherent abuse potential, but rather 8. In the Washam decision, the court clarifies the two- DEA and HHS had prior knowledge strictly on the method by which it is pronged approach that law enforcement and the DEA must consider when determining a substance to be an analog; The Department of Health and Human that the abuse potential for Dronabi- administered. In this instance, since (1) The chemical must have a substantially similar structure to a controlled substance in CI or CII and; (2) The chemical Services (HHS) officially recognized nol was low, and that accusations of the THC-Acetate/Sesame Oil cap- must have the same effect on the body as the controlled that Marinol and Syndros consist of street abuse for dronabinol-contain- sules more substantially represent an substance it is suspected to mimic. In Washam, this log- ic failed on the end of the defendant since Monosodium the same pharmacology, and the only ing products were unfounded. The administration route of a CIII sub- Glutamate (MSG) and GHB were substantially similar in reason for the scheduling discrepan- DEA applied its scheduling authority stance it would seem logical for them structure (MSG metabolizes into GHB) but it failed the sec- ond part of the test requiring that the physiological effects cy is that the extraction of Dronabinol by weighting a hypothetical abuse li- to be considered an analog to one. be the same. In this case, however, both prongs of the test from Syndros is easier than that from ability greater than the empirical evi- Since the Federal Analog Act only are violated -- Take propylhexedrine for example. Propyl- hexedrine or Hexahydromethamphetamine is a common Marinol, thus increasing the liability dence. considers analogs of CI and CII sub- nasal decongestant available in the U.S. Over the Counter. Propylhexedrine is substantially similar in structure to Meth- of abuse.2 Indeed, Marinol capsules stances subject to prosecution under TRADE The negative results of Trump’s tariffs indicate that Section 232 of the Trade SOURCES Expansion Act of 1962 did not func- S E C T I O N 2 32 O F T H E T R AD E 1. Trade Expansion Act of 1962, Pub. L. 87-794, 76 Stat. tion as intended. Although action un- 877. 2. Fefer, Rachel F., and Vivian C. Jones. “Section 232 of der this law requires the Department the Trade Expansion Act of 1962.” Essay. In The Congres- E X PAN S I O N A C T O F 1 962: of Commerce to conduct an investi- gation before the president can im- sional Research Service. Washington, D.C.: Congressional Research Service, Library of Congress, 1993. https://crsre- ports.congress.gov/product/pdf/IF/IF10667. A R E G U L AT O RY L O O P H O L E? pose trade restrictions, it is disputable 3. Ibid. 4. Bown, Chad P., and Melina Kolb. “Trump’s Trade War whether this provides enough of a Timeline: An Up-to-Date Guide.” PIIE, September 30, 2020. https://www.piie.com/blogs/trade-investment-poli- check on the president’s power given B BY REBECCA KIELAR (CAS ‘23) that the Secretary of Commerce is a cy-watch/trump-trade-war-china-date-guide. 5. Ibid. B O 6. Ibid. O S presidential appointee and subject to 7. Ibid. S T The Trade Expansion Act was passed duration of the action to be taken to account for approximately two-thirds the president’s direct influence. Since 8. Bown, Chad P. “Europe Is Pushing Back against Trump’s T Steel and Aluminum Tariffs. Here’s How.” PIIE, March 2, O in 1962 as a means of managing adjust the subject imports”, President of the United States’ imports of steel Trump began his presidency, five in- 2020. https://www.piie.com/commentary/op-eds/europe- O N vestigations conducted by the Depart- pushing-back-against-trumps-steel-and-aluminum-tariffs- N the United States’ international trade Trump announced future implementa- and aluminum, these exemptions sig- heres-how. U practices in order to benefit and pro- tion of 25% steel and 10% aluminum nificantly reduced the economic im- ment of Commerce found imports to 9. Ibid. U 10. Ibid. N tect the national economy. Section tariffs on all trade partners, exceed- pact of the tariffs. Clearly, President be impairing national security.17 This 11. Bown, Chad P., and Melina Kolb. “Trump’s Trade War N I 232 of this Act specifies that if the ing the Department of Commerce’s Trump’s original steel and aluminum number is unusually high given that Timeline: An Up-to-Date Guide.” PIIE, September 30, I 2020. https://www.piie.com/blogs/trade-investment-poli- V the Department had arrived at this V Department of Commerce finds that recommendations.7 Although China tariffs did not align with international cy-watch/trump-trade-war-china-date-guide. E E imports “impair national security”, is one of the world’s largest steel and agreements. conclusion only ten times from 1962 12. Ibid. R 13. Ibid. R S the president holds the power to im- aluminum exporters, former adminis- through 2016.18 Given that Trump’s 14. Ibid. S I pose tariffs on those imports at levels trations had already imposed import The stated objective of President tariffs under Section 232 were un- 15. Ibid. 16. Ibid. I T recommended by the Department of restrictions precluding China from ex- Trump’s steel and aluminum tariffs im- successful in providing support to the 17. Fefer, Rachel F., and Vivian C. Jones. “Section 232 of T Y American economy, it is possible that the Trade Expansion Act of 1962.” Essay. In The Congres- Y Commerce.1 Prior to the Trump ad- porting more than 6% of the US’ total posed under Section 232 was to pro- sional Research Service. Washington, D.C.: Congressional ministration, Section 232 has been in- imports.8 Thus, President Trump’s steel tect the steel and aluminum industries the President is utilizing this section as Research Service, Library of Congress, 1993. https://crsre- ports.congress.gov/product/pdf/IF/IF10667. voked 26 times, with the Department and aluminum tariffs would more se- in the United States, along with the a loophole to implement tariffs for po- 18. Ibid. 40 of Commerce permitting intervention verely affect US allies than China. American economy as a whole. How- litical purposes. 19. Trade Expansion Act of 1962, Pub. L. 87-794, 76 Stat. 41 877. in 38% of those cases.2 A president ever, the tariffs had negative effects on has chosen to act on the Depart- Though acceptable under US law, the national economy. In April 2018, One possible solution to this issue is ment of Commerce’s findings only the tariffs’ accordance with World China retaliated with tariffs on various increased involvement of Congress in P P R six times, most recently in 1986, thus Trade Organization (WTO) policies American products.13 Later that year, deciding whether trade restrictions are R E utilization of this particular article has is disputable. Article XXI of the Gen- Trump terminated the tariff exemp- necessary. As the law currently stands, E been rare.3 Nevertheless, within the eral Agreement on Tariffs and Trade tions on the EU, Mexico, and Cana- the president is simply required to in- L form Congress of any actions he or L A past three years, the Trump adminis- (GATT) allows individual countries to da, resulting in retaliatory tariffs from A W tration has instituted trade-restricting determine if imports impair national the EU and Canada.14 As a result, the she plans to take under Section 232, W policies citing Section 232 on several security.9 However, if a country accus- United States government was forced and Congress cannot affect those de- R occasions, most notably on imports of es another of subsidies and dumping, to subsidize American farmers whose cisions.19 If Congress were given the R E steel and aluminum as well as on au- of which Trump accused the European exports were affected by around $27 power to approve or disapprove the E V President’s proposal, however, it would V I tomobiles and auto parts.4 Union, and no evidence exists to sup- billion by these retaliatory tariffs.15 I E port this, the WTO grants the targeted Although Trump’s tariffs are reported be significantly more difficult for the E W In April 2017, President Trump direct- country permission to retaliate with to have generated 8,700 new jobs in President to impose tariffs based on W ed the Department of Commerce to their own trade restrictions.10 Shortly the American steel industry, the higher political motives. Regardless of one’s investigate whether steel and alumi- after Trump’s announcement, the Eu- prices of these products cost American views of the Trump administration or num imports jeopardize national se- ropean Union reported plans for retal- steel consumers an extra $650,000 the role of Congress, the trade wars curity under Section 232.5 In February iatory tariffs against the United States per job created, which more than off- initiated by the United States over the of 2018, the Department of Com- based on this WTO policy, leading set the benefits.16 The tariffs not only past few years indicate that Section merce reported that these imports to Trump’s exemption of the EU and damaged the United States’ relations 232 of the Trade Expansion Act of were indeed a threat, enabling the several other allies from the tariff.11 with both ally and non-ally nations but 1962 may be worth reviewing. president to legally impose trade-re- Trump was also required to exempt also harmed Americans working in stricting policies on steel and alumi- Canada and Mexico from the new agricultural and steel-using industries. num exporters to the United States.6 tariffs in order to abide by the North It is thus fair to conclude that the tariffs As the law grants the president the American Free Trade Agreement.12 As enacted under Section 232 failed to power to “determine the nature and the EU, Mexico, and Canada together assist the American economy. T E C H N O LO GY interpretation of the 14th amendment by the Senate. It is likely that more americans-and-privacy-concerned-confused-and-feel- ing-lack-of-control-over-their-personal-information/. 11. Memoli, Mike, Ken Dilanian, and Alex Moe. “House Votes to Reauthorize FISA despite Trump’s Confusing cases will be brought before the Su- T R U M P ’ S AT T E M P T E D T I K T O K BAN : Tweets,” January 11, 2018. https://www.nbcnews.com/ preme Court, and data mining by the politics/congress/trump-throws-fisa-reauthorization-confu- sion-conflicting-statements-n836796. government can be argued as a vi- 12. Ingram, David. “Can the Government Look at Your P O L I T I C S O R S E C U R I T Y? olation of the plaintiff’s due process Web Habits without a Warrant? Senators Hope to Clarify That.,” May 16, 2020. https://www.nbcnews.com/tech/se- rights. curity/can-government-look-your-web-habits-without-war- rant-senators-hope-n1207936. B Y A N N A J E N S E N ( PA R D E E ‘ 2 2 ) Due to the slow nature of law-mak- ing and court proceedings, the gov- B President Donald J. Trump’s bid to and believe that the President’s ban ment will be faced with the grueling ernment, exemplified by the actions of B O O ban the widely popular app ‘TikTok’ would infringe on their right to prac- test of what is appropriate to regulate the Senate and President, appears to S S T has brought into question whether or tice free speech.7 vs. how they must uphold our basic put countering the threat of domestic T O not the ban is a violation of the First freedoms. terrorism over the importance of up- O N Amendment, granting freedom of There is precedent for what can be holding Constitutional rights. It is of N speech, despite the purported securi- interpreted as an excused violation The influx of user information, that course the job of the judicial branch U U N ty from China.1 In proposing the ban, of the Constitution in order to ensure can be accessed by the government, to protect the rights of the individual, N I Trump cited that TikTok would share national security. In 2001,The Patriot is causing fear among constituents and the court appears to be siding with I V user data with the Chinese govern- Act, passed in response to the 9/11 with the increase in government sur- the individual. The actions of both the V E ment. 2 Terrorist Attacks, increased the gov- veillance and monitoring. The govern- legislative and executive branch and E R R ernment’s power to ‘spy on its own ment’s expanded access to person- the judicial branches’ subsequent ruil- S S I On August 6, 2020 Trump issued Ex- citizens’ through the demand of any al information may lead to an even ings will provide greater insight into I T ecutive Order 13942 threatening to tangible evidence related to national greater threat to people’s personal the challenge over whether to counter T Y ban TikTok forty-five days after the Ex- security. The Patriot Act also allowed liberties and freedoms. terrorism or protect the indiviudal. Y ecutive Order issuance date if the app the FBI to commit searches without is not purchased by an American-run warrants and present their findings in A majority of Americans feel they have company.3 In response, Tik Tok filed the court with minimal judicial over- little control over the data that is col- 42 a preliminary injunction against the sight. The Patriot Act is seen by some lected by private companies and the 43 SOURCES President’s executive order, claiming as a violation of an individual’s due government. In addition to that ma- that the President’s sole objective is process rights as well as their right to jority, around half of Americans think 1. U.S. Const. amend. I P 2. Lerman, R. “Judge Blocks TikTok Ban in Second Ruling P to further his “anti-China rhetoric and freedom of speech.8 that the government is tracking what against Trump’s Efforts to Curb Popular Chinese Services,” R R E increase the chance of winning the they search on the Internet.10 September 28, 2020. https://www.washingtonpost.com/ technology/2020/09/27/tiktok-ban-injunction/ E election.”4 The potential conflation of The specific violation of Constitution- 3. Exec. Order. No 13942 (August 6, 2020), https:// www.whitehouse.gov/presidential-actions/executive-or- L security risk and anti-China concerns al rights allowed under the Patriot As the government begins to col- der-addressing-threat-posed-tiktok/ L A is not unique. In September 2020, a Act is allowance of the FBI the use of lect more data, a concern has aris- 4. Whalen, J.Federal court issues preliminary injunction A W halting administration’s ban of Chinese app WeChat,” Sep- W case arose in the U.S. District Court, wiretaps and physical searches. The en regarding whether or not it can tember 21, 2020. R regarding the Trump administration’s FBI does not need to prove probable be shared with law enforcement offi- h t t p s : / / w w w. w a s h i n g t o n p o s t . c o m / t e c h n o l o - R gy/2020/09/20/wechat-ban-blocked-trump/ E push to ban WeChat.5 cause in obtaining either of these types cials. The Senate rejected proposed 5. Lerman, R. Judge Blocks TikTok Ban in Second Ruling E V of evidence. The desire to circumvent Amendment 702 to the Foreign Intel- against Trump’s Effects to Curb Popular Chinese Services,” V September 28, 2020. https://www.washingtonpost.com/ I Ultimately, Judge Carl J. Nichols traditional Constitutional proceedings ligence Security Act (FISA) as of May technology/2020/09/27/tiktok-ban-injunction/ I E 6. Tik Tok et al vs. Donald J. Trump, Civil Action No. 1:20- E W granted a preliminary injunction grant- is due to the increased threat of ter- 15, 2020.11 This amendment sought cv-02658 (CJN 2020). W ing, the plaintiff WeChat “preliminary rorism on American soil and the stark to reauthorize FISA and would require 7. Brown, Abram. “Is This The Real Reason Why Trump Wants To Ban TikTok?” Forbes. Forbes Magazine, August 2, 2020. injunctive relief” in order to prevent objective to prevent another 9/11 di- a search warrant from a court in or- https://www.forbes.com/sites/abrambrown/2020/08/01/ “irreparable harm” to the plaintiff. The saster.9 der to search web browser history. is-this-the-real-reason-why-trump-wants-to-ban-tiktok/. 8. Hudson, David. “Patriot Act.” Freedom Forum Institute, courts ruled that the prohibitions put Currently the NSA does not need a September 2012. https://www.freedomforuminstitute.org/ in place by the President will consti- The President’s decision to ban TikTok warrant to collect foreign intelligence first-amendment-center/topics/freedom-of-speech-2/librar- ies-first -amendment-overview/patriot-act/ tute “indirect regulations of ‘personal unless it is sold to an American com- from foreign persons outside of the 9. U.S. Congress. House. Uniting and Strengthening Amer- ica by Providing Appropriate Tools Required to Intercept communications’ or the exchange of pany highlights the prioritization of US. However, a great deal of informa- and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001. information or informational materi- national security over an individual’s tion is also collected from American HR 3162. 107th Cong., 1st sess. In- troduced in House October 23, 2001. als” and is thus unconstitutional.6 First Amendment rights. As technol- citizens.12 https://www.gpo.gov/fdsys/pkg/ ogy and data mining become more BILLS107hr3162ih/pdf/BILLS-107hr3162ih.pdf. 10. Auxier, Brooke, Lee Rainie, Monica Anderson, Andrew TikTok is primarily used by young peo- advanced and hackers can track ev- It remains to be seen if searching web Perrin, Madhu Kumar, and Erica Turner. “Americans and ple, many of whom express their dis- ery comment or action we make and browser history is a violation of due Privacy: Concerned, Confused and Feeling Lack of Con- trol Over Their Personal Information,” August 17, 2020. content with the President via the app, search on the Internet, the govern- process. This represents a very rigid https://www.pewresearch.org/internet/2019/11/15/ SUBMIT TO THE PRE- LAW REVIEW The Pre-Law Review accepts submissions each semester. All essays must be around 600 or 1,000 words. Applicants must also include their full name in their submission. Essays submitted to the Pre-Law Review must be objective, and cover both sides of the issue at hand. The Pre-Law Review reserves the right to edit any submissions. All revisions are submitted to the author for approval before being authorized for final printing. All work must be properly cited, using Chicago-style citation endnotes. Plagiarized work is a violation of the Pre-Law Review’s Code of Ethics and the Boston University Handbook. If the Pre-Law Review staff finds plagiarism in any submission, the author will be barred from submitting further essays. Additionally, the Pre-Law Review reserves the right to not print submitted articles for any reason. Questions and submissions can be sent to the editorial staff at [email protected]
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