By: Tayten Han ‘28
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Aniya Goodrum
Volume X – Issue II – Spring 2025

I. DEFINING SOLITARY CONFINEMENT

Solitary confinement, often called Administrative Segregation or Special Housing Units (SHU), operates as a prison within a prison. Inside these walls, the incarcerated are subject to extreme forms of physical and social isolation. These cells are half the size of a regular prison cell, measuring about six by nine feet––smaller than the inside of a car—for up to twenty-three hours a day. [1] Some cells are lit around the clock with no windows or clocks, impeding the ability to distinguish between day and night or track the number of days that have passed. [2] Outside of the physical constraints, inmates have virtually no contact with other human beings, aside from correctional officers when receiving meals or being escorted to the yard or showers for one hour. [3] Additionally, inmates are routinely restricted access to work, prison programming, and reading materials. [4] Solitary confinement has been associated with a range of adverse health effects, including insomnia, paranoia, hallucinations, and aggression. [5]

By: Caitlin Gallagher
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Robert Farbman
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Dominic Enright
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Max Ehrlich
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Noah Duguma
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Ben Denker
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Alexis Cohen
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Talia Cherry
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Lorenzo Blanco
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Aryan Batada
Volume X – Issue II – Spring 2025

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Allison Wong ‘27
Volume X – Issue I – Fall 2024

I. INTRODUCTION

On June 27th, 2024, the U.S. Supreme Court decided Securities and Exchange Commission (SEC) v. Jarkesy et al. in a 6-3 ruling in favor of the respondents. [1] George Jarkesy Jr. created hedge funds in 2007 and 2009 with the financial backing of Patriot28 LLC. [2] On March 22, 2017, SEC pursued legal action against Jarkesy et al. for alleged overvaluation and other fraudulent claims. [3] Based on guidelines set by the federal antifraud provisions as well as the Dodd-Frank Wall Street Reform and Consumer Protection Act, the SEC proceeded with an in-house adjudication process. [4] In response to the Administrative Law Judge’s decision to impose civil penalties, Jarkesy et al. petitioned the U.S. Fifth Circuit District Court of Appeals, where the decision was reversed and remanded. [5] The case brought up key issues regarding the Seventh Amendment right to trial by jury, the difference between public and private rights, the boundaries of common law, separation of powers, and the nondelegation doctrine. In turn, the SEC appealed to the U.S. Supreme Court, which focused specifically on the Seventh Amendment in the majority opinion. [6] SEC v. Jarkesy matters because it examines the ability of government agencies to uphold regulations as well as Congress’s ability to delegate that responsibility. In combination, the Fifth Circuit and SCOTUS decisions in this case broaden both the depth and scope of its impact. Although the SCOTUS decision in SEC v. Jarkesy appropriately categorizes securities law as a private rights and common law concern, it fails to consider the potentially devastating impacts of its precedent. Based on the practical limitations of governmental institutions, this case develops a legal fantasy that works towards not only dissecting but also dismantling the current regulatory state.

By: Rena Watanabe ‘25
Volume X – Issue I – Fall 2024

I. INTRODUCTION AND BACKGROUND

The right to family integrity is a fundamental constitutional right under the Due Process clause that recognizes the ability for families to make their own decisions and live together without governmental interference. [1] Family integrity has become more visible in the immigration system, as increased border security coupled with a lack of pathways for lawful status has given rise to immigrant populations in the United States. Immigration courts handling child protection proceedings (including child asylum cases) grapple with life-altering decisions concerning children who are victims of domestic abuse, gender-based violence, child labor, and persecution in their home countries, sometimes perpetrated by their own family members. [2] The outcomes of these decisions can be life or death for children – they can either find safe shelter in the United States, or be deported and subjected to danger in their home countries. Yet, judges make such life-altering decisions that directly impact children’s safety, permanency, and connection to their family without considering their own voices and viewpoints.

By: Jesse Ward ‘26
Volume X – Issue I – Fall 2024

I. INTRODUCTION

Amidst a changing climate and global economy, balancing history and heritage with progress is a pressing challenge for any country, including the United States. How can the nation take care of its historic resources without hindering technological advancement? Historic preservation law, the legal framework that protects valuable historic buildings, objects, structures, and lands, is critical to that balance, and relies on one federal statute. In 1966, the United States Congress passed the single most important federal legislation about the past: the National Historic Preservation Actor NHPA. According to the law, projects by the federal government or that use federal funds and affect historically significant structures have to undergo review on their level of harm and mitigation efforts. [1]

By: Emma Staller ‘26
Volume X – Issue I – Fall 2024

I. INTRODUCTION

In December 2017, former United States President Donald J. Trump announced his decision to move the United States embassy in Israel from Tel Aviv to Jerusalem, describing it as “a long-overdue step to advance the peace process and to work towards a lasting agreement. [1] The official relocation of the embassy on May 14, 2018 prompted the State of Palestine to initiate legal proceedings against the United States before the International Court of Justice (ICJ), alleging violations of the Vienna Convention on Diplomatic Relations of April 18, 1961. [2] This action swiftly and forcefully thrusted the ICJ into the global spotlight. Palestine has formally asked the Court to rule that the relocation of the U.S. embassy to Jerusalem violates the Vienna Convention and to issue a mandate requiring the U.S. to fulfill its obligations to prevent future violations, while ensuring such unlawful actions are not repeated. [3] This brings us to the present moment, marked by a significant impasse of profound implications as the world watches in anticipation for international judicial bodies, such as ICJ, to resolve the current standstill.

By: Timothy Son ‘27
Volume X – Issue I – Fall 2024

I. INTRODUCTION

What is a “treaty?” When is a treaty enforceable in the U.S. domestic courts? How should the treaties be interpreted? As much as the international law itself, the U.S. jurisprudence on international treaties has been ambiguous, if not, narrowly defined. The U.S. Constitution lays the actors responsible, including the judiciary authority over the treaties, however, it leaves a significant ambiguity in the enforcement of treaties in the U.S. domestic courts. Article II of the U.S. Constitution grants the President the treaty-making power with the consent and advice requirement from the Senate. [1] Article VI, known as the Supremacy Clause, states that all treaties “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” [2] Finally, Article III, Section 2, Clause 1 provides that the judicial power will “extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.” [3] This paper will argue that the Supreme Court’s role in international treaties—specifically in constitutionality, interpretation, and private enforcement of treaties—has been rarely standardized. Recent court cases flipped decades-long precedents on the basic assumptions of treaty interpretation and made abrupt changes in the authority of the President to make treaties, the Congress, and private enforcement.

By: Ria Sodhi ‘25
Volume X – Issue I – Fall 2024

I. INTRODUCTION

The US criminal justice system houses nearly 2 million people in 1,566 state prisons, 102 federal prisons, 2,850 local jails, 1,510 juvenile correctional facilities, 186 immigration detention facilities, 82 Indian country jails, military prisons, civil commitment centers, and state psychiatric hospitals. [1] Mass incarceration in the US keeps increasing at ungodly rates. The issue with the system is that it is no longer used for its purpose:to lock up those who commit crimes. Mass incarceration now reflects the system's complexity, arising from a range of factors and components that have made it a symptom rather than a cause. This paper argues that mass incarceration is a symptom of poverty and that, despite laws enacted to support those affected, they fail to endure due to the criminal justice system's vicious cycle. We are now using the system not to keep communities safe but to extract money from those who don't have those financial resources. This leads them to take dire actions just to take care of themselves and their families. Even if those formerly incarcerated make it out and have reformed, they face a lot of hardship and prejudice.

By: Tess O’Donoghue ‘28
Volume X – Issue I – Fall 2024

During the consequential 2023–2024 Supreme Court term, one key case received minimal media attention: City of Grants Pass v. Johnson, which essentially criminalized homelessness by allowing city governments to fine and jail the unsheltered homeless for sleeping in public. Oral arguments involved three main subjects of debate: the extent to which homelessness is involuntary and should be considered a protected status, whether the City’s response to homelessness constitutes “cruel and unusual” punishment, and how the law relates to the City’s policy-making authority. The majority held that “the enforcement of generally applicable laws regulating camping on public property does not constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment.” [1]

By: Ava Malkin ‘27
Volume X – Issue I – Fall 2024

I. INTRODUCTION

In 1947, psychological experts Drs. Kenneth and Mamie Clark conducted an investigation, colloquially deemed the “doll test,” which played an integral role in the Brown v. Board of Education (1954) case and the future legal system, particularly in combination with social science research.

Conducted years before Brown made its way to the Supreme Court, this social scientific study used identical dolls of different races. These scholars explained that their results indicated decreased self- esteem, racial awareness, and internalization of value judgments in African American children, as young participants responded to questions in a way that outwardly favored white dolls over black ones. During Brown, Dr. Kenneth Clark utilized these findings in his testimony as evidence that African American students endured psychological harm—an impaired self-image—due to segregation, thereby arguing for a legal and psychological need for change. [1] The Court then cited this evidence as part of their decision in the Brown case; thus, the Clarks’ findings contributed to Brown’s overturning of the “separate but equal” doctrine from Plessy v. Ferguson (1896). [2]