Volume 49, Issue 4
October 2023
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The Potential to Increase Efficiency in Immigration Courts through Broader Prosecutorial Discretion as Exemplified by the Mayorkas and Doyle Memos
Immigration is an area of law prone to frustrating backlogs in case processing. On April 3, 2022, Immigration and Customs Enforcement (ICE) Principal Legal Advisor Kerry Doyle published a memorandum (Doyle Memo) on prosecutorial priorities and discretion. The Doyle Memo produced a swift policy change that transformed immigration removal defense strategy by broadly expanding the…
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Minnesota Statutes Section 243.166 Subdivision 1(b) Has Got to Go: Why Requiring Predatory Offender Registration Based on a Charge as Opposed to a Conviction Violates Procedural Due Process
“[T]he right to be heard before being condemned to suffer grievous loss of any kind, even though it may not involve the stigma and hardships of a criminal conviction, is a principle basic to our society.” —Mathews v. Eldridge Minnesota Statutes section 243.166 subdivision 1(b) (subdivision 1(b)) requires a person to register as a predatory offender…
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Dobbsmacked by the Dobbs Decision: The Need for More Privacy Protection for Personal Health Information
Lizelle Herrera, at twenty-six years old, was arrested and charged with murder for allegedly performing a “self-induced abortion.” She was thrown into jail near the Texas-Mexico border with a $500,000 bail. After spending two nights in jail, she was released when the prosecutor dropped the charges because, in fact, no crime was committed. A health…
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Sex Offenders and Internet Speech: First Amendment Protections for America’s Most Reviled Outcasts
On Sunday, April 22, 2018, James Cornelio was arrested in his Connecticut home after a judge signed a warrant for his arrest. Mr. Cornelio was charged with a class D felony, a crime punishable by up to five years in prison. What was his crime? Mr. Cornelio did not include an email address—that he had…
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The Missouri Birth Certificate Statute: How it Strips Transgender Service Members of Fundamental Rights and Hinders Their Ability to Serve Openly in the U.S. Military
The battle for proper identification documents is not new to the transgender community. The first known petition to a court for the change of name and sex on a birth certificate by a transgender petitioner was filed in 1966. The petitioner was denied changes to their birth certificate. In recent years, transgender birth certificate issues…
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Semantics and Sin Tax: Maintaining Autonomy in the Age of Hyper-Personalization
Do we control technology, or does technology control us? Consider a scenario where you are driving home from work, and Google Maps diverts you from your regular course to a circuitous journey that is apparently faster. The accuracy of Google Maps hardly leaves the decision to the driver. The predictive certainty is only improving, further…