In following our mission to foster important conversations about social justice issues, the Law Journal for Social Justice’s sixteenth volume encompasses diverse perspectives spanning across a variety of timely issues. Each article was thoughtfully compiled with the idea that the Law Journal for Social Justice must use our privilege and platform to center marginalized communities and spur action among legal practitioners, students, and professors. To this end, the articles within Volume XVI combine academic analysis, diverse perspectives, and potential solutions.
In What Miranda Can Learn from Batson: The Need to Eliminate Arbitrary Judicial Analysis of Vulnerable Constitutional Rights, author Sydney Plaskett compares the downfall of the Miranda doctrine to that of the Batson challenges, arguing that decades of case law have made it essentially impossible to protect oneself against self-incrimination. Plaskett concludes with an analysis of the state-specific solutions to Miranda’s downfall, including interrogation policy reform, enacting rule changes, or creating constitutional amendments in hopes of reviving the spirit of Miranda.
In Corrective Lenses: Seeing the U.S. Constitution Clearly, author Russell Facente embarks on a historical analysis of the United States Constitution, arguing that the document does not truly uphold the concepts of equal rights, liberty, justice, or democracy. Instead, the Constitution was created to consolidate power and wealth among United States conglomerations.
In The Argument Against Affirmative Consent, LJSJ Symposium Chair Madison Benson explores the harm that affirmative consent laws can have on both suspects and victims of rape. Benson proposes passing legislation which recognizes that coerced consent is not true consent, and a renewed focus on dispelling cultural rape myths.
In The Unfairness of Fair Housing: How BYU Weaponized the Law to Discriminate Against the LGBTQ+ Community and What Can Be Done About It, author Danny Chung analyzes how religious freedom has allowed BYU to engage in discriminatory housing practices to the detriment of the LGBTQ+ community. Though past individuals have been barred from litigating relief, Chung advises of ways BYU can effect change internally, or alternatively, how amendments the Utah Constitution to address this religious discrimination and foster inclusivity.
I would like to thank LJSJ’s Board and Associate Editors for their hard work this past semester. Your efforts are needed, and appreciated, as we work towards reshaping the legal landscape to uplift and amplify historically marginalized groups and promote diversity and equity. Thank you for your work and your willingness to share your knowledge.
Kylie Love | Editor-in-Chief