Made in America: The Constitutional Guarantee of Birthright Citizenship

By Anonymous*

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[W]e are a nation of immigrants. Unless you are one of the first Americans, a Native American, we are all descended from folks who came from someplace else . . . .[1]

The United States was built by immigrants, with its history deeply rooted in the diverse waves of people who have come from every corner of the world in search of new opportunities. Today, the children of undocumented parents continue this legacy, who, through their birth on U.S. soil, are guaranteed birthright citizenship by the Fourteenth Amendment.[2] These children, regardless of their parents’ immigration status, gain access to education, healthcare, and legal protections that facilitate their full participation in society.[3]

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Family Expedited Removal Management: An Asylum System Failing Women

By Molly Giguiere*

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The unfortunate reality is that many people seeking asylum in the United States are survivors of trauma. Trauma is inherent to the very persecution they are trying to flee. For women, there are more significant gendered impacts of conflict and identity-based persecution that heighten the effects of trauma on the asylum-seeking population. All the more, the asylum processing programs in the United States are poorly equipped—albeit deliberately designed—to handle survivors of trauma. This issue was amplified by the newly instated Family Expedited Removal Management (“FERM”) program in 2023. Part I introduces FERM to showcase the changes to the U.S. asylum processing procedures produced by its enactment. While the program has numerous problematic aspects, this piece focuses on the legal proceedings associated with it and how they are ill-equipped to serve asylum seekers. By explaining the psychological impacts and gendered implications of trauma on displaced women, Parts II, III, and IV highlight how FERM is not fit to address asylum seekers’ true needs. Finally, Parts V and VI explore possible legal avenues to create a more trauma-informed asylum processing program in the United States.

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Why Did the Twelfth Amendment Congress Pass Legislation Instructing the President of the Senate Which Electoral Vote Certificates to Open?

By Michael L. Rosin*

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In his notorious two- and six-page memoranda, John Eastman interpreted the Twelfth Amendment[1] to the U.S. Constitution as giving the president of the Senate, the Senate’s presiding officer,[2] the unilateral power to accept or reject electoral votes.[3]

The Eighth Congress crafted the Twelfth Amendment in 1803 so that presidential electors could designate their two electoral votes: one for president and the other for vice president.[4] This would avoid the fiasco that occurred in the election of 1800 when Thomas Jefferson and his running mate, Aaron Burr, each received seventy-three undesignated electoral votes for president, throwing the election to the House of Representatives, which almost elected Burr as president.[5]

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Blockchain, Inclusion, and ESG: Lessons from Initiatives in Brazil

By Paola Mineiro* and Thiago Amparo**

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In recent years, blockchain technology has stood out as a powerful tool, not only in the financial sector but also as a driver of transparency and accountability across various fields. Its ability to transform corporate social responsibility, particularly in matters of diversity, equity, and inclusion (“DEI”) and environmental, social, and governance (“ESG”), has gained attention worldwide. In Brazil, these efforts are even more significant, as companies seek innovative ways to build trust and ensure data integrity in their ESG and DEI initiatives.

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Remedying Wrongful Convictions: The Scarlet Letter of the Criminal (In)justice System

By Christina G. Leung*

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Introduction

Innocent but still “branded with a scarlet letter.”[1] The stigma of a wrongful conviction remains with the individual, even posing as an obstacle for them in their attempt to reintegrate into society.[2] The declaration of guilt by the court holds immense weight. Such characterization leaves an imprint that the individual is guilty, even if they are innocent.[3] “No matter what happens to you, you are constantly put under the eye of distrust that you can never shake . . . . It never, ever ends. It never ends. It never ends. It never will be ended.”[4] These are the words uttered by Kirk Nobel Bloodsworth, a man who was wrongfully convicted for a rape and murder of a young girl[5] even though he was factually innocent.[6] Despite being exonerated, Mr. Bloodsworth and many others similarly situated continue to be haunted by their wrongful conviction.[7]

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