Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 30 of 330
Full-Text Articles in Entire DC Network
Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll
Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll
Articles
Speech is more than just an individual right-it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the First Amendment promises broad rights of speech and assembly, these rights are not absolute. Criminal law regularly curtails such rights - either by directly regulating speech as speech or by imposing incidental burdens on speech as it seeks to promote other state interests. This Feature examines …
The Public Voice Of The Defender, Russell M. Gold, Kay L. Levine
The Public Voice Of The Defender, Russell M. Gold, Kay L. Levine
Articles
For decades police and prosecutors have controlled the public narrative about criminal law. The news landscape features salacious stories of violent crimes while ignoring the more mundane but far more prevalent minor cases that clog the court dockets. Defenders, faced with overwhelming caseloads and fear that speaking out may harm their clients, have largely ceded the opportunity to offer a counternarrative based on what they see every day. Defenders tell each other about the overuse of pretrial detention, intensive pressure to plead guilty, overzealous prosecutors, cycles of violence, and rampant constitutional violations-all of which inflict severe harm on defendants and …
Noncitizen Harboring And The Freedom Of Association, Shalini Bhargava Ray
Noncitizen Harboring And The Freedom Of Association, Shalini Bhargava Ray
Articles
The United States has long criminalized assistance to unauthorized migrants. It is a crime to smuggle, transport, harbor, or encourage unauthorized migrants to remain in the country, regardless of the reasons for such aid. In response to recent federal harboring prosecutions of humanitarians assisting migrants at the U.S.- Mexico border, scholars and advocates have shown tremendous interest in a defense to liability under the Religious Freedom Restoration Act and the First Amendment's Free Speech Clause. But a comparative analysis of harboring law reveals that some foreign jurisdictions conceptualize harboring law and defenses to liability in terms of citizen-migrant associations rather …
Time To Heal: Trauma's Impact On Rape & Sexual Assault Statutes Of Limitations, Fredrick E. Vars, Jillian Miller Purdue
Time To Heal: Trauma's Impact On Rape & Sexual Assault Statutes Of Limitations, Fredrick E. Vars, Jillian Miller Purdue
Articles
Short statutes of limitations for sex crimes ask the impossible of many vic- tims: report the crime before they have recovered from the trauma. Perpetra- tors go free as a direct result of the injury they caused. Nearly a third of victims of rape and sexual assaulthave PTSD during their lifetimes. PTSD is associated with three symptoms pertinent to reporting a crime: avoidance cop- ing (avoidingdistressing thoughts, feelings, or reminders of the attack), disso- ciative amnesia (forgetting important or all aspects of the attack), and depression. These symptoms all affect a victim's psychological ability to report a crime before a …
Crying Wolf: Neo-Patriots, Critical Race Theory, And The Constitutional Protection Of "Dangerous" Ideas, Bryan K. Fair
Crying Wolf: Neo-Patriots, Critical Race Theory, And The Constitutional Protection Of "Dangerous" Ideas, Bryan K. Fair
Articles
Most Americans do not realize that, notwithstanding the First Amendment's free speech guarantee, for most of our nation's history, judges sent men and women to prison for expressing ideas considered too "dangerous." It was not until the late 1960s that the Supreme Court rejected the clear and present danger doctrine, insisting that statutes banning speech must draw a distinction between advocacy of ideas and advocacy of imminent lawless action. The Court held that under that constitutional norm, the government could not send a Klansman to prison for expressing racist, anti-Semitic, or otherwise dangerous or offensive ideas. Since then, banning the …
The Public Voice Of The Defender,, Russell M. Gold, Kay L. Levine
The Public Voice Of The Defender,, Russell M. Gold, Kay L. Levine
Articles
For decades, police and prosecutors have controlled the public narrative about criminal law. The news landscape features salacious stories of violent crimes while ignoring the more mundane but far more prevalent minor cases that clog the court dockets. Defenders, faced with overwhelming caseloads and fear that speaking out may harm their clients, have largely ceded the opportunity to offer a counternarrative based on what they see every day. Defenders tell each other about the overuse of pretrial detention, intensive pressure to plead guilty, overzealous prosecutors, cycles of violence, and rampant constitutional violations-all of which inflict severe harm on defendants and …
Opening A Federal Reserve Account, Julie Andersen Hill
Opening A Federal Reserve Account, Julie Andersen Hill
Articles
To open bank accounts, new customers provide personal information and make a deposit. Within a few minutes (or perhaps a few days), new customers get access to payment services. For many years, the process financial institutions used to open accounts at FederalReserve Banks was similar. Eligible banks filled out a one-page form and within a week received an account allowing them access to the FederalReserve's payment systems. Recently, however, Federal Reserve Banks have spent years considering account requests from novel banks.
This Article examines the Federal Reserve's process for evaluating requests for accounts. Using interviews, court documents, and other sources, …
Common Law Constitutionalism And The Protean First Amendment, Ronald Jr. Krotoszynski
Common Law Constitutionalism And The Protean First Amendment, Ronald Jr. Krotoszynski
Articles
No abstract provided.
Enforcing Equity Joyce A. Hughes: A Celebration, Daiquiri J. Steele
Enforcing Equity Joyce A. Hughes: A Celebration, Daiquiri J. Steele
Articles
No abstract provided.
Federalism By Deception: The Implied Limits On Congressional Power, Bryan K. Fair
Federalism By Deception: The Implied Limits On Congressional Power, Bryan K. Fair
Articles
The purpose of this Article is to lay bare federalism by deception and the theory of implied limits on federal power. Other scholars have recently noted the rise of anti-federalist viewpoints in modern cases. I go a step further to demonstrate how Supreme Court Justices have embraced anti-federal ideology, but have cited Federalist sources, including Marshall, to announce unenumerated limits on federal legislative power.
Power Over Procedure, Russell M. Gold
Power Over Procedure, Russell M. Gold
Articles
American law should better protect people's bodies from being caged than it should protect people's money. And yet in so many ways it does the opposite. Instead of calibrating protections for defendants to the importance of the interest at stake, disparities between pretrial protections in federal civil and criminal procedure instead track differences in race and class between defendants in the two systems. Criminal defendants, for instance, can be locked in cages for two days on a mere accusation by police before a magistrate considers the validity of that deprivation. Civil defendants, by contrast, typically cannot be deprived of their …
Volunteer Prosecutors, Russell M. Gold
Moral Reflections On Twenty-First Century Tax Policy Trends, Susan Pace Hamill
Moral Reflections On Twenty-First Century Tax Policy Trends, Susan Pace Hamill
Articles
Focusing on individual taxpayers, this article offers moral reflections on state and local, and federal tax policy trends during the first two decades of the twenty-first century. Although tax policy decisions are made by politicians (who often rely on economists), determining the best tax policy is ultimately an ethical issue and serves as a barometer revealing the true moral compass of any community. I started thinking about ethical tax policy while studying theology at the Beeson Divinity School, a conservative evangelical seminary that is part of Samford University. At Beeson, I noticed for the first time the gap between "walk …
Noncitizen Harboring And The Freedom Of Association, Shalini Bhargava Ray
Noncitizen Harboring And The Freedom Of Association, Shalini Bhargava Ray
Articles
No abstract provided.
Moral Reflections On Twenty-First Century Tax Policy Trends, Susan Pace Hamill
Moral Reflections On Twenty-First Century Tax Policy Trends, Susan Pace Hamill
Articles
No abstract provided.
Alienating Criminal Procedure, Amy F. Kimpel
On The Importance Of Being Earnest: Contrasting The Dangers Of Makeweights With The Virtues Of Judicial Candor In Constitutional Adjudication, Ronald Jr. Krotoszynski
On The Importance Of Being Earnest: Contrasting The Dangers Of Makeweights With The Virtues Of Judicial Candor In Constitutional Adjudication, Ronald Jr. Krotoszynski
Articles
No abstract provided.
Are Children's Rights Enough?, Clare Ryan
"Show Me Your Gun": A Way Forward On Waiting Periods Annual Survey: Gun Reform Symposium, Fredrick Vars
"Show Me Your Gun": A Way Forward On Waiting Periods Annual Survey: Gun Reform Symposium, Fredrick Vars
Articles
No abstract provided.
Murder And Money: The Dark Side Of Taylor Swift, Fredrick Vars
Murder And Money: The Dark Side Of Taylor Swift, Fredrick Vars
Articles
No abstract provided.
The Criminal Legal System Doesn't Care About Your Mental Illness: A Review Of The Other Dr. Gilmer: Two Men, A Murder, And An Unlikely Fight For Justice Review, Fredrick Vars
Articles
No abstract provided.
Law's Gaze, John Felipe Acevedo
Immigration Law's Arbitrariness Problem, Shalini Ray
Immigration Law's Arbitrariness Problem, Shalini Ray
Articles
Despite deportation’s devastating effects, the Immigration and Nationality Act (INA) specifies deportation as the penalty for nearly every immigration law violation. Critics have regularly decried the INA’s lack of proportionality, contending that the penalty often does not fit the offense. The immigration bureaucracy’s implementation of the INA, however, involves a spectrum of penalties short of deportation. Using tools such as administrative closure, orders of supervision, and deferred action, agency bureaucrats decide who is deported and who stays, and on what terms, on a purely ad hoc basis. In this “shadow system,” immigrants, their advocates, and the broader public lack basic …
Cannabis Banking: What Marijuana Can Learn From Hemp, Julie A. Hill
Cannabis Banking: What Marijuana Can Learn From Hemp, Julie A. Hill
Articles
Marijuana-related businesses have banking problems. Many banks explain that, because marijuana is illegal under federal law, they will not serve the industry. Even when marijuana-related businesses can open bank accounts, they still have trouble accepting credit cards and getting loans. Some hope to fix marijuana's banking problems with changes to federal law. Proposals range from broad reforms removing marijuana from the list of controlled substances to narrower legislation prohibiting banking regulators from punishing banks that serve the marijuana industry. But would these proposals solve marijuana's banking problems?
In 2018, Congress legalized another variant of the Cannabis plant species: hemp. Prior …
The Law Of Emerging Adults, Clare Ryan
The Law Of Emerging Adults, Clare Ryan
Articles
Law tends to divide people into two groups based on age: children and adults. The age of majority provides a bright line between two quite different legal regimes. Minority is characterized by dependency, parental control, incapacity, and diminished responsibility. Adulthood is characterized by autonomy, capacity, and financial and legal responsibility. Over the course of the twentieth century, evolving understandings of adolescence in law and culture produced a staged process of increasing liberty and responsibility up to the age of majority. After eighteen, however, the presumption of adulthood remains strong. Today, a combination of psychological and social factors has extended the …
Beyond Bail, Jenny E. Carroll
Beyond Bail, Jenny E. Carroll
Articles
From the proliferation of community bail funds to the implementation of new risk assessment tools to the limitation and even eradication of monetary bail, reform movements have altered the landscape of pretrial detention. Yet, reform movements have paid little attention to the emerging reality of a post-monetary-bail world. With monetary bail an unavailable or disfavored option, courts have come to rely increasingly on nonmonetary conditions of release. These nonmonetary conditions can be problematic for many of the same reasons that monetary bail is problematic and can inject additional bias into the pretrial system.
In theory, nonmonetary conditions offer increased opportunities …
Third Parties With Benefits, Casey E. Faucon
Enduring Exclusion Colloquium: New Visions Of Civil Rights Lawyering, Daiquiri J. Steele
Enduring Exclusion Colloquium: New Visions Of Civil Rights Lawyering, Daiquiri J. Steele
Articles
No abstract provided.
If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll
If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll
Articles
No abstract provided.
The Least Of These: The Case For Nationwide Injunctions In Immigration Cases As A Critical Democratic Institution, Allen Slater, Richard Delgado
The Least Of These: The Case For Nationwide Injunctions In Immigration Cases As A Critical Democratic Institution, Allen Slater, Richard Delgado
Articles
No abstract provided.