Volume 19, Issue 1 (Fall 2021)

Posted in Issues Archives

Reading Time: 4 minutes

LEGALIZING PROSTITUTION: PROVIDING PROTECTION FROM THE LAW.

Madison Rupert

In recent years, representatives from several different states have proposed legislation and policies at the national, state, and local levels of government that aim to afford increased protection to individuals who sell sex. This increase in proposed legislation suggests that politicians have begun taking seriously the harms that individuals who sell sexual services face every day, though their means to protect such individuals vary widely. Read More.

COMBATING DOMESTIC TERRORISM: CONSTITUTIONAL ISSUES AND PRACTICAL SOLUTIONS

Captain Melissa Ken

Recent events in the United States have fueled the ongoing conversation regarding the domestic terrorist threat within our nation. Multiple studies indicate that the greatest terrorist threat to the United States no longer emanates from a foreign source but comes from within. In response, many lawmakers have proposed various legislative solutions, including the creation of a domestic terrorist organization designation similar to the existing foreign terrorist organization designation. This Article analyzes constitutional issues in creating a domestic terrorist organization designation and concludes that such a designation is not constitutionally feasible. It proposes several practical alternatives to provide law enforcement and prosecutors with the necessary resources and tools to combat this growing threat within the United States while preserving its most cherished liberties, such as freedom of association and free speech.  Read More.

RAISING THE BAR: WHY NEW JERSEY SHOULD RECONSIDER ITS MENTAL HEALTH INQUIRIES ON THE BAR EXAM

Summer Cordasco

The combination of long hours, conflict-driven work projects, and demanding work environments has helped to establish the high-stress reputation of the legal profession. In 2016, a study of almost 13,000 attorneys funded by the Hazelden Betty Ford Foundation and the American Bar Association Commission on Lawyer Assistance Programs found that 20.6% of the attorney participants screened at a level consistent with problem drinking, 28% were experiencing signs of depression, 19% were experiencing signs of anxiety, and 23% were experiencing signs of stress. For many attorneys, stress is not something new. While in law school, prospective attorneys are faced with the pressures to meet strict deadlines, keep up with large amounts of reading, and land the best internships, all while competing with their classmates for the best grades on the grading curve.  Read More.

CONTACT TRACING: WHERE WE WERE, WHERE WE ARE, WHERE WE ARE GOING. THE INFLUENCE “PRIVACY BY DESIGN” HAS HAD ON CONTACT TRACING APPS AND THE LASTING IMPRESSION IT WILL HAVE WELL AFTER THE PANDEMIC IS OVER

Taylor Farrow

As COVID-19 has spread globally, the underlying conflict between personal privacy rights and public well-being rages on, with no clear solution to either in sight.  With the intention of managing the spread of the virus, “tech companies and governments have both sought to come up with effective yet socially distant ways to keep close tabs on people’s health status and movements.”  The presented solution, digital contact tracing, uses technology to collect vital but sensitive health and location information, which has presented issues that have not yet been featured in the long-running privacy debate.  According to Kate Goodloe, Director of Policy at BSA: The Software Alliance, the pandemic has highlighted the “need to use data in important ways, but also the importance of getting it right when it comes to the type of privacy and security safeguards that need to be placed on different uses of data.”  Read More.

NEW BEGINNINGS: A FEMINIST EVALUATION OF GENDERED STIGMA IN THE MODERN LEGAL PROFESSION

Amanda M. Fisher

The modern woman lawyer faces many of the same challenges that women in law faced during their earliest entry into the profession. While circumstances have certainly improved for women in law, gendered stigma is still prevalent in the profession. In this article, “gendered stigma” refers to circumstances resulting from one’s gender as a salient feature of their work, serving to discredit one’s abilities and accomplishments. Women began to enter the legal profession in large numbers in the 1970s, gaining attention as they did so. Although early research on women in the law focused on blatant discrimination, that type of discrimination is fortunately less common now. Much of the modern research addressing women’s status in the legal profession, however, focuses on the quantitative evidence, like the number of women in the profession and their salaries as compared to men.  Read More.