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Articles 1 - 30 of 1449
Full-Text Articles in Entire DC Network
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram
UC Law Constitutional Quarterly
In 1910, the Supreme Court recognized in Weems v. United States that a constitution “must be capable of wider application than the mischief which gave it birth.” This principle led to the creation of the Court’s two-pronged “evolving standards of decency,” test: (1) evidence of an objective indicia of a national consensus, and (2) the reviewing court’s own independent judgment. To this day the Court has yet to apply this test outside of the Eighth Amendment context. But can the “evolving standards of decency,” test identify and protect other fundamental rights? This Article explores how the Court could apply the …
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Deserts Still Need Water: Using Adr Processes To Support Rural Residents And Counter The Challenges Stemming From The Shortage Of Lawyers In The “Great American Legal Desert”, Whitney Heuermann
Pepperdine Dispute Resolution Law Journal
Researchers dub rural America the “Great American Legal Desert,” deriving its nickname from the fact that roughly 20% of the nation's population lives in rural America while only 2% of small law practices are located in rural areas. This comment proposes that an increase in alternative dispute resolution (ADR) programming and usage serves as a viable avenue to alleviate the lawyer shortage’s harmful effects in rural America. This note begins by generally identifying ADR’s pros, such as cost, privacy, and community preservation, and then correlating these advantages to various aspects of rural America. ADR programming in Kentucky, Idaho, and Kansas …
Connecting The Dots: Sharing Hidden Histories Of Regional Inventors’ Patents, John Schlipp, Kris Kallies
Connecting The Dots: Sharing Hidden Histories Of Regional Inventors’ Patents, John Schlipp, Kris Kallies
Journal of the Patent and Trademark Resource Center Association
Patent and Trademark Resource Centers (PTRCs) support inventors, entrepreneurs, and researchers with patent and trademark information. Some PTRCs share regional patent history as part of their community outreach. This article focuses on PTRCs that have developed online databases and published works documenting regional patents, thereby providing hidden historical insights for historians, genealogists, and students. It spotlights the development of Georgiavation, a historic patent database developed by the PTRC at Georgia Southern University. Finally, this article offers guidance for libraries, museums, and other institutions interested in documenting their state or regional patent histories. This can result in a more inclusive narrative …
Roads Not Taken On Affirmative Action, Robert L. Tsai
Roads Not Taken On Affirmative Action, Robert L. Tsai
Seton Hall Law Review
No abstract provided.
Rawls, Game Theory, And The Multiple Meanings Of Equality, David Crump
Rawls, Game Theory, And The Multiple Meanings Of Equality, David Crump
St. Mary's Law Journal
No abstract provided.
Point: The Supreme Court Gets It Right In 303 Creative V. Elenis: People Of Faith Cannot Be Compelled To Create Expressive Messages Violating Their Religious Beliefs, Charles J. Russo
University of Dayton Law Review
No abstract provided.
The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee
The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee
Journal of Legislation
This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.
Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley
Creative Jurisprudence: The Paradox Of Free Speech Absolutism, R. George Wright, Chris Rowley
University of Colorado Law Review Forum
Governments often seek to restrict speech on the basis of its content, navigating the ever-complex terrain between constitutional freedoms and regulatory interests. While the United States judiciary has historically endeavored to balance competing constitutional questions and government interests when scrutinizing content-based speech regulations, recent trends signify a troubling shift. The judiciary has recently embraced what this Article refers to as free speech absolutism, whereby it sidesteps the longstanding, intricate process of balancing constitutional values and public interests, in favor of an unequivocal endorsement of speech rights. This simplified judicial strategy proceeds first with an acknowledgment of the paramount importance of …
Volume 50, Issue Ii - Full Combined Issue
Volume 50, Issue Ii - Full Combined Issue
Journal of Legislation
No abstract provided.
Trade Laws Between Northern Ireland And The Republic Of Irelandpost Brexit, Claire O'Brien
Trade Laws Between Northern Ireland And The Republic Of Irelandpost Brexit, Claire O'Brien
Ohio Northern University International Law Journal
No abstract provided.
Greg Needs A Lawyer: Is He Getting An Ethical One?, Megan Mcdermott
Greg Needs A Lawyer: Is He Getting An Ethical One?, Megan Mcdermott
DePaul Law Review
No abstract provided.
The Gettysburg Address: Lincoln’S Model Legal Argument, Patrick J. Long
The Gettysburg Address: Lincoln’S Model Legal Argument, Patrick J. Long
Buffalo Law Review
The Gettysburg Address does not appear to be a legal argument. One cannot find a rule anywhere in its few words. Nor does there seem to be any application of a rule to the facts of the case. There is a simple reason for this absence: the law in 1863 was wrong. Lincoln knew that, but he was too much the lawyer to advocate law-breaking. Instead, he used all the skills he had learned from his years in the courtroom to urge his listeners to look beyond the law’s flaws to find the truth of the Declaration’s “self-evident truth.”
National Security Law, Geoffrey M. Goodale, Jonathan Meyer, Mario Mancuso, Lucille Hague, Matthew O'Hare, Faith Dibble, Bonnie H. Weinstein, Sergio L. Suarez, Christopher A. Vallandingham, Guy C. Quinlin
National Security Law, Geoffrey M. Goodale, Jonathan Meyer, Mario Mancuso, Lucille Hague, Matthew O'Hare, Faith Dibble, Bonnie H. Weinstein, Sergio L. Suarez, Christopher A. Vallandingham, Guy C. Quinlin
The Year in Review
No abstract provided.
School Pronouns And The Compelled-Speech Objection, Phillip Seaver-Hall
School Pronouns And The Compelled-Speech Objection, Phillip Seaver-Hall
Mercer Law Review
America’s transgender youth are entrenched in a nationwide mental health crisis. A majority of transgender teenage boys have attempted suicide at least once, and roughly a third of transgender teenage girls have done the same. To mitigate this national emergency, many public school districts have begun requiring their teachers to use transgender students’ preferred names and pronouns. Many conservatives, however, insist that such rules violate the First Amendment’s prohibition of compelled speech.
This article thoroughly dissects that argument and exposes its flaws. It examines the compelled‑speech objection through the lens of the government speech doctrine, weighs countervailing academic‑freedom concerns, proposes …
On Preparing The Soil For Rain, Errol Meidinger
On Preparing The Soil For Rain, Errol Meidinger
Buffalo Law Review
This Essay examines several possibilities for improving our thinking about the vexing, multifaceted problem of revitalizing languishing regions of the United States. Its jumping-off point is an important work of socio-economiclegal history: While Waiting for Rain: Community, Economy, and Law in a Time of Change, by John Henry Schlegel. The book seeks to understand the steady decline of US regional economies, particularly Buffalo, following a period of relatively high prosperity from World War II through the 1950s; its tandem question is how those economies might be revived. Based on a very full and rich exposition, Schlegel argues that, like farmers …
Search No Further Than Glatt V. Searchlight Pictures For A Uniform Test To The Student-Athlete Employment Question, Gabriella Fletcher
Search No Further Than Glatt V. Searchlight Pictures For A Uniform Test To The Student-Athlete Employment Question, Gabriella Fletcher
University of Dayton Law Review
No abstract provided.
Legal Remedies To Collective Trauma In Northern Ireland, Katherine S. Thomas
Legal Remedies To Collective Trauma In Northern Ireland, Katherine S. Thomas
Duke Journal of Comparative & International Law
How can a country legally address collective trauma? Northern Ireland faced this daunting question in 1998, when the signing of the Good Friday Agreement heralded the end of decades of sectarian violence known as the Troubles. More than two decades later, the social and economic damage of the Troubles lingers. Years of piecemeal reconciliation efforts have proved controversial and yielded inconsistent results. The "truth" of the Troubles remains a divisive issue, and the question of how Northern Ireland can achieve lasting reconciliation still looms. This Note offers an up-to-date review of transitional justice efforts in Northern Ireland and the ongoing …
Uncharted Waters: Should International Maritime Terrorism Be Included In The Jurisdiction Of The International Criminal Court?, Juan-Pablo Perez-Leon-Acevedo, Giorgi Chakhvadze
Uncharted Waters: Should International Maritime Terrorism Be Included In The Jurisdiction Of The International Criminal Court?, Juan-Pablo Perez-Leon-Acevedo, Giorgi Chakhvadze
Duke Journal of Comparative & International Law
The International Criminal Court (ICC) lacks jurisdiction over international terrorism. Despite related academic literature, no academic publication discusses whether the ICC should have jurisdiction over international maritime terrorism. This deserves attention due to the increasing importance of this global phenomenon in the last few decades. Consequently, this Article considers whether international maritime terrorism should be included in the ICC’s jurisdiction. First, it discusses international maritime terrorism as a manifestation of the emerging international crime of international terrorism, examining i) whether there is an accepted or an emerging legal definition of international maritime terrorism, ii) whether international maritime terrorism is a …
Domestic Supply (A Feminist Proposal), Jennifer Hendricks
Domestic Supply (A Feminist Proposal), Jennifer Hendricks
UC Law Constitutional Quarterly
No abstract provided.
Taxing Dirty Luxuries, Victoria J. Haneman
Taxing Dirty Luxuries, Victoria J. Haneman
Case Western Reserve Journal of International Law
Dirty luxuries are items that are pleasant or nice to have, not necessities, that absolutely bludgeon the environment. From the merely affluent to the ultra-rich, consumers enjoying dirty luxuries, such as luxury clothing, private jets, superyachts, SUVs, and vacation cruises, drive one of the most polluting types of consumption on the planet. This Article explores the climate costs of dirty luxuries, considers the current and proposed international efforts to address the climate impact of these luxuries, and proposes structures by which these luxuries may be taxed to either reduce consumption or compensate for negative externalities.
We're All Born Naked And The Rest Is Speech: Gender Expression And The First Amendment, Charlie Ferguson
We're All Born Naked And The Rest Is Speech: Gender Expression And The First Amendment, Charlie Ferguson
University of Pennsylvania Law Review
As the antitransgender moral panic reaches a fever pitch, transgender civil rights are becoming increasingly fragile. A potential legal defense to these attacks lies within the First Amendment: if gender expression, or the way humans communicate their gender identity, is understood to be expressive conduct, it may receive protections under the Free Speech Clause. Using the framework of Spence v. Washington, this Comment argues that gender expression is a form of speech deserving of First Amendment protection. First, a speaker can use gender expression to share information about their identity. And second, an audience is likely to understand the speaker’s …
Navigating Identity, Belonging, And Purpose In A Society In Flux, Chris Rabb
Navigating Identity, Belonging, And Purpose In A Society In Flux, Chris Rabb
Pace Law Review
Chris Rabb is a family historian, author, and thought leader at the intersection of social identity, civic innovation, and equity. This is a lightly edited transcript of his 2023 Dyson Distinguished Lecture delivered at the Elisabeth Haub School of Law at Pace University on October 25, 2023.
Free Speech Versus Compelled Speech: A First Amendment Reform Of Section 230, Michael Alderman
Free Speech Versus Compelled Speech: A First Amendment Reform Of Section 230, Michael Alderman
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Harmful Precautions, Ronen Perry
Harmful Precautions, Ronen Perry
Notre Dame Law Review
According to the conventional definition of reasonableness, commonly known as the Hand formula, a person acts unreasonably (hence negligently) toward another if they fail to take precautions whose cost for the actor is lower than the expected loss for the other that these precautions can prevent.1 While law-and-economics theorists have advocated and courts have often embraced adjustments to both sides of this algebraic formulation,2 the idea that the expected loss must be compared with the cost of precautions for the potential injurer has remained mostly uncontested.3 This Article unveils an overlooked yet fundamental flaw in the orthodox understanding and application …
Law And Its Limits: Ethical Issues In Mary Shelley’S Frankenstein Or, The Modern Prometheus, David S. Caudill
Law And Its Limits: Ethical Issues In Mary Shelley’S Frankenstein Or, The Modern Prometheus, David S. Caudill
St. Mary's Journal on Legal Malpractice & Ethics
The law and literature movement is frequently associated with the use of literary images of law as a point of reflection upon the ethical obligations of lawyers. Mary Shelley’s Frankenstein (1818)—the story of a young scientist whose unorthodox experiments end up creating the famed “monster”—is not, at first glance, a likely candidate for that enterprise. However, Dr. Frankenstein’s ambition and ruthless pursuit of knowledge has become a contemporary image of science out of control and the need for ethical limitations on scientific progress. Consequently, the novel raises currently important issues of regulating science and technology. Given the lawyer’s ethical obligation …
One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell
One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell
Washington Law Review
We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …
Fact Stripping, Joseph Blocher, Brandon L. Garrett
Fact Stripping, Joseph Blocher, Brandon L. Garrett
Duke Law Journal
Appellate fact review in constitutional litigation has never been more important. Whether someone’s rights were violated often turns on what happened—matters of fact—and not solely on matters of law. That makes it all the more striking that the U.S. Supreme Court has increasingly reversed rulings of lower courts based on factual disagreement, given that such factfinding is typically entitled to significant appellate deference. Scholars and would-be reformers have noted many problems with appellate factfinding, but have tended to assume that the Court itself has final say on the applicable standard of review.
Yet as a matter of constitutional law, the …
Are The Imposed Principles Standard? A Review Of Imposing Standards: The North-South Dimension To Global Tax Politics By Martin Hearson, Opeyemi Bello
Are The Imposed Principles Standard? A Review Of Imposing Standards: The North-South Dimension To Global Tax Politics By Martin Hearson, Opeyemi Bello
Dalhousie Law Journal
The publication of Martin Hearson’s book, Imposing Standards: The North-South Dimension to Global Tax Politics, coincided with heated international discussions of the most substantial policy proposals in the field of international taxation in the last century.1 Hearson’s work provides insights on how the developed countries exerted control over the negotiations of the double taxation agreement (DTA) regime, which is the basis of the current international taxation framework. It explains how the negotiations resulted in a framework that works well for the developed countries, but does not substantially address the tax revenue needs of the developing countries. The publication of the …
Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne
Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne
Hofstra Law Review
The article discusses the failures of the American justice system to find and punish offenders for the majority of serious crimes. It highlight the low clearance and conviction rates for crimes such as murder, rape, and assault. It further argues that these failures of justice have practical consequences on crime rates and also disproportionately affect racial minorities and low-income communities.