Columbia Black Pre-Law Journal 2023-2024

Please find articles from the 2023-2024 academic year below!

News 2023-2024

Written by: Wardah Rahman | Fordham University

Edited by: Armando Javier Gimenez

 

Abstract:

This essay explores the ongoing struggle for fair compensation faced by Black musicians in the streaming era, highlighting the historical and systemic exploitation that has marginalized their contributions to the music industry. Despite the transformative impact of digital platforms like Spotify and Apple Music, which have revolutionized music consumption, Black artists continue to receive disproportionately low compensation, often reliant on fragmented revenue streams. The discussion delves…

Written by: Sophia Stoute

Edited by: Jasmine Merritt and Quadriyah Williams

 

Abstract:

In my article, I  delve into the historical roots of racial disparities in black maternal health.  My piece traces back to the era of slavery and its lasting impact on maternal mortality rates.  My main focus showcases The Black Maternal Health Momnibus Act, highlighting the critical Social Determinants for Moms Act. The Act addresses key factors influencing maternal health, such as housing and nutrition, aiming to end disparities. I emphasized the bill’s challenges but…

Written by: Sophia Maier

Edited by: Alia Thompson and Daniela Mays-Sánchez

 

Abstract:

This article examines House v. NCAA and its implications for student-athletes' right to financially benefit from their name, image or likeness (NIL). Furthermore, this article analyzes the exploitative nature of NCAA’s NIL restrictions; while coaches and universities are able to amass millions, even billions of dollars from student-athlete talent, the athletes themselves are essentially left with nothing. I also consider how the financial limitations created by these policies disproportionately…

Written by: Solomon Akaeze

Edited by: DeVon Thompson

 

Abstract:

In my article, I discuss the history of Gerrymandering as a means to disenfranchise the Black Population within US history and its modern-day incarnations. I provided examples of racial gerrymandering throughout history, as well as within the modern era, most notably through the example of the Alabama redistricting controversy.

Written by: Marco Buglione | Fordham University

Edited by: DeVon Thompson

 

Abstract:

Frederick Douglass, a former enslaved person and influential leader in the 19th-century Civil Rights Movement, used his self-taught literacy to challenge and ultimately help dismantle slavery in the United States. His autobiography, “Narrative of the Life of Frederick Douglass, an American Slave,” detailed his harrowing experiences and played a pivotal role in the fight for abolition, culminating in the ratification of the 13th Amendment. Douglass's enduring legacy is a testament to the power…

Written by: Armando Javier Gimenez 

Edited by: Sophia Bediako, Daniela Mays-Sanchez

Written by: Jordan Pettiford

Edited by: DeVon Thompson

 

Abstract:

Since the Supreme Court decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) rendered most university race-based affirmative action unconstitutional, many schools have been looking to identify race-blind or race-neutral policy options to implement to preserve a diverse student body while conforming to the law. However, even race-neutral policies face legal challenges in the post-SFFA landscape, including a race-blind admissions policy implemented by Thomas…

Written by: Kaleb Sy

Edited by: DeVon Thompson 

 

Abstract:

This paper examines the transformative shifts in education policy within Southern states, focusing on Tennessee's adoption of the Education Scholarship Act of 2024. Through a comprehensive analysis of legislative initiatives and legal challenges, the study investigates the ramifications of privatization efforts on public education, local governance, and constitutional obligations. Drawing upon principles of political ideology, constitutional law, and educational equity, the research elucidates the complexities…

Written by: Antonio Fernandez

Edited by: DeVon Thompson

Abstract:

Qualified Immunity (Q.I.) has evolved into a controversial shield often deflecting accountability for alleged constitutional and civil rights violations by government officials. This review delves into the intricate terrain of Q.I., exploring its origins, evolution, and implications within the American legal system. From the foundational case of Harlow v. Fitzgerald to the landmark case of Saucier v. Katz that introduces the controversial two-step framework for analyzing Q.I. claims this article is meant to expand…

Written by: Kianna Victor

Edited by: DeVon Chance Thompson

 

Abstract:

This article draws comparisons between the historical civil rights case that denied Black slaves rights as American citizens and a 2019 court case that challenged a for-profit prison for neglecting prisoners’ health and well-being. By examining the interrelation between Dockery v. Hall and Scott v. Sandford, this article displays the evolution of slavery into the modern-day prison plantation. For-profit prison cases like Dockery v. Hall prove not only the systemic racism within the judicial system,…

Written by: Jasmine Merritt

Edited by: DeVon Chance Thompson

 

Abstract:

This article focuses on Pernell v. Lamb which challenges the constitutionality of the Stop Wrongs Against Our Kids (W.O.K.E) Act which was passed in Florida in 2022. The goal of this legislation is to censor teachers from discussing topics regarding race and gender in the classroom. In March of 2023, the Circuit Court placed a preliminary injunction on the act, blocking its enforcement pending appeal. In my article, I urge the court to uphold its decision by identifying parts of the act that restrict freedom…

Written by: Helen Yibrah

Edited by: Christopher Brown

 

Abstract:

This article unravels the environmental litigation that has been used in various attempts to halt the construction of Atlanta’s police training facility known as “Cop City.” Since its inception, this project has proven to be highly controversial for civil rights activists but over the course of its development, environmentalists have also taken issue with the project for a variety of reasons. Beyond the fact that significant clearcutting of forestry is required to make space for the facility, the project has…