Katherine M. Koza "argues that a new U.N. cybercrime treaty should build on the strengths of the Budapest Convention by including a clearer 'extradite-or-prosecute' requirement for its signatories and by creating strong privacy requirements to counterbalance the risks created by any data-sharing provisions."
Erin Yonchak, writing on stealthing and on rape exceptions to state abortion bans, concludes that, first, "[c]urrent rape law does not capture a swath of sexual violence, like stealthing—and rape exceptions, as written, do little to provide options for those victims," and second, "if providing abortion access to sexual violence survivors is a priority for legislators in abortion-restricted states, rape exceptions should be broadened to expansively define 'rape' as any unwanted sexual conduct and divorce rape exceptions from the criminal system, which remains an inadequate mechanism for victims of sexual violence."
Danielle Tyukody "presents an argument to permit greater disclosure of grand jury legal instructions by lowering the standard defendants must meet for the court to authorize disclosure of the instructions."
Evan Blanchard-Wu first outlines "the history of Marsy's Laws" and related victims' rights efforts and then "explores the implications" of the Marsy's Law right "to reasonable protection from the accused."
Josh J. Leopold examines "two divergent causation standards endorsed by courts in [False Claims Act] claims predicated on [Anti-Kickback Statute] violations," ultimately concluding that a "but-for causation standard should be disfavored by courts in these cases."
Jaden M. Lessnick discusses the implications of Brown v. Davenport for federal habeas corpus law, answering two open questions: "[I]f a petitioner satisfies both AEDPA and the Court’s equitable precedents, may a court deny habeas relief regardless, and if so, on what basis?"
Claire J. Rice surveys state law approaches to establishing probable cause using plain odor and canine sniffs in states that have legalized marijuana, concluding that the Illinois legislature should, first, clarify that marijuana odor cannot serve as the sole basis for probable cause to search a vehicle and, second, ban the use of marijuana-detecting canines.
Youssef Mohamed summarizes how United States v. Turkiye Halk Bankasi A.S. impacts the law of foreign sovereign immunity as it applies in criminal proceedings, ultimately concluding that, without further input from Congress, courts should defer to executive branch determinations of foreign immunity as manifested by the commencement of criminal proceedings.
Alessandro Clark-Ansani applies the equal protection analysis in United States v. Carrillo-Lopez to federal marijuana laws, concluding that courts should find such laws to be an unconstitutional violation of the Equal Protection Clause because of their racially discriminatory intent.
Laura Geary surveys recent state laws that regulate the use of commercial genetic databases by law enforcement, concluding that states should be cautious about adopting laws that require law enforcement officers to use government genetic databases before commercial ones.