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Articles 31 - 60 of 1239
Full-Text Articles in Entire DC Network
Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May
Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May
Washington Law Review
Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes. But in Yim v. City of Seattle, a case recently decided by the Ninth Circuit, landlords and tenant screening companies argued that the right to exclude from one’s property should be a fundamental right. Yim involved a challenge to Seattle’s Fair Chance Housing Ordinance, which, among other things, prohibits landlords and tenant screening companies from inquiring about or considering a …
Black Liberty In Emergency, Norrinda Brown
Black Liberty In Emergency, Norrinda Brown
Northwestern University Law Review
COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns— criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most restrictive pandemic order enforcement were nearly identical to the borders of highly segregated, historically Black neighborhoods.
The right to free movement is fundamental and, as a rule, cannot be impeded by the state. But the jurisprudence around state power in public health emergencies, deriving from the 1905 case Jacobson v. Massachusetts, has practically resulted …
Private Patrolling At The Boundaries Of Public Duty, Kathleen M. Naccarato
Private Patrolling At The Boundaries Of Public Duty, Kathleen M. Naccarato
Northwestern University Law Review
In the shadow of contemporary debates over police functions, funding, and accountability, a new form of preventative policing has proliferated. Improvement districts, most commonly associated with downtown revitalization efforts, increasingly served a new purpose—crime control. Communities dissatisfied with public police services have found that they may leverage improvement district tax revenues to hire off-duty police officers to patrol their neighborhoods. This trend has not been without controversy. Critics have contended that these semiprivate, semipublic police patrols create a two-tier system of public safety, allowing wealthy residents to privately purchase powers that belong to the public as a whole.
This Note …
Private Police Regulation And The Exclusionary Remedy: How Washington Can Eliminate The Public/Private Distinction, Jared Rothenberg
Private Police Regulation And The Exclusionary Remedy: How Washington Can Eliminate The Public/Private Distinction, Jared Rothenberg
Washington Law Review
Private security forces such as campus police, security guards, loss prevention officers, and the like are not state actors covered by the Fourth Amendment’s prohibition against unreasonable searches and seizures nor the Fifth Amendment’s Miranda protections. As members of the umbrella category of “private police,” these private law enforcement agents often obtain evidence, detain individuals, and elicit confessions in a manner that government actors cannot, which can then be lawfully turned over to the government. Though the same statutory law governing private citizens (assault, false imprisonment, trespass, etc.) also regulates private police conduct, private police conduct is not bound by …
Shooting In The Park: Distinguishing Public From Private Property Under Georgia’S Firearms Carrying Laws, Mackenzie Miller
Shooting In The Park: Distinguishing Public From Private Property Under Georgia’S Firearms Carrying Laws, Mackenzie Miller
Law Review Blog Posts
Georgia’s recent expansion of concealed carry creates safety problems for public events within the state’s parks. Exploring Georgia’s gun laws, this Article examines possible loopholes and addresses growing concerns.
Keep Your Fingerprints To Yourself: New York Needs A Biometric Privacy Law, Brendan Mcnerney
Keep Your Fingerprints To Yourself: New York Needs A Biometric Privacy Law, Brendan Mcnerney
St. John's Law Review
(Excerpt)
Imagine walking into a store, picking something up, and just walking out. No longer is this shoplifting, it is legal. In 2016, Amazon introduced their “Just Walk Out” technology in Seattle. “Just Walk Out” uses cameras located throughout the store to monitor shoppers, document what they pick up, and automatically charge that shoppers’ Amazon account when they leave the store. Recently, Amazon started selling “Just Walk Out” technology to other retailers. Since then, retailers have become increasingly interested in collecting and using customers’ “biometric identifiers and information.” Generally, “biometrics” is used to refer to “measurable human biological and behavioral …
Office Of Attorney General Peter F. Neronha, Attorney General: Access To Public Records Act, Open Meetings Act, Attorney General, State Of Rhode Island, Roger Williams University School Of Law
Office Of Attorney General Peter F. Neronha, Attorney General: Access To Public Records Act, Open Meetings Act, Attorney General, State Of Rhode Island, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
There Is No Bruen Step Zero: The Law-Abiding Citizen And The Second Amendment, Jeff Campbell
There Is No Bruen Step Zero: The Law-Abiding Citizen And The Second Amendment, Jeff Campbell
University of the District of Columbia Law Review
In District of Columbia v. Heller, 1 the Supreme Court transformed Second Amendment law by adopting an originalist approach in gun-rights cases. Breaking from its previous cases, the Court recognized an individual right to bear arms, at least within the home.2 The Court’s method, while not fully specified, focused on history to determine the meaning of the Second Amendment. 3 But despite the abrupt change in the law, the anticipated revolution never really came. Lower courts turned away nearly every challenge to existing gun laws, sometimes by declining to extend Heller outside the home,4 sometimes by finding that the laws …
A Call For The Legalization Of Two Sustainable Means Of Final Disposition In Ohio, Aimee Sheetz
A Call For The Legalization Of Two Sustainable Means Of Final Disposition In Ohio, Aimee Sheetz
Cleveland State Law Review
Several states currently have laws that allow for alkaline hydrolysis as an alternative to burial or cremation. A few states also allow for the composting of human remains. People are choosing these means of disposition for themselves and their loved ones due to environmental, financial, and societal reasons. Ohio currently does not allow either of these methods to be performed within the state. There have been attempts to legalize alkaline hydrolysis in Ohio. This Note calls for the legalization of both methods of disposition by including them in the Ohio Revised Code. This would provide clarity to the Ohio Board …
Voting Rights And The Electoral Process: Resolving Representation Issues Due To Felony Disenfranchisement And Prison Gerrymandering, Andrew Calabrese, Tim Gordon, Tianyi Lu
Voting Rights And The Electoral Process: Resolving Representation Issues Due To Felony Disenfranchisement And Prison Gerrymandering, Andrew Calabrese, Tim Gordon, Tianyi Lu
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Florida Gun Laws Weaken: Another Setback For The Mass Shooting Generation, Riley Kendall
Florida Gun Laws Weaken: Another Setback For The Mass Shooting Generation, Riley Kendall
Barry Law Review
While gun control has been a topic of controversy in the United States for decades, one area that has seemed undebatable is the protection of children from gun violence in our Nation’s schools. The methods of achieving this end goal vary from state to state. Some states have continued the longstanding tradition of designating schools as “gun-free zones,” while others have employed armed security guards. Florida has chosen the latter option for its public and charter schools. However, the Florida Legislature has taken a dramatic deviation from this path that will negatively affect students attending private religious schools: it passed …
The History And Trajectory Of Major Vice Regulations In Massachusetts, Jonathan D. Zlotnik, David K. Muradian
The History And Trajectory Of Major Vice Regulations In Massachusetts, Jonathan D. Zlotnik, David K. Muradian
School of Professional Studies
No abstract provided.
O-High-O: A Policy Note On Ohio's Current Push For Recreational Marijuana Legislation And How Other States Have Created Successful Recreational Marijuana Laws, Alexander M. Stewart
O-High-O: A Policy Note On Ohio's Current Push For Recreational Marijuana Legislation And How Other States Have Created Successful Recreational Marijuana Laws, Alexander M. Stewart
Et Cetera
Many states have gone on to pass comprehensive recreational marijuana laws that have greatly benefitted their economy, public health, and criminal justice system. Ohio currently allows for the use of marijuana for medicinal purposes, and there has been past attempts to enact legislation that would legalize the recreational use of marijuana, but the past proposals failed to gain the widespread support required to become law. This Note seeks to analyze and understand other states’ legislation in an attempt to understand what successful recreational marijuana legislation looks like. This Note concludes with a comprehensive proposal that contains all the essential elements …
Don't Pull The Trigger On New York's Concealed Carry Improvement Act: Addressing First And Second Amendment Concerns, Morgan Band
Don't Pull The Trigger On New York's Concealed Carry Improvement Act: Addressing First And Second Amendment Concerns, Morgan Band
Fordham Law Review
Despite the increasing prevalence of mass shootings in the United States, the U.S. Supreme Court in New York State Rifle & Pistol Ass’n, Inc. v. Bruen struck down a 100-year-old New York statute that had restricted access to concealed carry permits. The statute had required applicants to demonstrate a “proper cause” for needing a concealed carry permit. But even if an applicant made the necessary showing, licensing officials retained discretion under the statute to decline to issue a permit. In striking down the statute, the Court distinguished between “may-issue” jurisdictions, such as New York, which give licensing officials discretion in …
Mitigating Trail Troubles: An Analysis Of The Virginia Recreational Land Use Statute, Rachel Rogers, Cooper Vorel
Mitigating Trail Troubles: An Analysis Of The Virginia Recreational Land Use Statute, Rachel Rogers, Cooper Vorel
Virginia Coastal Policy Center
While the overall focus of this discussion is on the law of Virginia, it is often useful to look elsewhere for comparative purposes. This is especially important when it involves considering the future of Virginia’s recreational land use statute. The overall objective of this discussion is to supplement Virginia’s existing recreational land use legal regime by exploring specific issues related to Virginia’s statutory scheme and identifying areas where further research may be needed.
Four issues involving recreational land use statutes are explored herein. First, the scope of recreational use statutes, namely in Virginia, is examined. This issue addresses the substance …
Reflections On Fees And Fines As Stategraft, Rebekah Diller, Mitali Nagrecha, Alicia Bannon
Reflections On Fees And Fines As Stategraft, Rebekah Diller, Mitali Nagrecha, Alicia Bannon
Faculty Articles
In A Theory of Stategraft, Bernadette Atuahene advances the concept of “stategraft” to describe situations in which “state agents transfer property from persons to the state in violation of the state’s own laws or basic human rights.” This Essay delineates the ways in which criminal legal system fees and fines can be characterized as stategraft and explores the value of this concept for social movements. In many ways, the stategraft frame, with its focus on illegality, fits well with much of the litigation and advocacy against unconstitutional fees-and-fines practices that have occurred over the last decade. Exposing illegal practices …
Homeless Residency Restrictions, Ben A. Mcjunkin
Homeless Residency Restrictions, Ben A. Mcjunkin
West Virginia Law Review
Last year, the West Virginia House of Delegates introduced a radical proposal for responding to homelessness within the state: privately enforceable residency restrictions. As introduced, the restrictions prohibited homeless individuals from sheltering themselves, from being sheltered by others, or from receiving food or care within 1,500 feet of a school or childcare center. This prohibition was to operate statewide, transforming an issue that historically has been considered hyper-local into a subject of state concern. Moreover, the proposed bill established a private right of action for enforcement, legislating around the possibility of recalcitrant municipal governments declining to abide by the residency …
The Kinder, Gentler Irs? Where?, Harvey Gilmore
The Kinder, Gentler Irs? Where?, Harvey Gilmore
DePaul Business & Commercial Law Journal
No abstract provided.
Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Georgians “Waive” Goodbye To The Prospect Of Full Compensation In Car Wrecks Caused By Municipalities: Automatic Governmental Immunity Waiver’S Interplay With Liability Insurance, W. Jackson Latty
Mercer Law Review
Arguably two of the most axiomatic interests the Georgia legislature must consider when enacting laws are the interests of local governments to carry out public works and individual citizens’ abilities to seek full and adequate relief when they have been injured by the wrong of another. For example, although police officers generally enjoy immunity for acts performed in their official capacity, there is also a compelling government interest in allowing individuals to recover for a police officer’s negligent or reckless conduct, recoveries which often repay local hospitals or government insurance systems for treatment otherwise covered by taxpayer dollars. These two …
Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick
D.C. Council Testimony
No abstract provided.
Westerners Hung Out To Dry: A Review Of The Prior Appropriation Doctrine Amidst A Drying Climate And A Patchwork Of Water Claims, Madelyn M. Vandorpe
Westerners Hung Out To Dry: A Review Of The Prior Appropriation Doctrine Amidst A Drying Climate And A Patchwork Of Water Claims, Madelyn M. Vandorpe
Villanova Environmental Law Journal
No abstract provided.
Who Is Manning The Ship? The Environmental And Legal Questions Facing The Emerging Commercial Space Tourism Market, Alec Fante
Villanova Environmental Law Journal
No abstract provided.
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
DePaul Business & Commercial Law Journal
No abstract provided.
Establishing A Conditional Driver Permit In Texas, Luz E. Herrera, Taylor Garner, Crystal Hernandez, Lisa Mares
Establishing A Conditional Driver Permit In Texas, Luz E. Herrera, Taylor Garner, Crystal Hernandez, Lisa Mares
Faculty Scholarship
The article presents supporting data to expand access to state-issued driver permits for Texans who cannot provide the required documents to obtain a driver’s license. Part I examines the unlicensed and uninsured population in Texas that these efforts attempt to address. Part II discusses state jurisdiction to issue driver licenses and permits. It discusses existing Texas statutes that authorize the issuance of driver’s licenses and permits. The section also offers examples of other state statutes that have expanded their right to regulate driving privileges beyond Real ID Act requirements. Part III presents a partial economic analysis illustrating potential economic benefits …
2022 Rhode Island Public Laws, Aryamen A. Omshehe
2022 Rhode Island Public Laws, Aryamen A. Omshehe
Roger Williams University Law Review
No abstract provided.
New York State Rifle & Pistol Association V. Bruen, T.C. Lisle Whitman Ii
New York State Rifle & Pistol Association V. Bruen, T.C. Lisle Whitman Ii
Tennessee Law Review
No abstract provided.
Atryzek V. State, 268 A.3d 37 (R.I. 2022), Emily Hogan
Atryzek V. State, 268 A.3d 37 (R.I. 2022), Emily Hogan
Roger Williams University Law Review
No abstract provided.
State Constitutional Rights And Democratic Proportionality, Jessica Bulman-Pozen, Miriam Seifter
State Constitutional Rights And Democratic Proportionality, Jessica Bulman-Pozen, Miriam Seifter
Faculty Scholarship
State constitutional law is in the spotlight. As federal courts retrench on abortion, democracy, and more, state constitutions are defining rights across the nation. Despite intermittent calls for greater attention to state constitutional theory, neither scholars nor courts have provided a comprehensive account of state constitutional rights or a coherent framework for their adjudication. Instead, many state courts import federal interpretive practices that bear little relationship to state constitutions or institutions.
This Article seeks to begin a new conversation about state constitutional adjudication. It first shows how in myriad defining ways state constitutions differ from the U.S. Constitution: They protect …
The First Offense Is Just A Ticket? How Culture And Lobbying Shaped Wisconsin's Drunk Driving Law, And What To Do About It, Noah Wolfenstein
The First Offense Is Just A Ticket? How Culture And Lobbying Shaped Wisconsin's Drunk Driving Law, And What To Do About It, Noah Wolfenstein
Marquette Law Review
Wisconsin is known for, and proud of, its heavy drinking culture. The Badger State also acts as a safe haven for drunk drivers, of which there are many. Most notably, Wisconsin is the only member of the fifty states which does not criminally punish first-time drunk driving offenders. If the Wisconsin legislature has any interest in the public safety of its constituents, then new drunk driving prevention measures must be implemented.