Commentary

Presidential Powers, Immunities, and Pardons

By Alberto R. Gonzales
PDF Version Introduction Special Counsel Robert Mueller is conducting an investigation into Russia’s interference in the 2016 presidential election and the possible coordination and cooperation with the Donald Trump presidential campaign.1 The investigation has raised numerous legal questions with serious political and legal implications.2 Chief among them is whether a sitting President can be indicted and prosecuted for criminal wrongdoing.3…
Essay

Algorithmic Risk Assessments and the Double-Edged Sword of Youth

By Megan T. Stevenson and Christopher Slobogin
PDF Version Introduction      Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering decisions in the criminal process, including setting bail, determining sentences, selecting probation conditions, and deciding parole.1 Yet many of these instruments are “black-box” tools. The algorithms they use are secret, both…
Essay

Appointing Lesbian, Gay, Bisexual, Transgender and Queer Judges in the Trump Administration

By Carl Tobias
PDF Version      President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of…
Essay

Free the Data! The Scramble to Access Data in Light of Schrems I & II

By Charlotte Young
     Maximillian Schrems was a PhD student in Austria when he decided to participate in a study abroad program with Santa Clara University. While Schrems was at Santa Clara, Ed Palmari, Facebook’s privacy lawyer, spoke to his class. It was during this lecture that Schrems received the ammunition that he needed to challenge the legitimacy of EU–U.S. data transfers.…