Vol. 3, No. 2


  • SCOTUS

    THAW AND ORDER: WHY CURRENT ARCTIC GOVERNANCE IS INSUFFICIENT IN A WARMING WORLD

    Written by Tyler Vondriska

    Having embarked on their Endurance Expedition in late 1914, explorer Ernest Shackleton and his crew of twenty-eight men sought to complete the first sea-to-sea crossing of the Antarctic continent via the South Pole. However, in November of 1915, Shackleton’s ship, the Endurance, became trapped by sea ice. Despite the crew’s best efforts, the Endurance was soon crushed by the ice and pulled to the depths below. The crew, left stranded on drifting pack ice hundreds of miles from land, resorted to using the three remaining lifeboats to traverse the sea ice and reach the remote enclave of Elephant Island. After months of braving the harsh Antarctic conditions, Shackleton and his crew were finally rescued in 1916. This heroic feat of survival serves as a stark reminder of the perils of marine travel through the poles. The treacherous conditions Shackleton and his crew faced during their attempted crossing of Antarctica are echoed by the region’s northern counterpart: the Arctic. Unlike Antarctica, the Arctic is not a continent but rather the world’s northernmost and smallest ocean. The Arctic Ocean is famous for its perennial sea ice cover and encirclement by the North American, Eurasian, and Greenlandic land masses. For many polar explorers, perhaps even more coveted than a successful trans-Antarctic expedition was the discovery of a northern sea route connecting the Atlantic and Pacific Oceans via the Arctic. Historically, however, such routes were impassable due to impenetrable sea ice.

  • Roulette Table and cards next to a computer

    CONFESSION AT ANY COST: A CRITICISM OF THE USE OF DECEPTION IN JUVENILE INTERROGATIONS

    Written by Courtney Woloson

    “Being lied to by the police was a psychological torture that was just as difficult to process and heal from as physical torture,” admits Terrill Swift, a man wrongfully convicted at the age of 17. Swift spent over fourteen years behind bars, primarily due to his false confession he issued as a juvenile, before being exonerated by DNA evidence in 2012. Unfortunately, Swift’s story is not the only one of its kind. Although often devastating in result, the use of deception in interrogation settings is a legally sanctioned and commonly used exercise of police authority. A child’s identity is characterized by dependency and vulnerability. It should therefore be the role of the law to protect this identity by issuing greater protections and being especially attentive to the vulnerability of juveniles within the legal system. However, law enforcement subjects children to psychologically coercive interrogation tactics. The legal system and law enforcement actors routinely fail children in this way, preying on their developmental shortcomings over which they have no control.

  • Voter entering a ballot into a ballot box while another person grabs the ballot

    DESTRUCTIVE CONSTRUCTION: HOW CALIFORNIA CAN PROVIDE TENANTS MORE ADEQUATE PROTECTIONS FROM ‘RENOVICTIONS’ AND BUILDING CONSTRUCTION HARASSMENT

    Written by Owen Tumer

    The compounding effects of rising rents, eviction rates, and litigious action between landlords and tenants have put the question of tenants’ rights and protections in the public eye. This problem is especially pronounced in California, and as such the State legislature recently put forward S.B. 567, or the “Homelessness Prevention Act”, an amendment to current tenant protections that would limit annual rent increases and tighten restrictions on the circumstances which would allow landlords to serve no-fault just cause evictions to their tenants. This Act has failed to address one of the most common types of these evictions, so-called ‘renovictions,’ where landlords use the pretext of a significant remodel or renovation to evict tenants and relist the apartment at a higher rent. Construction, renovation, and demolition can be used in this way as an avenue to legal eviction, but also as a means of harassment to drive tenants out through constructive eviction. Evaluating both S.B. 567 and the current definition of civil harassment which covers actions by landlords against their tenants, it is clear that there are still numerous legal gray areas where landlords can use construction to both harass and evict tenants. New York, also feeling the effects of heightened rents and eviction rates, has provided tenants with a stronger framework for identifying and reporting landlord harassment and violations that may constitute constructive eviction. By drawing on the specific wording between the relevant laws in both states, we offer a potential solution that requires very little change to S.B. 567 and other existing civil codes.

  • Building with multi-faith religious iconography

    BYTE-SIZED CELEBRITIES: EXPANDING LEGAL PROTECTIONS FOR MINORS INVOLVED IN DIGITAL CONTENT CREATION

    Written by Dominique Sardinas

    This Note examines the evolving landscape of digital content creation and its impact on minors, focusing on the need for expanded legal protections to ensure minors’ internet safety and financial security. As the traditional entertainment industry framework proves insufficient in addressing the unique challenges posed by digital platforms, this Note proposes three distinct steps to confronting these inadequacies. First, the Note argues for expanding the right of publicity to encompass its ambiguous role in the digital age. Next, the Note scrutinizes the limitations of Coogan Law in its application to contemporary digital roles. It proposes reforms to adapt the statute to encompass the unique nature of online content creation, ensuring minors involved in emerging digital professions receive proper financial protections. It also scrutinizes the blurred lines between guardian and employer roles in family-driven digital content, emphasizing the need to bridge gaps in oversight. Finally, this Note delves into the concept of the right to be forgotten and its relevance in shielding minors from the long-term repercussions of their digital presence. It examines how this right can be integrated into existing legal frameworks to allow minors a degree of control over the permanence of their online footprint.

  • AMERICAN IDENTITY ON THE GLOBAL STAGE: EXPLORING UNITED STATES ‘IDENTITY’ IN THE AGE OF GENOCIDE

    Written by Sariah Perera

    In the complex international law and foreign policy arena, the United States stands as a beacon of democratic ideals and a champion of human rights. Rooted in a history forged by the struggle for independence and shaped by the visionaries who crafted the Constitution, the American identity is synonymous with the pursuit of justice and the defense of liberty. Yet, as we delve into the annals of history, a disquieting truth emerges – a truth that compels an inquiry into the United States’ role in the face of genocide around the globe. This note critically examines the United States’ obligation to confront genocide and the nuances surrounding its interventionist role on the global stage, using the Iraqi Genocide of its Kurdish population as a case study for insufficient genocide prevention and accountability. Despite the lofty rhetoric that echoes through the halls of power, instances abound where the nation has faltered in translating its professed commitment to human rights into decisive action. In navigating the tumultuous nuances of international law and domestic interests, it becomes imperative to question whether the United States, with its formidable global influence, has consistently upheld its moral imperative or, at times, succumbed to the complexities of realpolitik. This note seeks to unravel the intricate threads of American identity woven into the fabric of global interventionism by dissecting historical precedent, existing international law, and contemporary challenges in Iraq and Gaza. From the echoes of past atrocities to the unsettling silence in the face of present-day crises, this note is guided by the overarching question: How has the United States navigated its duty to confront genocide, and what does this tell us about the evolving contours of its identity on the global stage? The lack of enforcement powers in the framework of existing international law permits states to commit genocide and falter in their obligation to prevent genocide, calling for a reframing of international tribunals and domestic modes of accountability.