Written by Courtney Woloson

The late Justice Antonin Scalia wrote, “There is no basis in text, tradition, or even contemporary practice for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction.” Though grim, this sentiment is more pertinent now than ever in light of modern restrictions on habeas corpus proceedings. Habeas corpus, translated from Latin to “produce the body,” is a process by which an individual may challenge the legality of their confinement. In other words, a state prisoner may seek federal habeas relief if their incarceration or sentencing were a result of a violation of the Constitution, federal law, or treaties of the United States. The writ of habeas corpus is one of the most deeply embedded individual liberties…

Written by Liam L. Garvey

People v. Casassa, decided by the New York Court of Appeals in 1980, has become part of the criminal-law “canon.” Reproduced in criminal- law casebooks, the law applied in the case illustrates the contrast between the “old” common-law “heat of passion” doctrine and the Model Penal Code’s “modern” remake (known as “extreme mental or emotional disturbance”) of that old doctrine. The facts described in the case, according to many feminist scholars, illustrate why the defense, in whatever form, should be limited, if not abolished altogether. Judging from the facts recited in the opinion, the feminist critics have a point. Casassa comes off, as many feminist scholars suggest, as a possessive and jealous ex-boyfriend who got angry and killed the victim when she refused some booze he’d offered as a “gift.” The opinion does describe Casassa as “peculiar,” and mentions that his defense included psychiatric testimony, but the overall impression remains…

Written by Skyler Kretz

In a post-Dobbs world, there is no longer a fundamental right to an abortion. Although the law does not explicate an inherent fundamental right to an abortion, many wonder if the Constitution can still protect a woman’s right to an abortion via other proxies. While definitive claims that abortion protections do not, verbatim, exist within the Constitution, it is possible protections against abortion restrictions do, and one such way these restrictions could be limited is under the 8th Amendment. This note serves to trace the history of the Eighth Amendment through precedent into modern jurisprudence, how abortion rights came into legal analysis and where they stand, and the direct application of the Eighth Amendment’s cruel and unusual punishment clause to protecting abortion…

Written by Erin Buchanan

In its decision to overturn the constitutional right to abortion in Dobbs v. Jackson, the Roberts Court sent a tumultuous shock through the field of civil rights, leaving many Americans to wonder which other civil liberties are at risk. One such right brought into question by Dobbs is that of privacy. A citizen’s right to make personal decisions without government interference is a concept that extends far beyond American jurisprudence—it is widely recognized in fundamental literature, such as the Universal Declaration of Human Rights…

Written by Noah Christiansen

When many analyze civil rights in the United States, they refer to the Fourteenth Amendment. As a reconstruction era amendment, there is an integrality in understanding civil rights as being upheld through the Public Debt Clause of Sections Four and Five of the Fourteenth Amendment. For example, there is an inseparability in discussing civil liberties without the necessary public debt that is associated with them. From disability benefits and welfare to overall the structure of our government, ensuring that public debts are paid is of utmost importance.This is not to assume the stereotypes surrounding marginalized communities receiving supplemental benefits are true…