Vol. XXXVI No. 2

A New Constitutive Commitment to Water

Abstract: Cass Sunstein coined the term “constitutive commitment” to refer to an idea that falls short of a constitutional right but that has attained near-constitu­tional significance. This Article argues that access to safe and affordable water for drinking, hygiene, and sanitation has attained this status and that national legislation is needed to realize this new […]

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An Opening for Civil Rights in Health Insurance After the Affordable Care Act

Abstract: Section 1557, the civil rights provision of the Affordable Care Act (“ACA”), is unmatched in its reach, widely applying race, gender, disability, and age discrimination protections across all areas of healthcare. This Article will explore the value added of a civil rights approach to combating health insurance discrimination when combined with other ACA anti-discrimination […]

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Probable Cause to Protect Children: The Connection Between Child Molestation and Child Pornography

Abstract: The federal Circuit Courts of Appeal are divided regarding whether probable cause to search for evidence of child molestation provides probable cause to search for child pornography. This Note examines the relationship among the decisions of the Circuit Courts of Appeal, delves into the empirical evidence regarding the relationship between child pornography and child […]

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No Place to Call Home: Rethinking Residency Restrictions for Sex Offenders

Abstract: Modern day sex offender legislation was first implemented in the early 1990s in response to a number of headline-grabbing incidents. Seeking to protect families and children, federal and state legislators passed regulations aimed at tracking, monitoring, and controlling released sex offenders. A key portion of these legislative developments include state and local level residency […]

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Post-Conviction Access to DNA Testing: Why Massachusetts’s 278A Statute Should Be the Model for the Future

Abstract: With the recent rise of the Innocence Movement, many traditional police tools for evaluating forensic evidence have been called into question. Increasingly, science has proven that certain outdated forensic analyses are unreliable or invalid, shedding light on how these faulty analyses have contributed to numerous unjust convictions of innocent people. Deoxyribonucleic acid (DNA) technology, […]

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