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Is Prolonged Solitary Confinement Cruel and Unusual Punishment?
ACLU
The question of whether solitary confinement per se constitutes cruel and unusual punishment has been litigated, and generally answered in the negative. However, modern psychological research has shown that prolonged solitary confinement has profound permanent effects and sometimes has been compared to torture. Is solitary confinement becomes cruel and unusual under our evolving standards of decency? Is there a point at which, even if it is generally acceptable, prolonged solitary confinement is cruel and unusual?
Topic Available
Mr. Shahid Ali Buttar Do police stops for the purposes of domestic surveillance / intelligence collection implicate Fourth Amendment protections?
Bill of Rights Defense Committee

Northampton, MA 		Law enforcement authorities increasingly stop law-abiding Americans for searches or interrogations without suspicion of criminal activity, for the purposes of collecting intelligence information for retention, datamining, and dissemination to other agencies. When police officers interact with an individual on such grounds, should they be constrained according to a formalistic understanding of the Fourth Amendment operable only in the context of criminal law enforcement, or should a functional standard (recognizing the powerlessness of the individual relative to the officers) apply? What is the meaning of the Fourth Amendment under the preventive paradigm?
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Ms. Maha Jweied The Civil and Human Rights’ Implications of the Migration of Citizens from one U.S. Territory to Another


Washington, DC 		A recent documentary explores the unknown history of Puerto Ricans who migrated to the U.S. Virgin Islands between the 1920-1950s. During this time period, the status of these territories and it inhabitants were legally different (U.S. citizenship being given in different years). What legal issues arose from this migration: was it proper for Puerto Ricans to go through immigration upon arrival in Virgin Islands (depends on legal status of territories?); what types of discrimination were faced by Puerto Ricans; what about language issues; and access to courts?
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Ms. Annie Orelind Decker Local planning commissions and race-based impact
Impact Section, County of Santa Clara, California

San Jose, CA 		Local planning commissions dispense funding for a wide of array of public services such as healthcare, public transit, sanitation, and waste management. These commissions, however, often have membership structures that do not track population size. This disadvantages densely populated areas, which often also have high minority populations. Does disparate per capita public services funding for minorities compared to per capita public services funding for non-minorities violate Equal Protection or Title VI of the Civil Rights Act?
Topic Available
Ms. Annie Orelind Decker One-person one-vote rule and planning commissions
Impact Section, County of Santa Clara, California

San Jose, CA 		Public services planning commissions shoulder the important responsibility of ensuring adequate modes and supplies of public services (such as healthcare, public transit, sanitation, and waste management). Their membership structures often do not track population size. Does this disproportionate membership structure violate the one-person one-vote rule that arises under Equal Protection principles? The two traditional obstacles to such challenges are (1) that planning commissions are appointed bodies, and (2) that they are considered non-governmental organizations. What arguments can be made that these arguments no longer guide the one-person one-vote analysis?
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May a Criminal Defendant Consent to be Tried by a Jury that is not Impartial?

Many criminal defendants waive the right to a jury trial before pleading guilty, but what about a defendant who does not waive the right to be tried by a jury, but does waive the right to be tried by an impartial jury? E.g., the defendant fails to object when he finds out about the bias of a juror who ends up serving on the jury. The circuits are split on whether a defendant may consent to be tried by a jury containing a biased member.
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Mr. Jim Neuhard Are state constitutional rights that aren't found in the U.S. Constitution enforceable in federal court?
Michigan's State Appellate Defender Office

Detroit, MI 		Under what circumstances, if any, can federal courts enforce rights that are explicitly guaranteed in state constitutions but not in the federal constitution? Can the process by which states were admitted to the union or the state’s constitution itself allow federal courts to hold states accountable for granting specific rights not guaranteed under the federal constitution? For example, the Michigan Constitution specifically guarantees the right to an appeal, yet the Federal Constitution only infers that right from the 14th and 5th amendment’s right to due process.
Topic Available
Standard for when an criminal defense attorney must counsel a client regarding collateral consequences
National Legal Aid & Defender Association
What is the Sixth Amendment standard for ineffectiveness when an attorney counsels a client regarding whether to plead guilty or not guilty and fails to advise the client regarding the decision’s collateral consequences, such as access to public housing, deportation or exclusion from the United States, or denial of public benefits or student loans? A defense attorney wants to make sure that her client gets the least amount of time behind bars, but when she advises her client to plead guilty to a lesser charge, is she obligated to counsel her client about the collateral consequences?
Topic Available
Constitutional standard for criminal defendant’s right to independent factual investigation of charged conduct
National Legal Aid & Defender Association
Ake v. Oklahoma set the standard for when an indigent defendant has the right of access to an expert provided by the state if he cannot afford one. The Supreme Court found that being indigent should not preclude him from expert help. But what is the constitutional standard for a criminal defendant’s right to an independent factual investigation of the charged conduct? Is the analysis the same as for expert assistance as in Ake or is independent investigation so inextricably intertwined with the right to counsel that it warrants a different standard and analysis?
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Should the right to privacy protect the payment of money for sex when conducted in private between consenting adults
National Legal Aid & Defender Association
The right to privacy has been expanding for decades, reflecting society’s views on topics such as abortion, gay rights, and women’s rights. Should our society’s evolving standards of decency and/or the right to privacy make unconstitutional the criminal punishment of the payment of money in return for sex when both the transaction and sexual act occurs in private between consenting adults? Has our society’s standards changed enough so that the “oldest profession” in the world should now be constitutionally protected?
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The right to legal representation at the government’s expense in removal proceedings
National Legal Aid & Defender Association
Imagine you are miles from anyone you know, have no money and no support, facing deportation at a removal proceeding. You have been told that you have the right to legal counsel, but if you want to exercise that right you must find a pro bono attorney or pay one yourself. Currently, anyone involved in a removal proceeding has a right to legal representation – but that representation cannot be paid for by the government. What are the arguments that individuals in removal proceedings should have the right to be provided with legal representation at the government’s expense?
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Mr. James Neuhard Considering the history of habeas corpus and recent “original intent” decisions, where does Congress derive the power to eliminate or curtail the Writ?
Michigan's State Appellate Defender Office

Detroit, MI 		In 1996, Congress passed the Anti-Terrorism and Effective Death Penalty Act (AEDPA). The US Constitution states: Article 9 "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." The AEDPA significantly curtailed the availability of and eliminated the right to file the writ if not filed timely or if a successor petition. Considering the history of habeas corpus and recent “original intent…” USSC decisions, where does Congress derive the power to eliminate or curtail the Writ? Are there potential legal challenges to AEDPA?
Topic Available
Mr. Jon W. Davidson What rights do minor students have to participate in a student group (such as a gay-straight alliance) notwithstanding the objection of their parents or guardians?
Lambda Legal Defense & Education Fund

New York, NY 		What rights do minor students have to be able to attend meetings of or participate in the activities of a student group (such as a gay-straight alliance) without their parents or guardians being notified or notwithstanding the objection of their parents or guardians?
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Ms. Cacilia Kim How can a whole institution, like a hospital or clinic (as opposed to an individual employee), be prevented from declining to provide certain services based on a "moral conscience" argument?
California Women's Law Center

Los Angeles, CA 		What legal arguments can be made against allowing a whole institution (as opposed to an individual), like a hospital or clinic, from declining to provide certain services, like abortion, based on a "moral conscience" argument? Any additional arguments if the institution is receiving state and/or federal funding?
Topic Available
Mr. David W. Floren Esq. The Feres Doctrine - No Rational Basis for the Judicial Exception to the Federal Tort Claims Act for Military Serviceperson Claims
David W. Floren, Attorney at Law

Berkeley, CA 		In the 1950 Feres decision, a unanimous US Supreme Court created a judicial exception the the Federal Tort Claims Act preventing military servicepersons from exercising a fairly unambiguous federal statutory right under the Act to file claims against the federal government for injuries sustained "incident to service." Subsequent Supreme Court rulings on the Feres Doctrine have expanded the doctrine's reach. With each new opinion, the pool of dissenters grew, ending with the latest decision in Johnson v. US (1987) (a 5-4 decision). What are the pro and con arguments? What outside authority might be relevant to the issue?
Topic Available
Ms. Odette J. Wilkens Animal Enterprise Terrorism Act
Equal Justice Alliance

Forest Hills, NY 		How are First Amendment rights affected by anti-terrorism legislation such as the Animal Enterprise Terrorism Act, and what laws obviate the need for such a law? This recently enacted anti-terrorism law could chill the free speech civil rights of American citizens who would advocate for labor, civil rights, the environment, as well as animals. It could potentially prosecute any American citizen trying to exercise their free speech rights even if they cause no harm or damage, or if they cause any corporate profit loss.
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Mr. Greg LeRoy Cuno Supreme Court Case Analysis -- Understanding the corporate interests at stake in the $50 billion per year "arms race" fueled by certain tax breaks used by states
Good Jobs First

Washington, DC 		In the 2006 US Supreme Court case Daimler Chrysler v. Cuno, the court agreed to consider for the first time the constitutionality of certain tax breaks used by states in the "economic war among the states." This decades-long "war" has enabled companies to pit states against each other, fueling an "arms race" now estimated at $50 billion a year. Although the Court ultimately declined to address the substance, deciding the case on procedural grounds, it provoked a David v. Goliath set of amicus briefs that collectively evidence the corporate interests at stake.
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Ms. Cacilia Kim Can a school district be held liable if they release a student during school hours for "confidential minor consent services" without parental consent if the student subsequently suffers some sort of injury or harm?
California Women's Law Center

Los Angeles, CA 		Can a school district be held liable if they release a student during school hours for "confidential minor consent services" (i.e., for family planning, pregnancy related care, mental health, drug and alcohol abuse treatment, STDs or sexual assault) without parental consent or notification (see, e.g., Cal. Fam. Code sections 6924-6929) and the student subsequently suffers some sort of injury or harm while so released (e.g., student is hit by a car on the way to getting the confidential minor consent services).
Topic Available
Ms. Elizabeth M. Boyle Does it violate a person’s constitutional right to travel when a DMV refuses to issue a driver’s license based upon a restriction on a driver’s license from another state?
Gulfcoast Legal Services, Inc.

Sarasota , FL 		Many state Department of Motor Vehicles belong to a compact agreement whereby a hold on a driver's license in one state perhaps for non-payment of parking tickets, driving on expired tags and other non-safety related infractions -- is the basis for denial of a driver's license in another state. For low-income people this often means they must choose between getting to work on time, driving illegally and risking jail. Does it violate a person's constitutional right to travel when a DMV refuses to issue a driver's license based upon a restriction from another state?
Topic Available
Ms. Fatima Goss Graves Does Title VII of the Civil Rights Act of 1964 impose arbitrary limits on the damages that plaintiffs can obtain for employment discrimination under federal law?
National Women's Law Center

Washington, DC 		Legislation is pending in Congress that would remove existing federal caps on damages for employment discrimination cases. Does Title VII of the Civil Rights Act of 1964 impose arbitrary limits on the damages that plaintiffs can obtain for employment discrimination under federal law? How does the history of awards for meritorious plaintiffs inform the legal and policy debate over removing those caps?
Topic Available
Ms. Fatima Goss Graves The Women's Equality Amendment has recently been proposed to mandate equal rights for women. How does the history of applying strict scrutiny in the states inform the need for the Women’s Equality Amendment?
National Women's Law Center

Washington, DC 		Under the federal Equal Protection Clause, sex-based distinctions receive heightened, rather than formally "strict" scrutiny. The Women's Equality Amendment has recently been proposed in Congress to amend the Constitution to mandate equal rights for women and, among other things, to impose a strict scrutiny standard for gender-based classifications. What has been the track record of applying strict scrutiny in state ERA cases? How does this inform the need for the Women’s Equality Amendment?
Topic on Waiting List
Mr. Robert C. Boruchowitz How do states approach, and what remedies are available for, the common practice of shackling juveniles in court?
Seattle University School of Law

Seattle, WA 		It is common practice in many parts of the country for juveniles to be shackled when in court, even though case law requires an individual determination of dangerousness or risk of flight. This project would survey at least ten states to discover current practices and the role of public defenders in addressing the issue. In particular, students would analyze case law, review motions and briefs, and identify strategies for addressing the issue. Students would be expected to include a section of their paper on what defenders can do, including broader legislative/political initiatives, to prevent the shackling of juvenile clients.
Topic Available