Supreme Court Presages Broad Religious Exemptions to State and Local Non-Discrimination Provisions

Supreme Court Presages Broad Religious Exemptions to State and Local Non-Discrimination Provisions

Fulton v. City of Philadelphia, Pa., 141 S. Ct. 1868 (2021). I. Introduction In Fulton, both the district court and court of appeals held in favor of the defendants, citing Employment Division v. Smith as controlling precedent regarding “neutral laws of general applicability.” Fulton v. City of Philadelphia, 320 F. Supp. 3d 661, 704 (E.D.…

Farmers Versus the State: The Tenacious Fight for India’s Democracy

Farmers Versus the State: The Tenacious Fight for India’s Democracy

Abstract During the height of the global COVID-19 pandemic in 2020, Indian Prime Minister Narendra Modi enacted three agricultural reform laws that adversely impacted the livelihood of Indian farmers. The three laws weakened restrictions that have protected Indian farmers from the free market for decades and consequently left them vulnerable to big corporations that would…

Wrongfully Charged

Wrongfully Charged

The Unreasonable Search and Seizure On January 10, 2020, a San Francisco Superior Court judge, at the request of a San Francisco Police officer, issued an arrest warrant in connection with a residential burglary. Mot. Suppress Evid. Off’d Against Def. Prelim. Hr’g, 6:1-2. The warrant listed suspects to be arrested and described a residence in…

Communitas (IM)perfecta: How the Internal Organization of the Catholic Church Heightens Obstacles to Remedies for Clerical Sexual Assault Survivors and Recommendations to Remove These Obstacles

Communitas (IM)perfecta: How the Internal Organization of the Catholic Church Heightens Obstacles to Remedies for Clerical Sexual Assault Survivors and Recommendations to Remove These Obstacles

The true character of a society is revealed in how it treats its children.Nelson Mandela Abstract Although the Catholic Church has been referred to as a “communitas perfecta” (the perfect community), more than 30,000 incidents of child clerical sexual abuse have been reported by survivors in the United States. The rampant sexual abuse of minors…

Constitution-Free Zones: How the Fourth Amendment Rights of Americans are Violated at and Near the Border

Constitution-Free Zones: How the Fourth Amendment Rights of Americans are Violated at and Near the Border

A Not So “Welcome Home” on a Scorching Summer Drive Across the Border Imagine driving through miles upon miles of dry, barren, flat roads into Laredo, a border town in southern Texas, on a scorching hot August day. You are returning home after a long trip to Mexico.  The car is packed with your belongings.…

What “Good” has Come from the “Good Faith” Exception?

What “Good” has Come from the “Good Faith” Exception?

A Wise Justice’s Forewarning Breonna Taylor at a graduation ceremony in Louisville, Kentucky. Source. In 1949, Justice Frank Murphy dissented in the case of Wolf v. Colorado, passionately defending the exclusionary rule. The forward-thinking justice, who was a leading advocate in the fight for racial equality, warned that only by exclusion can we ensure that…