Qualified Immunity Doctrine: The Epitome of ‘Judicial Policymaking’

In a pointed solo opinion in Ziglar v. Abbasi (2017), Justice Clarence Thomas urged the Supreme Court, “[i]n an appropriate case,” to “reconsider [its] qualified immunity jurisprudence.” Justice Thomas argued that the Court’s qualified immunity jurisprudence “represent[s] precisely the sort of ‘free-wheeling policy choice[s]’” that are not within the providence of courts’ authority. This brief article critiques Mullenix v. Luna (2015) in order to elucidate the aforementioned concerns.

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“Don’t Say Gay” Law: The Constitutional Conflict Between Parental & LGBTQ Rights

The recent controversial approval of the “Don’t Say Gay” legislation by Florida Governor Ron DeSantis has prompted leaders like President Joe Biden and LGBTQ+ advocacy efforts to question the law’s constitutionality given Supreme Court precedent on LGBTQ+ rights. This article analyzes its legislative framework and implications for the nation’s educational institutions.

(Image via Tampa Bay Times/AP)

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Asylum Law and Title 42: A Lens for the Power of International Law

Title 42, an order issued by the Trump Administration in March 2020, sanctions the deportation of migrants and asylum-seekers for the purpose of “prevent[ing] the spread of communicable disease.” After criticizing his predecessor’s immigration policy during the 2020 Presidential Election, President Biden is now receiving backlash for keeping Title 42 in effect.

(Image via AFP/Getty Images)

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Echoes of Tibet: China’s Quest for Territorial Conquest

For nearly four decades, China has struggled to renegotiate its border with Bhutan for economic and strategic purposes. Having lost its patience, China has chosen to begin building on its border with Bhutan, raising concerns over what precedent was set by its past illegal annexation of Tibet and questions regarding what the international community can do to respond to illegal territorial expansion.

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Disparate Conceptions of ‘Theological Neutrality’: A Critical Analysis

There is no legal term more fundamental to the separation of church and state than “theological neutrality.” That being said, there remains fervent debate over how to apply this doctrine in practice. In order to show how malleable this term remains today, this article carefully compares and contrasts three landmark Establishment Clause holdings.

(Image via The Hyattsville Wire)

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Mitigating the Opportunity Costs of Criminal Convictions: Why Criminal Justice Reform Should Focus on Expungements

With empirical studies documenting the biases of the US criminal justice system, particularly misdemeanor convictions, state governments need to develop policies to mitigate the consequences of these convictions. Already, some states including California and Rhode Island revised their expungement statutes to increase the amount of people eligible for expungement.

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