23.5, Comment Amber Venturelli 23.5, Comment Amber Venturelli

Young Adults and Criminal Culpability

This Comment will consider whether the growing scholarship on the culpability of young adults should influence how courts and society blame and punish persons that commit crimes while between the ages of eighteen and twenty-four. It also explores the evidence that indicates that young adults are more similarly situated to juveniles than adults with regard to their moral blameworthiness and how, if it all, this will impact criminal punishment for young adults.

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23.5, Comment Aseem Chipalkatti 23.5, Comment Aseem Chipalkatti

A Backdoor Bivens Remedy: State Civil Rights Torts and the Federal Tort Claims Act

This Comment argues that the Federal Tort Claims Act permits suit against the United States based on state law theories of tort that would otherwise be phrased in a Bivens action. By shifting their focus, plaintiffs can still receive compensation for discriminatory and injurious acts by federal tortfeasors without running afoul of the corpse of the Bivens doctrine.

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23.5 Tyler Smoot 23.5 Tyler Smoot

Punishing the Poor: Challenging Carceral Debt Practices Under Bearden and M.L.B.

Tyler Smoot argues that many carceral debt practices today are subject to heightened scrutiny under the Equal Protection and Due Process clauses. Traditionally, laws trigger heightened equal protection scrutiny when they either inhibit a fundamental right or make a suspect classification. This article offers a roadmap for relying on Bearden’s four-factor test to challenge laws that discriminate against the poor.

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23.5 Daniel B. Rice 23.5 Daniel B. Rice

Reforming Variable Vagueness

Like much of constitutional law, the Supreme Court’s void-for-vagueness doctrine employs a system of tiered scrutiny. This decades-old framework imposes differential demands of clarity, depending on the type of enactment under review. Prof. Rice’s article lays bare the resulting methodological rot and charts a path toward doctrinal reconstruction.

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23.5 Owen Fiss 23.5 Owen Fiss

The Law of Narrow Tailoring

Prof. Fiss’ article explores the development of the law of narrow tailoring, analyzes its current state, and takes a look toward the future of the principle.

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