Spring 2026
In Association With the Monmouth Pre-Law Society
Meet the Editors
Owen Bros is an aspiring attorney with experience in public service, legal research, and political advocacy. He has worked in government, nonprofit, and compliance roles, supporting civil rights enforcement, campaign finance compliance, and municipal initiatives. At Monmouth University, he served as Editor-in-Chief of the Undergraduate Law Review, Vice President of the College Democrats, and President of the Pre-Law Club and earned multiple academic honors. He brings strong analytical skills and a commitment to justice-focused work. Owen will be attending law school in the fall.
Jacqueline Tamburrino is an aspiring attorney with experience in policy leadership and legal advocacy. She has worked in healthcare and university administrative roles, supporting patient care operations and leading large-scale academic and campus initiatives. At Monmouth University, she serves as president of the Class of 2026, senior senator for the Student Government Association, student intern of the Institute for Global Understanding’s Global Understanding Convention, and vice president of the Pre-Law club. Jackie is the managing editor for the second issue of Monmouth University’s Law Review, and an award-winning member of the Debate Hawks and Fraternity & Sorority community. With strong research skills, organizational leadership, and a commitment to public service, she plans to attend law school following graduation.
A Note from Faculty Advising
The Monmouth University Pre-Law Club has built on the success of previous years by publishing Volume II of the Monmouth University Law Review. This year, our editors Owen Bros and Jacqueline Tamburrino went above and beyond in their roles. The cover, logo, peer-review system, and basic formatting have all been standardized, leaving a legacy for the publication as both editors move on to fulfill their law school ambitions. With 7 student publications, this volume is the largest yet and will be published online as well as in print. We are incredibly grateful to the Monmouth Community for supporting this publication and allowing you to read it right now. We are also incredibly proud of our students for their contributions.
Taking on the task of writing or editing for the law review is totally voluntary and a reflection of the dedication of our students at Monmouth University. Many hours have been spent reading, writing, reviewing, and even arguing about the following articles. We hope you enjoy reading the volume and find it intellectually inspiring.
– Dr. Scott Hofer, Faculty Advisor
Articles
The History and Tradition of Inconsistency: An Analysis of the Supreme Court’s Historical and Traditional Test
Abstract
This paper argues that the Supreme Court’s “history and tradition” test, developed in cases like New York State Rifle & Pistol Ass’n v. Bruen (2022), creates inconsistency and confusion in constitutional interpretation. It demonstrates how the Court applied this test differently in Bruen, Dobbs v. Jackson Women’s Health Organization, and Kennedy v. Bremerton School District, often relying on selective or questionable historical sources. The author contends that this approach undermines stare decisis, weakens modern policymaking, and allows subjective judicial interpretation influenced by political ideology. Ultimately, the paper concludes that the test is not a reliable or objective standard and should be abandoned to preserve consistency and fairness in constitutional law.
Bio
Ian McGough is a Political Science major with a concentration in Legal Studies and a Minor in History at Monmouth University. As an active member of several clubs and honor societies, he has been rewarded for his academic achievements on Monmouth’s Mock Trial and Policy Debate Teams and has made the Dean’s List- all in his first semester as a transfer student. During his time at Monmouth University, Ian has shown exceptional adaptability, resiliency, and determination as he pursues his goal of becoming an attorney. Having experience in congressional lobbying for medical pediatric research projects in Washington D.C., working alongside members of the New Jersey State legislature, and the coordination of campaigns for local officials, Ian is passionately interested in issues regarding unresolved constitutional law and American foreign policy. Currently in his junior year, Ian plans to attend law school after he graduates, a goal that is reinforced by the support of his mother, father, and Nana.
The Legal Landscape of Firearm Regulation
Abstract
This paper examines how the Second Amendment has been interpreted by courts and how firearm regulations vary widely across states with differing levels of restriction. It analyzes key Supreme Court cases such as District of Columbia v. Heller, McDonald v. City of Chicago, and New York State Rifle & Pistol Ass’n v. Bruen, showing how the Court has recognized an individual right to bear arms while still allowing certain regulations. The paper also highlights how the Bruen decision shifted legal analysis away from balancing public safety with rights toward a strict historical tradition test, limiting modern regulatory flexibility. Ultimately, it argues that while data suggests stricter gun laws may reduce violence, courts prioritize constitutional consistency over policy effectiveness when evaluating firearm laws.
Bio
Francesco Cassaro is a Political Science major with a concentration in Legal Studies at Monmouth University, where he has demonstrated strong academic performance and a clear commitment to the legal field. As an active member of the Pre-Law Club, he engages in discussions on current legal issues, collaborates with peers interested in legal careers, and continues preparing to attend law school following graduation. In addition to his academic pursuits, Francesco has developed valuable professional experience in marketing, leadership, and operations. He currently serves as a Marketing Strategist Intern at Apco Security Systems and as an Operations Manager for Vision Works Mobile Entertainment, where he oversees logistics and team coordination. Passionate about law, leadership, and community involvement, Francesco is dedicated to continued growth both academically and professionally as he works toward a future career in the legal profession.
The Brandenburg Test and Online Radicalism
Abstract
This paper argues that the Brandenburg v. Ohio test for incitement, while historically protective of free speech, is outdated and ineffective in addressing modern online radicalization. It traces the evolution of incitement law from earlier doctrines like the “bad tendency” and “clear and present danger” tests, showing how Brandenburg v. Ohio established a stricter standard requiring intent, imminence, and likelihood. The paper explains that this framework fails in the digital age, where harmful speech spreads gradually, anonymously, and without clear immediacy.
Ultimately, it proposes that rather than abandoning Brandenburg, courts should adopt updated approaches—such as a sliding-scale test or elements of international frameworks—to better address online extremism while preserving First Amendment protections.
Bio
Viktoria Stojceski is a Political Science student at Monmouth University in West Long Branch, New Jersey. During her time at Monmouth, she has actively pursued opportunities to strengthen her skills in argumentation, critical thinking, and public speaking through organizations such as Mock Trial, Model United Nations, and Policy Debate. As an aspiring attorney, Viktoria is deeply committed to understanding the law, examining not only how it functions but also how it can be improved to better serve society. Currently in her sophomore year, she is preparing to pursue internships and other professional opportunities to further develop her legal knowledge and advocacy skills.
Balancing Safety and Rights: Vape Detectors and the Constitutional Boundaries of Public-School Searches
Abstract
This paper examines the constitutional implications of using vape detectors in public schools, focusing on how such technology interacts with students’ Fourth Amendment rights. It explains that while cases like New Jersey v. T.L.O. allow searches based on reasonable suspicion rather
than probable cause, vape detectors create indirect and potentially unreliable suspicion that may not meet this standard. The paper argues that searches based solely on a detector alert risk violating students’ privacy, especially in highly protected spaces like bathrooms and when multiple students are present. Ultimately, it concludes that schools should treat vape detectors as investigative tools rather than automatic justification for searches, requiring additional evidence to balance student safety with constitutional protections.
Bio
Delainey Frank is a rising senior at Monmouth University majoring in Political Science with a Concentration in Legal Studies and a minor in Business Administration. Throughout her time at Monmouth, she has completed an internship with Hayden Power Group as a Legal Intern. She has been involved in reviving the Mock Trial Team and has been a vital member of the Pre-Law Club. She is a member of the Phi Sigma Sigma sorority and has two positions on their Executive Council. She plans on taking the LSAT in August and attending law school in Philadelphia or Boston.
Political and Legal Power and the Enforcement of Law
Abstract
This paper argues that the enforcement of law is deeply shaped by political and legal power, often producing unequal outcomes across race and socioeconomic status. Using case studies from New York City, Chicago, and Jackson, Mississippi, it demonstrates how policing practices, arrest rates, and judicial systems disproportionately impact marginalized communities despite similar or lower levels of actual criminal behavior. The analysis draws on critical legal theory to show that law is not neutral but instead reflects structural inequalities and the interests of those in power. Ultimately, the paper concludes that meaningful reform requires addressing both policy and institutional bias to achieve a more equitable balance between law enforcement and justice.
Bio
Abel Rymar is an aspiring researcher, who has experience interning for the Legislative District 11 office in Tinton Falls, as well as the former Monmouth University Polling Institute. They have also co-established the Young Democratic Socialists of America club on Monmouth’s campus, where he serves as secretary. He has also conducted an independent study which was distributed to the US Consulate General in Cape Town regarding the diplomatic and economic bilateral relationship between South Africa and Palestine. While their work is focused more on the global capitalist system and its consequences, when examining the law, they take a critical approach to how it is enforced compared to how it is codified in the statutory rulebooks. Abel will be attending graduate school in the upcoming fall term, and has recently been accepted to universities such as SOAS, the LSE, Rutgers, and the University of Cambridge.
Evidentiary Barriers in New Jersey Human Trafficking Prosecutions
Abstract
This paper argues that New Jersey’s human trafficking statute creates significant evidentiary barriers that lead prosecutors to favor second-degree charges over more serious first-degree convictions. It explains that proving coercion—required for first-degree offenses—is difficult because it relies heavily on victim testimony and psychological evidence, while second-degree charges can be supported by clearer digital and financial records. The analysis shows that this imbalance results in undercharging serious traffickers, weakening deterrence and allowing lighter sentences and earlier release. Ultimately, the paper recommends statutory clarification, trauma-informed practices, and stronger evidentiary frameworks to better align prosecution outcomes with the severity of trafficking crimes while preserving due process.
Bio
Jacqueline Tamburrino is an aspiring attorney with experience in policy leadership and legal advocacy. She has worked in healthcare and university administration roles, supporting patient care operations and leading large-scale academic and campus initiatives. At Monmouth University, she serves as president of the Class of 2026, senior senator for the Student Government Association, student intern of the Institute for Global Understanding’s Global Understanding Convention, and vice president of the Pre-Law club. Jackie is the managing editor for the second issue of Monmouth University’s Law Review, and an award-winning member of the Debate Hawks and Fraternity & Sorority community. With strong research skills, organizational leadership, and a commitment to public service, she plans to attend law school following graduation.
How Different Civil and Criminal Burdens of Proof Shape Legal Outcomes
Abstract
This paper seeks to explore how different burdens of proof in civil and criminal laws affect outcomes and the administration of justice in the American justice system. Even though they deal with different forms of wrongdoing, they have different purposes. One seeks to compensate for harm done, while the other seeks to punish wrongdoing against the state. By evaluating some of the key principles and cases, this paper seeks to show how different objectives underlie the different burdens of proof, i.e., “preponderance of evidence” in civil cases and “beyond a reasonable doubt” in criminal cases. It further seeks to explore how rights to an attorney, trials by jury, and Fifth Amendment rights differ between the two systems, thus impacting outcomes. By analyzing issues like wrongful death, liability, and other rights, this paper concludes that the burden of proof is the key difference between civil and criminal laws, thus impacting outcomes and justice accordingly.
Bio
Anthony Tanico is a Political Science major with a concentration in Legal Studies and a minor in Leadership Communication at Monmouth University, where he has developed strong analytical, legal reasoning, and leadership skills. He served on the Sigma Pi Executive Board managing Alumni Relations for nearly 600 alumni, and during his time on the board, the chapter earned numerous awards. Anthony is a member of the Pre-Law Club and has earned relevant professional certifications that strengthen his academic and practical legal foundation. In fall 2025, he participated in a U.S. Department of State Diplomacy Lab project, researching a Middle Eastern/North African country’s relationship with South Africa; the study was shared with the U.S. Consulate General in Cape Town. He previously interned at Eichen Crutchlow Zaslow, LLP, where he abstracted lengthy depositions in medical malpractice and wrongful death cases into concise legal summaries, and he will intern with a healthcare legal team this upcoming summer. Following graduation, Anthony plans to attend law school and pursue a career in public service and legal advocacy.
Bibliography
Submit an Article
To submit your article to The Monmouth University Law Review, email submission content to MULawReview@gmail.com.