HHS Proposes to Combat Abortion Bans by Protecting Reproductive Health Records

HHS Proposes to Combat Abortion Bans by Protecting Reproductive Health Records

The decision in Dobbs v. Jackson Women’s Health Organization, issued on June 24, 2022, upended five decades of the right to abortion overnight, triggering a flurry of policy changes at both the state and federal levels. In 13 states, the Dobbs decision meant a near-immediate end to most legal abortions—these states all had previously enacted “trigger bans,” written to go into effect immediately upon Roe v. Wade’s overturning. Amid this drastic shift in abortion policy, President Biden issued an Executive Order aimed at safeguarding access to reproductive health services. The Executive Order mobilized several federal agencies, including the Department of Health and Human Services (HHS), to report and act on different ways that reproductive care could be protected.

Redlining: An Environmental Injustice

Redlining: An Environmental Injustice

By Rebecca Collins

If you feel like the summers are getting hotter, they are. The world is warming, and hotter weather not only impacts the environment but also impacts our health. Some neighborhoods feel the effects of our warming world more than others. Average temperatures in the lower forty-eight states have been rising slowly since 1901, at an average rate of 0.17 degrees Fahrenheit per decade. However, since the 1970s this rate has increased significantly to between 0.32 degrees Fahrenheit and 0.55 degrees Fahrenheit per decade in the United States (“U.S.”). The global average rate of warming remains at 0.32 degrees Fahrenheit, meaning that parts of the U.S. have warmed faster than the global average rate.

How AI is Changing the Immigration Law Landscape

How AI is Changing the Immigration Law Landscape

By Douglas Kouffie

The practice of immigration law is undergoing a significant transformation thanks to the rise of technology. Artificial intelligence (AI) plays an increasingly important role in the legal profession, and immigration law is no exception. From chatbots that can answer common immigration-related questions to AI-powered systems that can review and analyze vast amounts of legal documents, the potential uses of AI in immigration law are numerous. In this article, we'll explore the benefits and drawbacks of AI in immigration law, as well as some ethical considerations for immigration attorneys.

Public Records Requests and the Cradle to Prison Pipeline

Public Records Requests and the Cradle to Prison Pipeline

By, Hannah Saturley

In Massachusetts, law students at Northeastern University School of Law (NUSL) are exploring how obtaining data, specifically through public records requests (PRRs), can be used to dismantle the “Cradle to Prison” (C2P) pipeline. The C2P pipeline refers to the web of systems that, from birth and even earlier, channel youth—disproportionately low-income youth of color—into future incarceration. Reliable and publicly accessible data is vital to create juvenile justice policy to dismantle this pipeline. Yet, unfortunately, existing data related to how individuals enter the C2P pipeline and what factors might influence entry is often incomplete or inaccurate.

Adnan Syed, Serial, and the Implications of True Crime for Wrongful Convictions

Adnan Syed, Serial, and the Implications of True Crime for Wrongful Convictions

By Julia N. Brown

True crime listeners and legal professionals alike are all-too-familiar with the case of Adnan Syed. The story goes something like this: On an otherwise-typical school day in 1999, a seventeen-year-old high school student from Baltimore, Maryland, disappeared after class. Her name was Hae Min Lee, and her disappearance ultimately resulted in a tense investigation, multiple trials, and the wrongful conviction of Syed, her ex-boyfriend. After a fraught investigation, two trials, and a series of procedural mishaps, Syed was found guilty of Lee’s murder and sentenced to life in prison plus thirty years.

In 2014, however, Syed’s story took a turn. Over a decade after his conviction, Baltimore-based lawyer Rabia Chaudry contacted a journalist named Sarah Koenig and asked her to look into Syed’s case. When Koenig later opened the case file and started reading, she unknowingly embarked on a journey that would reveal the many injustices of his case and kick-start a nationwide true crime obsession.

Disproportionate Effort in European and U.S. Privacy Law

Disproportionate Effort in European and U.S. Privacy Law

By Sheng Gao, LL.B., and Megan Lombardi, J.D

In May 2022, the California Privacy Protection Agency (CPPA) released its first draft of the California Privacy Rights Act (CPRA) Regulations. Among other clarifications and definitions, the draft provided a new definition of the term “disproportionate effort” that has attracted considerable attention in the privacy community.

In the field of data privacy, the disproportionate effort exemption seeks to strike a balance between efficient use of company resources and the fulfillment of consumer needs. It is focused on protecting consumer interests, as the threshold for claiming disproportionate effort is dependent on benefits to consumers rather than to businesses. As the CPPA stated in its Initial Statement of Reasons, providing a clear definition for this principle would not only “clarif[y] when a business, service provider, or contractor can use this exception, [but also] prevent[] them from abusing this exception by claiming that everything requires ‘disproportionate effort’ on their part.”

Abortion Law Around the World: What the US Can Learn from Other Countries

By Lea Halberstein

On May 2, 2022, many Americans’ fears were realized when Politico published a leaked Supreme Court decision which would overturn the landmark case Roe v. Wade, thereby rescinding the federal constitutional right to abortion. The nation was thrown into turmoil as thousands across the country marched and protested to condemn the Supreme Court’s leaked Dobbs v. Jackson Women's Health Organization opinion. Many understood the repercussions of the leaked Alito draft: the legitimacy of the Supreme Court would be undermined by overturning a nearly 50-year-old precedent; the lack of a national abortion law would return many states to centuries-old, draconian abortion bans; millions of people across the country would no longer have access to basic medical care; other constitutionally-guaranteed rights such as same-sex marriage and contraception could be threatened.

NULR Executive Board: Our Reflections on the Post-Dobbs Era as Women of Color

By Francis C. Won, Merafe Gedewon, and Genevievre T. Miller

On May 2, 2022, Politico published a draft of Justice Samuel Alito’s majority opinion in Dobbs v. Jackson Women's Health Organization, a decision that would overturn Roe v. Wade. In many ways, this draft confirmed what felt inevitable following former President Donald Trump’s sweeping installation of conservative judges at every judicial level. Perhaps most foreboding were the appointments of Justice Brett Kavanaugh and Justice Amy Coney Barrett. Setting aside the troubling personal shortcomings of these individuals, the politics on display during their installation lacked even a baseline level of decorum and were instead defined by ruthless self-interest. June 24, 2022 marked the official release of the opinion reversing a landmark decision that protected people’s rights to bodily autonomy.

Labor of Love: Student Reflections on the Life and Legacy of Karl Klare

By Annemarie Guare, Julian Montijo, and Meg Foster

On April 8, 2022, Northeastern University School of Law (NUSL) celebrated the legacy of Karl Klare, George J. and Kathleen Waters Matthews Distinguished Professor of Law, with a day-long conference organized and attended by the peers, mentors, students, and friends who have shaped and been shaped by Karl. As three of those students, the Northeastern University Law Review asked that we write an article in conjunction with the Labor of Love conference. We readily agreed, honored to provide a testimonial, if not also allured by the prospect of probing someone who has walked the halls of this curious institution for forty odd years . . .

Sounding the Alarm: A Compelling Case for India to Adopt Specialized Cybersecurity Legislation

By Karen Aloysia Barreto

In the wake of the COVID-19 pandemic, technology and digitization oiled the wheels of the global economy with swift responses such as work from home and remote learning. However, the critical infrastructure sector was the talking point amongst policy and law makers as the former market witnessed a staggering rise in cyber-attacks. Critical infrastructure mainly constitutes systems or assets quintessential for the functioning of an organization or a country, and includes the healthcare, transportation, and energy sectors, among others. Several countries such as the United States of America and China have revisited their respective cybersecurity policies and legislations to abate a rising cyber-pandemic . . .

Comedy and Its Social Influence—Maybe It Is More Than “Just a Joke”

By Sarah Eve Rosen

A little over a year ago, during the height of the COVID-19 Pandemic, I attended a live stand-up comedy show in West Palm Beach, Florida. The comedian, Ricky Velez, started his performance with the line: “I am not into politics, I don’t know about that stuff.” Among some of his sillier jokes (such as claiming he thought fracking was a sex position), he also joked about growing up in a poor, predominantly Puerto Rican community, and the cultural shock he experienced when he began to date his affluent, white Jewish girlfriend. He made jokes such as: “her family is so rich, they live to be so old—it’s wild,” as the predominantly white, non-social distanced, and mask-less crowd burst into laughter . . .

“The Many Faces of Health”: March 2021 Northeastern University Law Review Symposium Synopsis

By Kelsea Davis

The 2021 Northeastern University Law Review (“NULR”) Symposium (“the Symposium”), entitled “The Many Faces of Health,” addressed the multidisciplinary intersection of systemic racism, public health, and the current COVID-19 pandemic. Laudable professionals from across the globe were featured at the event to discuss various facets of the public and private systems that have led to both the creation and maintenance of inequity within the United States. Out of these discussions emerged common themes, including the public’s right to the data and information collected by publicly funded institutions and programs. However, the most dominant theme was the importance of both procedural and distributive justice in abating inequity and discriminatory practices.

The Vulnerability of Free Speech Doctrine

By Christian I. Bale

Freedom of speech is like baseball, hotdogs, and apple pie. Whereas one survey found that less than half of Americans can name the three branches of the federal government, another showed that 64 percent of Americans can recall that the First Amendment protects free speech . . .

Clemency Hearing Raises the Question of Whether Massachusetts’ Courts Are Ready to Extend the Prohibition on LWOP Sentences Beyond Eighteen

By Stevie Leahy

In 1997, William Allen was convicted of armed robbery and felony murder and is currently serving a sentence of life without parole (“LWOP”). At the time of these crimes, Mr. Allen was twenty years old. For individuals like Mr. Allen, the executive clemency process is currently the only avenue to correct the missteps of the legal system, specifically as to sentencing under since-changed laws. The urgent need for clemency in his case raises the broader question of whether LWOP sentences for late adolescents are even constitutional under the Massachusetts Declaration of Rights. Increased use of clemency as well as judicial action to extend the age limit are two measures that would also work toward mitigating disproportionate rates of incarceration for Black and Brown individuals within the state . . .

Connecticut’s Budding Business

By Alexander McGrath

On June 22, 2021, with one momentous signature, Governor Lemont welcomed Connecticut into the age of cannabis legalization. With the passage of Senate Bill 1201, Connecticut became the 19th state to legalize the recreational use of cannabis after years of failed attempts to gain bipartisan support. This was the third time Connecticut pushed for a cannabis bill, as the latest proposal was vetoed by the Governor for not containing sufficient social equity measures. Governor Lemont was adamant that this Bill include provisions mandating special access to the communities most severely impacted by the war on drugs . . .

No More Hyde and Seek: Biden’s Removal of the Hyde Amendment from the Proposed Budget is a Win for Abortion Access

By Mackenzie Darling

President Biden’s proposed budget does not include provisions barring federal funding for abortion procedures. The lack of this policy is a significant win for protecting abortion rights, because banning federal funding for abortion care has been commonplace since shortly after Roe v. Wade. Best known as the Hyde Amendment, the ban on the use of federal funding for elective abortion procedures has been in place since the late 1970’s and has drastically limited a pregnant person’s ability to access abortion care . . .

Asserting the Religious Freedom of Your Customers: Free “Exercise” and the Curious Case of CHRO v. Edge Fitness

By Richard Luedeman

Pending at the Connecticut Supreme Court is a dispute between Connecticut’s Commission on Human Rights and Opportunities (“CHRO”) and the fitness club chains Edge Fitness, LLC, and Club Camel, Inc. (“the Gyms”), that raises issues of national significance regarding public accommodations, sex and gender discrimination, and religious freedom. In a brief filed in CHRO v. Edge Fitness, LLC, several religious organizations have defended the lower court’s remarkable religious freedom theory for upholding the Gyms’ practice of offering women-only exercise spaces. They contend that Connecticut’s Act Concerning Religious Freedom (“CACRF”)—the analogue of the federal Religious Freedom Restoration Act (“RFRA”)—compels an exception to Connecticut’s antidiscrimination statute to allow businesses like the Gyms to segregate customers by sex in order to accommodate a subset of customers whose religious beliefs favor the segregation of persons by sex under the banner of “modesty.” . . .

The Wall that COVID-19 Built: Barriers to Immigrant Justice during the COVID-19 Pandemic

Forum Editor: Why did you decide to get involved with the Immigrant Justice Clinic?

Sam Chang: I decided to apply for the Immigrant Justice Clinic (IJC) because my ultimate goal is to use my law degree to advocate for policies that will benefit marginalized communities. I am passionate about issues at the intersection of reproductive justice and immigrant justice and hope to work on these issues during my career. Immigrants, in particular, have difficulties accessing necessary resources due to their status (or lack thereof). The narrative surrounding immigrants, especially Latinx immigrants, not only affects how individuals treat them but how existing systems treat them as well. My interest in serving immigrants derives from this disparate treatment. I also believe that direct client experience is necessary in order to develop effective policy because policy should always be grounded in the experiences of the people it will affect . . .

Why “Fixing” Section 230 Will Not Save Anyone

By Leila Selchaif

A cabal of Satanic Democratic leaders are operating a child sex trafficking ring. Most people recognize this as the basic plot of the Q-Anon conspiracy theory. Sports fans coming out for Super Bowl Sunday encourage increased sex trafficking. Fewer people recognize this to be just as much of a myth. Public panic about human trafficking creates higher police budgets for raids, which end up traumatizing, incarcerating, and harming sex workers. Not all sex workers are victims of sex trafficking. Many sex workers do not want to be treated as victims. Indeed, when the criminal justice system treats sex workers as victims, it often further harms them. Public messaging around the dangers of trafficking has also led to the introduction and passage of bills aiming to curtail the sinister power of the internet to facilitate sex trafficking. A method favored by these bills is to amend Section 230 of the Communications Decency Act (CDA), which provides immunity to internet platforms from the speech and actions of users who post on their platforms. Just as much as on the streets, policing of the internet has caused great harm to those it claims to protect . . .

Massachusetts Highest Court Mandates Parole Reform in Dinkins v. Massachusetts Parole Board

By Lauren Watford

A major parole reform is now underway in Massachusetts after a win in Dinkins & Ivey v. Massachusetts Parole Board. Prisoners serving parole-eligible life sentences with consecutive sentences could be released years, possibly decades sooner, and will receive new parole hearings. Importantly, the Court held the Parole Board accountable for its injustices. . .