By Ariana Camarena*

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Introduction

For many international students, the F-1 visa is not merely a travel document—it is their lifeline to education, opportunity, and stability in the United States.[1] Yet, this legal status can be remarkably fragile.[2] A single administrative error, a misunderstanding of work authorization rules, or even a delay in a school’s recordkeeping can unravel years of students’ careful compliance.[3] Once the government labels a student out of status, these students are thrust into a legal limbo, facing possible deportation, bars on reentry, and the permanent taint of an immigration violation.[4]

Continue reading “When Studying Becomes a Status Crime: The Legal Landscape of F-1 Visa Enforcement” →

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]

Continue reading “Made in America: The Constitutional Guarantee of Birthright Citizenship” →

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.

Continue reading “Family Expedited Removal Management: An Asylum System Failing Women” →

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]

Continue reading “Why Did the Twelfth Amendment Congress Pass Legislation Instructing the President of the Senate Which Electoral Vote Certificates to Open?” →

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.

Continue reading “Blockchain, Inclusion, and ESG: Lessons from Initiatives in Brazil” →

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]

Continue reading “Remedying Wrongful Convictions: The Scarlet Letter of the Criminal (In)justice System” →

By Victoria S. Kolakowski*

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Introduction

One of the joys and hazards of teaching a class on cutting-edge constitutional law issues is that the U.S. Supreme Court can surprise us with decisions that take unexpected paths.

This occurred in the summer of 2021 when the Court issued its opinion in Fulton v. City of Philadelphia and did not address a crucial issue queued up by the parties: whether the Court would directly address the holding of Employment Division, Department of Human Resources of Oregon v. Smith.[1] I prepared the syllabus of my course, “Equality and Religious Freedom,” with the expectation that Fulton would be the capstone and finally announce the new legal regime in religious freedom. This essay addresses the history of Smith, why the Court deferred taking Smith head-on in Fulton, and what the Court might choose to do in the future.

Continue reading “Whither Smith?” →

By Charles Belle* & Michele Neitz*

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Introduction

One evening in 2018, Professor Michele Neitz sat in a law school classroom surrounded by judges. She was teaching a workshop on the basics of blockchain technology. When the discussion turned to cryptocurrency, one judge raised his hand and asked, “But where does cryptocurrency actually live? Can I hold it in my hand?” Professor Neitz answered, “No, blockchain is a digital technology, and cryptocurrency is a digital asset.” The judge sat back, shook his head, and replied, “Nope. If I can’t touch it, it isn’t real.”

The judge’s feelings about cryptocurrency are understandable. Blockchain can, at best, feel like something that might only be used in video games. Blockchain technology, however, is not an abstract concept. People use the technology in the same way they use their phones and smartwatches to pay for coffee or board a plane: invisible but relied upon. Like other everyday tools, blockchain has clear technical definitions and uses. For example, although only a small segment of the global population uses cryptocurrency, the market value is nearly $2 trillion at the time of this writing.[1]

Continue reading “Unraveling the Legal Maze: USF Law’s Blockchain Law for Social Good Center Explores the Intersection of Law and Emerging Technologies” →

Continue reading “The Hidden Shoals of Maritime Law: A Maritime Lawyer’s Navigational Chart for Shoreside Counsel” →

By Kevin Frazier* on April 10, 2024

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Many promote the importance of the Rule of Law.[1] Its maintenance, or lack thereof, can substantially affect a democracy: “If you can weaken the Rule of Law, you can weaken democracy,” explains Asha Rangappa.[2] Similarly, protection of the Rule of Law[3] can foster economic growth. In recent decades, international development efforts led by the World Bank, for instance, have included investments in the Rule of Law.[4] Finally, the Rule of Law can facilitate societal well-being. As pointed out by Cass Sunstein, “When cases are settled in advance, people are able to plan their affairs and to do so with knowledge of what government may and may not do.”[5]

Continue reading “The Rise of the Interdisciplinary Lawyer: Defending the Rule of Law in the Age of AI” →