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Serving a Country That Will Not Accommodate Our Religion: The Sikh American Struggle to Choose Between Career or Faith
Full text linkSikhism is the fifth largest religion in the world, with approximately thirty million followers of the faith worldwide. It is a monotheistic faith that teaches honesty, compassion, humility, universal equity, and respect for all religions. Since the 1984 genocide of Sikhs in India, many followers of the faith have immigrated to Western countries in hopes of “the American dream” and the prospect of freely practicing their faith. But as a devastating response to the tragedy of 9/11, members of the Sikh community living in the United States have become victims of hate crimes, workplace discrimination, school bullying, and racial and religious profiling. As a scholar of the traditions and a practicing Sikh myself, I have learned the harsh realities of what it means to be a Sikh in America today. Despite the hardships that they endure, Sikhs continue to demonstrate their strength and resilience through their practice of the tenets of the Sikh faith, including love, service, and justice.
A common struggle that many Sikh Americans face is the coerced decision of whether to relinquish their articles of faith in order to assimilate into Western culture and secure employment. In the San Francisco Bay Area alone, twelve percent of Sikhs have reported subjection to employment discrimination. Through the COVID-19 pandemic, employers have outwardly stated that turbans are unacceptable in the workplace, citing proper health standards as their reasoning. A video posted by Dr. Sanjeet Singh-Saluja, an emergency doctor and physician at McGill University Health Centre, went viral in 2020 as he described the “existential crisis” he faced when he was forced to shave off his beard, a symbol of the Sikh faith, in order to continue operating on patients. But in 2022, four Sikh Americans bravely filed suit against the U.S. Marine Corps, asserting their right to wear their turbans and beards and to not have to choose between their career and faith. This post addresses the heroism of these four men in asserting their legal rights under the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. § 2000bb et seq., and the First and Fifth Amendments of the U.S. Constitution in the case of Toor v. Berger.
CURRENT INTERNATIONAL LEGAL MEASURES FOR THE PROTECTION OF CHILDREN USED IN ARMED CONFLICTS: RECOMMENDATIONS FOR THE RESOLUTION OF THE PROBLEM
Full text linkWar is not new; Armed Conflicts are not new. The use of Children in Armed Conflicts is not new. From Afghanistan, Syria, Yemen, Nigeria, Sudan, Democratic Republic of Congo (DCR) and the world over, children are being used in Armed Conflicts. These have led to crime, criminality, diseases, rape destruction of basic infrastructure, the eco system and future of the dead, living and unborn generation.
Despite International legal instruments put in place to curb the use of children in Armed conflicts, in the area International Human Rights and Humanitarian Law, Labor Law and International criminal Law, the use of children in Armed conflicts persists.
There is the need for the international community to rise above primordial, parochial and regional sentiments and galvanize the political will to confront and defeat this monster. It would be foolhardy to expect to live in peace when Children have no peace.
Crime has no border. The time to act is now. In the words of Julius Caesar, “we must not fold our arms akimbo while Rome burns.
Retaining a Constitutional Right to Terminate a Pregnancy by Reinterpreting Pregnancy as an Implied Contract
Full text linkThis Comment considers the question of abortion as a fundamental right by reframing pregnancy as a ground for implied contract. The recent decision in Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228 (2022) rejected the Fourteenth Amendment’s Due Process Clause as a basis for asserting a fundamental right to abortion. However, other constitutional limits on state power may provide different avenues to such an assertion. Specifically, the Contracts Clause of Article I, Section 10 of the U.S. Constitution prohibits the states from impairing the freedom to contract. This Comment argues that the key issue in the abortion debate is whether women have the right to consent to the bodily changes imposed by a fetus during pregnancy. Thus, viewing pregnancy as an implied contract would create a new paradigm to protect the right to terminate a pregnancy in the absence of a right under the Fourteenth Amendment. This Comment argues further that pregnancy creates an implied contract with the fetus (and ultimately the born child) to provide the child with an environment that will foster the child’s development. Where the state restricts a person’s ability to choose to enter the contract, i.e., limits the right to abortion, such laws unconstitutionally subject the person to involuntary servitude in violation of the Thirteenth Amendment of the U.S. Constitution. Using pre-Roe scholarship as a starting point, the Comment distinguishes between consensual and nonconsensual pregnancies to argue that terminating pregnancy aligns with the Contract Clause’s original intent to protect natural rights. The Comment also responds to various counterarguments
Highspeed and Broadband Internet Access on the Pine Ridge Indian Reservation
Full text linkThis research paper has covered the topic of underserved communities and the lack of access to highspeed and broadband internet in those communities, it focused one of the poorest communities in the United States. The Pine Ridge Reservation houses one of the greatest and most prominent American Indian tribes in US history, the Oglala Sioux of the South Dakota Badlands, and Black Hills areas. With a major turnaround the Oglala have slowly trended into despair, a major upgrade to their access to reliable high-speed internet could turn the community around for good. With the use of relevant sources and literature the research highlighted how this problem has persisted and how with adequate funding and infrastructure in place the internet can be a reality for every household on the Pine Ridge Reservation. The literature supports the fact that things are bad in the community without greater broadband access and with it the people can enjoy access to learning materials, distance learning, and easier access to healthcare tools and resources. The research methods involved the mixed-method approach using surveys, key informant interviews, and subject matter expert interviews. The impact may be so great that it could turn around an entire community and bring them back to self-reliance in every way possible
Effectiveness of Hiring Emergency Mental Health Specialist(s) at VA Medical Center Fresno, California
Full text linkThe Department of Veteran Affairs (VA) provides services in 170 medical centers nationwide, and it is famous for extensive wait times, short staffing issues, and employees\u27 minimal pay for their occupations. The mental health departments throughout the VA medical facilities have consistently struggled to hire sufficient mental health staff, psychologists, and psychiatrists for years. Lack of timely support results in severe mental and emotional health issues, including increased suicidal incidents, drug abuse, and homelessness among veterans. Studies from October 2017 through September 2018 showed that 41,270 newly registered veterans were screened for PTSD, suicidal attempts, and drug abuse. Among them, 61% were screened positive for mental health disorders (Bovin, 2022; Choi & Roberson, 2022).
This study applied a Mixed-Methods Research (MMR) approach and collected data from 35 respondents (Quan = 30 and Qual 05), testing three assumptions. The study revealed that 83% of the respondents strongly agree that hiring emergency mental health specialists will reduce drug abuse among veterans, and 100% strongly agree that the added facility will improve the veterans\u27 homelessness conditions. Both quantitative and qualitative findings indicated a strong need to provide more qualified physicians readily available to all VAMC for emergency purposes to reduce PTSD, suicidal incidents, drug abuse, and homelessness among veterans
Locked Away for Life: The Case against Juvenile Life without Parole for Felony Murder
Full text linkThis Comment argues that life without the possibility of parole is not an appropriate sentence for juveniles who commit felony murder because of the inherent characteristics of juveniles, such as their immaturity and inability to foresee consequences. At the age of seventeen, Riley Briones was sentenced to life without the possibility of parole for his involvement in a robbery that resulted in a murder. Abused by his father throughout his childhood, Briones’ use of alcohol and drugs began early at the age of eleven. While he had aspired to attend college, Briones became a teen parent which required him to leave school to work full time. Briones’ participation in the robbery of a Subway restaurant led to his conviction on a charge of first-degree felony murder in United States v. Briones. Fifteen years after Briones was sentenced, the U.S. Supreme Court made major changes to juvenile sentencing in Miller v. Alabama and in Montgomery v. Louisiana, cases which both provided greater protections for juvenile offenders. However, despite repeated efforts by Briones to obtain resentencing and release on parole, the U.S. Court of Appeals for the Ninth Circuit ultimately affirmed his life without parole sentence. Part I of this Comment explores the origins, rationales, and critiques of the felony murder rule. Central to this examination are Enmund v. Florida and Tison v. Arizona, two pivotal Supreme Court cases that have assessed whether the death penalty is an appropriate punishment for felony murder. Part I also discusses Supreme Court cases that have shaped juvenile sentencing, with a focus on the sentence of juvenile life without the possibility of parole. Part II explores the problems that have developed after Jones v. Mississippi, a U.S. Supreme Court decision holding that a sentencer is not required to make a separate factual finding that a juvenile is permanently incorrigible when sentencing the juvenile to life without the possibility of parole. Part III compares the divergent outcomes of Briones under Miller and Jones, respectively. Part IV concludes that life without parole for juveniles is a disproportionate punishment for criminal liability under the felony murder rule
California’s 2023 Legislative Cycle: Governor Newsom Provides Victories and Losses for the Labor Movement
Full text linkDuring the 2023 legislative cycle, the California Legislature sent more than 900 bills to Governor Gavin Newsom’s desk for his review. Of the 900 bills, thirteen bills were sponsored by the California Labor Federation (CLF) in support of major labor initiatives. The CLF is a coalition of 1,200 unions dedicated to protecting workers. The CLF indicated that this past legislative year was a “fantastic year for organized labor in the [California] State Legislature,” specifically, thirteen of its sponsored bills passed the California Legislature and arrived at the Governor’s desk for his review.
Below is a preview of two workers’ rights bills signed into law (SB 616 and SB 497) and two workers’ rights bills vetoed by Governor Newsom (SB 799 and AB 1356)