Current Issue

Editor’s Preface: Fall 2016

By Nathan Goetting The foundation of democracy is universal education—the two exist in tan­dem. True democracy means self-government. It also means the abolition of artificial hierarchies and the distinction between the rulers and the ruled. The extension of education to disenfranchised people—giving them the ability to read, write, and self-advocate—is the first step toward the [...]

Building on 80 Years of Radical Lawyering in the Age of Trump

By Natasha Lycia Ora Bannan Eighty years from now, when future generations look back at the Trump candidacy and presidency and reflect on how institutions responded to the spread of neo-fascism and the attack on fundamental rights, I am confident that the Guild will stand out as a clear example of what social justice lawyering [...]

We Must Do Better: The Clemency Case of Charceil Kellam

By Richael Faithful And while at the height of my addiction, I envisioned myself, imprisoned for life by my addiction, I never envisioned myself imprisoned for the rest of my life because of my addiction. — Charceil Kellam’s Clemency Petition, June 28, 2015 On August 2, 2005, Charceil Kellam invited her cousin into her home. [...]

A Victory for Education

By Erwin Chemerinsky The Supreme Court’s decision in Fisher v. University of Texas was a stun­ning victory for affirmative action and the ability of colleges and universities to pursue diversity in educating their students. In a 4–3 decision, with Justice Kennedy writing for the majority, the Court upheld a University of Texas plan that uses [...]

Standing Rock and the Erosion of Tribal Rights

By Amber Penn-Roco The protests at the Standing Rock Sioux Reservation are, in a word, inspiring. The protests have included members of more than 100 tribes and are considered by many to be one of the largest Native American protests in modern times. The protesters oppose the construction of the Dakota Access Pipeline. The pipeline [...]

The Fundamental Right to Literacy: Relitigating the Fundamental Right to Education After Rodriguez and Plyler

By Malhar Shah In 1973, and again in 1982, the Supreme Court of the United States avoided addressing whether education is a fundamental right guaranteed by the United States Constitution. Subsequent federal courts have, unfortunately, mistakenly interpreted those two opinions as holding that education is not a fundamental right, even in the absence of language [...]