Print Edition

Falling Off the Track: How Ability Tracking Leads to Intra-School Segregation

It is often assumed in our modern society that racism is an issue of the past that has long since been abandoned.  That is, however, not the case.  Racism is still a prominent feature in our society; both in the form of blatant, boldly expressed racism, and covert, sometimes unrecognizable, ingrained racism.  Racism is deeply ingrained in this country’s public education system.  Racism lives in public education through the practice of “ability tracking.”  Ability tracking […]

Putting the American Education System to the Test: Recognizing Education as a Fundamental Right and Abolishing Unequal School Funding

In the United States of America, a child’s zip code often determines the quality of the child’s education.  A myriad of social, economic, and political factors contributes to this tragic truth.  This article, however, focuses on the staggering, discriminatory effect that Unequal School Funding has on our nation’s youth. Consider the experience of Daniel Lopez, a fifth-grade student in Houston, Texas.  Daniel and his family live on the south side of Houston, near William P. […]

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 […]

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 […]

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 […]

An Interview with: The Honorable Kenneth M. Hoyt

In August 2015, the Thurgood Marshall Law Review will celebrate 45 years of publication. Since 1970, the Law Review has served as a medium through which new legal thoughts and opinions are presented to the legal profession. The Law Review is extremely honored to interview The Honorable Judge Kenneth M. Hoyt for Volume 40-2. Judge Hoyt is a founding member of the Thurgood Marshall Law Review and Senior District Court Judge for the Southern District […]

Ghostwriting-More than Meets the Eye; Ghostwriting-Attorneys in Disguise: A Proposal for Handling Pro Se Parties Who Seek Limited Representation in Federal Court

Attorney ghostwriting occurs when a party appears before a court without disclosing to the court that they have retained counsel, and the retained counsel writes briefs that the court and opposing counsel believe are authored by the apparently pro se party. This practice has received significant criticism, especially from federal court judges. This criticism arises because the Supreme Court of the United States has directed that pro se pleadings should be read “with less stringent […]

The Basis for Noerr-Pennington Immunity: An Argument that Federal Antitrust Law, not the First Amendment, Defines the Boundaries of Noerr-Pennington

“Congress shall make no law . . . abridging . . . the right of the people . . . to petition the government for a redress of grievances.” While perhaps not as famous as its fellow First Amendment freedoms of speech, press and assembly, the Supreme Court has maintained that the right to petition is one of “the most precious of the liberties safeguarded by the Bill of Rights.” To this day, however, it […]

Can I Get A Witness? A Case for Asylum for Prosecutorial Witnesses Who Testify Against Gangs and Other Gang-Related Claims

Consider the following: Orlando lives in El Salvador in the town of Sonsonate, where the Mara Salvatrucha (MS-13) gang exercises a powerful presence. As Orlando approaches his uncle’s house, he hears gunshots and observes four MS-13 gang members fleeing the scene. Thereafter, Orlando learns that the MS-13 gang has fatally shot his cousin. He cooperates with local police by describing the suspects, corroborating his uncle’s description. When police apprehend two of the suspects, Orlando and […]