Category Archives: Law Review members

O Say Can You … Kneel? The legality behind firing NFL players for taking a knee during the National Anthem

TATIANA WASERSTEIN—On August 26, 2016, former San Francisco 49er Colin Kaepernick became the first NFL player to kneel during the national anthem to protest police brutality. Kaepernick explained that he is not going to “stand up to show pride in a flag for a country that oppresses black people.” Since then, several NFL players have […]

Faithful Execution of Florida Law, or of Florida Citizens?

SYDNEY FELDMAN—As State Attorney for Florida’s Ninth Judicial Circuit, Aramis Ayala is “the prosecuting officer of all trial courts in the [Ninth Circuit].” Fla. Const. art. V, § 17. In this capacity, Ayala is charged daily with making “tough choices as to which crimes to prosecute and which penalties to pursue in consideration of [her] […]

HIPAAH! The Morning After Your Healthcare Information is Hacked

MEGAN CHENEY—Following the massive Equifax data breach, industries are feeling the ripple effects of shock and large-scale consumer frustration over a perceived lack of data security. Among those shifting uncomfortably in their seats are healthcare organizations, whose data is even more lucrative to cyber criminals than credit information. The morning after your healthcare information is […]

When a Counteroffer Becomes an Open Offer

MADISON LEVINE—When negotiating plea deals under recommended sentencing guidelines, a judge may offer a downward departure to a defendant only when there exists an open offer by the state. According to State v. Lago, “the Court is prohibited from extending or accepting a plea that would result in a downward departure sentence once the state’s […]

Married on Saturday, Fired on Monday

JOANNE SCHIFFER—Over the past few decades, there has been an ongoing debate over what it means to discriminate “because of . . . sex” under Title VII of the Civil Rights Act of 1964. Title VII states: It shall be an unlawful employment practice for an employer – (1) to fail or refuse to hire […]