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Volume 40, Issue 2

Photo Credit: maveric2003;Flickr;,_judge.jpg

Two Steps Forward, One Step Back: The Waiver Of An Interpreter And The Incidental Loss Of The Rights To Confrontation, Assistance Of Counsel, And Presence At Trial

Based on the U.S. Latino demographics, there definitely exists a need for Spanish language support in American governmental services in general and in all courts in particular. During a criminal trial, the forum primarily addressed in this article, an accused can be protected from injustices through the adherence to invaluable federal constitutional rights. American jurisprudence dictates that the only reliable approach to the abandonment of these rights occurs when the accused knowingly and voluntarily expresses […]

Photo Credit: Dreamer movement

When A Rose Is Not A Rose: DACA, The Dream Act, And The Need For More Comprehensive Immigration Reform

Few groups in modern history have been politicized, romanticized, publicized, or demonized quite like the DREAMers. Characterized as courageous student advocates and boons to the American economy by some, and as criminal deviants who demand to be rewarded for violating federal laws by others, few can contest that DREAMers are firmly entrenched in American political culture and the legislative debate on immigration reform. DREAMers were perhaps never the subjects of more controversy than when President […]

Thurgood Marshall Law Review Shield

Consumer Protection In The Marketplace Of Ideas: A Proposal To Extend The News Distortion Doctrine To Cable Television News Programs

The above quotes may be unfamiliar to the reader. If one is unfamiliar with Lincoln’s unequivocal support for slavery, Teddy Roosevelt’s defense of mild manners, or Kennedy’s exhortation to the public to request as much from the government as possible, fear not. The fault lies not with the reader, but the author. The reader is unfamiliar with these quotes because they simply do not exist – at least not as reproduced above. Abraham Lincoln did […]

Volume 41, Issue 2


Turning the Water to Blood: How Burwell v. Hobby Lobby Drove Religious Freedom and Restoration Act out of Touch with Society

Since the case of Burwell v. Hobby Lobby Stores, Inc. modified the Patient Protection and Affordable Care Act, the heat has been cranked up on religious extremists to exert one’s own belief onto that of another. In allowing closely-held businesses to opt out of Obamacare’s mandate to provide contraceptive coverage to employees, what we see is not only a rebirth of the Religious Freedom and Restoration Act (“RFRA”), but a fallout as a direct consequence. […]

Photo Credit: US Dept. of Agriculture; Flickr;

You Can’t Squeeze Water From a Stone, But Soon, We May Have to Try: A Scratch at the Surface of Texas Groundwater Law and How Antiquated Common Law Could Leave us all High and Dry

The story of Texas water law is also the story of its droughts. Texas’s application of the rule of capture and landowners’ absolute ownership of groundwater is outdated and unsustainable. As Texas’s population expands, so will its thirst, and groundwater is not an inexhaustible natural resource. If drought conditions and population increases continue—as they are predicted to do —the non-sustainable means in which groundwater is regulated will have dire consequences in the years to come. […]


Law Enforcement: The Cognitive Ability Required to Protect and Serve, and the Appropriate Use of Force During Conflict

Police officers are charged with the duty to protect and serve the communities they live in. When a police officer is called on a job, they have procedures that they must follow in order to remedy the problem. There are many factors that go into the decisions made by law enforcement officers. Most of the time the decisions made are correct and have positive outcomes. However, sometimes the decisions made by law enforcement officers are […]