Most Recent Issue: Spring 2022 Issue
To view past issues: Find them here.
Fall 2022 Issue with Articles:
Necessities to Life: The Fundamental Rights to Clean Air and Water, Sophia Reiss
What Would Happen If…?, Gianna Bruno
Op-ed: A Country of Immigrants, But Not In Their Favor, Lauren Davis
“The Family Separation Crisis That Nobody Knows About” How Our Flawed Legal and Prison Systems Work to Keep Incarcerated Parents from Their Children, Jenna Blocher
How Has COVID Impacted the Call for Reform in the Criminal Justice System?, Olivia Sinkoff
Qui Tam: An Ingenious Bulwark Against Fraud, Tavorr Vaxman-Magid
Restricting Freedom of Speech: An Analysis of Censorship Cases in Relation to Misinformation during the COVID-19 Crisis?, Anika Jain
The Halachic Mandate for Gender Affirming Care: Examining the Potential Efficacy of Religious Liberty Claims Made By Jewish Health Care Providers, Daniel Block
Spring 2022 Issue with Articles:
Book Review: Jan Nisbet’s Pain and Shock in America: Politics,
Advocacy, and the Controversial Treatment of People with Disabilities, Daniel Breen
Abortion in the United States: The Road to Vague Legislation, Gianna Bruno
Roe v. Wade was one of the first landmark cases instituting abortion policies in the United States. While legislation regarding abortion has been modified since 1973, the state of the nation has also changed as it has become increasingly polarized. Abortion legislation was introduced as an attempt to solve a privacy issue. However, over time, the discourse around abortion turned away from its legality in terms of privacy to also include discussion about healthcare and the morality of the legislation itself. Vague legislation yields uncertainty for the future of abortion policies.
Ensuring the Power of the Beth Din: Creation of the Halakhic Prenuptial Agreement, Anna Fernands
One purported solution to the agunah problem is the halakhic prenuptial agreement. This paper examines the process that created the halakhic prenup through focusing on the Conservative movement’s adoption of the Lieberman Clause, the Koeppel v. Koeppel case, and the growing Orthodox feminist movement. In examining the cultural forces that led to the creation of the halakhic prenup, it becomes clear that the Orthodox Rabbinate designed the halakhic prenup to secure the power of the Orthodox Beth Din. The halakhic prenup was created as a direct result of increasing numbers of Jewish women turning to secular courts for a solution to the agunah problem.
What Makes a Sound Supreme Court Justice?, Gonny Nir
When asked, legal scholars, commentators, and avid Court watchers will gleefully name the best Supreme Court justices to have served on the bench. Even justices have their favorite predecessors, and numerous academic lists have set out to rank justices’ tenures on the bench. Yet when asked what exactly makes a good justice, there seems to be a pause among academics– individuals can seldom list the qualities that make for a legendary tenure. There is a hole within the literature that identifies which factors made the greatest Supreme Court justices the legal giants they were. This article aims to fill that hole by identifying the qualities that land justices on scholars’ “all-time” lists.
Positronic Individuals: An Intellectual Property Framework for Artificial General Intelligence, Emanuel “Manny” Glinsky
Current United States Intellectual Property (IP) policy only allows patents to be awarded to human beings, largely due to the necessity that an inventor be an individual capable of conception. This prevents Artificial Intelligence (AI) from being recognized as an inventor and awarded IP rights. This article explicates the need for an entirely new IP framework to evaluate Artificial General Intelligence (AGI), a type of AI recently acknowledged by the USPTO as problematic for the U.S. IP system, and its impact on IP laws of the future.
Fall 2021 Issue with Articles:
Application of European Model to Curtail Hate Speech in the U.S., Sophia Reiss
On America’s Inexplicit Dignity, Josh Rotenberg
The Right to Privacy: The Need For an Ever-Evolving Legal Movement, Gianna Bruno
The Discreet Uniter: An Analysis of Elena Kagan’s Role on the Roberts Court, Gonny Nir
7,341 Incidents and Counting: Analyzing the Evolution of American Hate Crime Legislation and How it Varies by State, Jessica Daniel
Gender, Crime and the Disparities in the Criminal Justice System, Alyssa Fu
An Exploration of Justice in the Context of Ethical Guidelines, Emily Bar-Mashiah
Spring 2021 Issue with Articles:
The Fourth Amendment Judicial Understanding: Third Parties, Sophia Reiss
Lights, Camera, Action! How Hollywood Avoided Eternal Federal Censorship, Renée Nakkab
Updating Our Rights With The Internet: Arguing the Necessity of a Fundamental Right to Internet Access, Joshua Rotenberg
Does Innocence Matter in Criminal Appeals? Cat Gibson
Voting While in Mass Incarceration, Rebecka Sokoloff
Features Section: Opinions
Options for the Biden Administration to Prevent Iran from Developing A Nuclear Weapon, Kevin A. Mani
Reining in the Imperial Presidency: The Case for a Weak Executive, Julian Flesch
SUBMISSIONS
Our journal requires all submissions of articles and abstracts to be:
- Original and from the Brandeis community.
- Related to law and/or using legal reasoning.
Please include a title, author, and author’s biographical information (relation to Brandeis, etc).
We accept all submissions for publication at any time. We highly encourage undergraduate scholarship. We will work with undergraduates interested in learning about legal writing, research, and scholarship to develop these skills.
All those interested in involvement through writing, editing, or administrative roles are welcome.
Please send any questions, submissions, or inquires to brandeisulawjournal@gmail.com
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