By: Gianna Fienberg, L’19 The University of California at Berkeley is considered to be a bastion of free speech.[1] Berkeley started the Free Speech Movement in 1964, when students held a sit-in to protest restrictions on free speech at the University that prevented students from distributing flyers about major political issues, such as the Civil Rights Movement or the Vietnam War.[2] Today however, some conservatives … Continue reading Overbreadth in UC Berkeley’s Free Speech Battle

By: MaryAnn Grover, L’19 2017 has been described as a historically catastrophic year by the agency tasked with dealing with those catastrophes.[1] In 2017, almost eight percent of the United States population was affected by significant natural disasters, and the Federal Emergency Management Agency (FEMA) received more registrations for their Individual Assistance program than were received for Hurricanes Rita, Wilma, Katrina, and Sandy combined.[2] In … Continue reading FEMA: What Happens When the Well Runs Dry?

By Halley Taylor, L’19   The Children’s Health Insurance Program (CHIP), was created in 1997 to provide health insurance to children and, in some states, pregnant mothers in families with incomes too high to qualify for Medicaid but too low to afford private insurance.[1] Today, CHIP provides approximately 8.4 million children and 370,000 expectant mothers with health insurance[2], including 65,000 children and 1,100 expectant mothers … Continue reading Children’s Health Insurance Program Extended for Six Years

By: Riley Henry, L’19 “Due to the temporary shutdown of the federal government that began at 12:01 a.m., January 20, all Library of Congress buildings are now closed and all public events are canceled until further notice.”[1] This declaration is the notice that greets visitors on the Library of Congress’s website.[2] Since the federal government shutdown on Saturday, thousands of “nonessential” federal workers have been … Continue reading Who Works When The Government Shuts Down?

By: Allison Tinsey, L’18   In April, the Richmond Public Interest Law Review published my comment on the right of private action in healthcare discrimination cases.[1] In that article, I reviewed the nondiscrimination provision of the Patient Protection and Affordable Care Act (“ACA”) (“section 1557”),[2] and its complementary regulations promulgated by the U.S. Department of Health and Human Services (“HHS”) (“final rule”).[3] As discussed, the … Continue reading Update on ACA Section 1557 Litigation & Regulations

By: Rachel Lugay, L’19 “We cannot expect our children to raise themselves up in schools that are literally falling down.”[1] In 1997, former President Bill Clinton addressed the overwhelming number of school buildings in disrepair calling it “a serious national concern.”[2] The unhealthy and unsafe conditions of American public schools have been a mostly unresolved issue for decades.[3] At the heart of the problem are … Continue reading Modernization for Equal Education

By: Kristin Godsey, L’18 In Miller v. Alabama, the Supreme Court held that mandatory life without parole sentences are unconstitutional for juvenile offenders because they violate the 8th Amendment.[1] Miller involved two cases where a fourteen-year-old was sentenced to a mandatory term of life without parole.[2] Both sentencing schemes at issue did not allow judges or juries to consider youthful factors and impose a lesser … Continue reading Juvenile Sentencing: Approaches After Miller

By: Tori Zicker, L’18   In 2011, the Department of Education released a Dear Colleague Letter, outlining the requirements and obligations of universities with respect to Title IX and its implementing regulations regarding sexual assault and sexual harassment.[1] This letter, implemented during the Obama Administration, lowered the standard of proof for sexual assault cases to a preponderance of the evidence standard.[2] Some criticized this action, … Continue reading From Preponderance of the Evidence to Clear and Convincing: DeVos’ Rollback of Obama-era Sexual Assault Guidelines

By: Creighton Boggs, L’19 On September 5th, Attorney General Jeff Sessions announced that the Trump administration would end the Deferred Action for Childhood Arrivals (DACA) program.[1] The deferred deportation program granted temporary relief to approximately 800,000 undocumented immigrants who entered the United States as children.[2] Conservatives have long criticized the program, established by President Obama through executive action in June 2012, as an unconstitutional abuse … Continue reading The Role of State Governments in Enforcing Immigration Policy in Federal Court