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Articles 1 - 30 of 1588
Full-Text Articles in Entire DC Network
Ask The Professor: How Has The Recent U.S. Supreme Court Opinion In Murray V. Ubs Securities Provided Much Needed Protection To Whistleblowers?, Ronald Filler
Articles & Chapters
No abstract provided.
A New Hope: Perez V. Sturgis Public Schools Opens The Doors To Children With Disabilities, Richard D. Marsico
A New Hope: Perez V. Sturgis Public Schools Opens The Doors To Children With Disabilities, Richard D. Marsico
Articles & Chapters
In Perez v. Sturgis Public Schools, the United States Supreme Court ruled that parents of children with disabilities who allege that their child’s school discriminated against them because of their disabilities can seek compensatory monetary damages pursuant to federal laws that prohibit such discrimination without exhausting the administrative process of the Individuals with Disabilities Education Act. This seemingly innocuous decision, based on two obscure procedural provisions of the IDEA, overturned decades of circuit court decisions that ruled otherwise.
Perez has already had a profound effect, opening the courthouse doors for children with disabilities. In all twenty-five post-Perez decisions in which …
Federal Judge Denies Preliminary Injunction Against Idaho’S Bathroom Law, But Refuses To Dismiss Challenge, Arthur S. Leonard
Federal Judge Denies Preliminary Injunction Against Idaho’S Bathroom Law, But Refuses To Dismiss Challenge, Arthur S. Leonard
Articles & Chapters
No abstract provided.
Ask The Professor—What Will Be The Impact Of The Recent Fifth Circuit Decision In Clarke V. Cftc On Future Cftc No-Action Letters?, Ronald Filler
Ask The Professor—What Will Be The Impact Of The Recent Fifth Circuit Decision In Clarke V. Cftc On Future Cftc No-Action Letters?, Ronald Filler
Articles & Chapters
No abstract provided.
A Fiduciary Theory Of Progressive Prosecution, Bruce Green, Rebecca Roiphe
A Fiduciary Theory Of Progressive Prosecution, Bruce Green, Rebecca Roiphe
Articles & Chapters
Progressive prosecutors differ from their more traditional counterparts primarily in the way in which they make decisions. They tend to bind their discretion by announcing categorical policies rather than making fact-based decisions case by case. This article catalogs the unusual degree of pushback progressive prosecutors have encountered from the public, legislatures, courts, police, and their own subordinate prosecutors. Drawing on fiduciary theory, it explains this reaction as a response to progressive prosecutors’ abdication of their fiduciary role. As a public fiduciary, prosecutors are entrusted with protecting the public’s abstract interest in justice, and an integral part of this role is …
Preface: New Directions In Prosecutorial Reform, Miriam Aroni Krinsky, Justin Murray, Maybell Romero
Preface: New Directions In Prosecutorial Reform, Miriam Aroni Krinsky, Justin Murray, Maybell Romero
Articles & Chapters
This Preface, which introduces the American Criminal Law Review’s Symposium Issue on Reform-Minded Prosecution, begins by describing the power that prosecutors hold in the criminal legal system, which has historically gone unchecked and unquestioned. As mass incarceration, police violence, and wrong- ful convictions began to permeate the public consciousness, many communities focused their attention on the critical role of their local elected prosecutor and elected leaders who promised to do the job differently. Reform-minded prosecu- tors have enjoyed remarkable electoral successes over the past decade such that close to twenty percent of the U.S. population now resides in a jurisdiction …
Two Killings, One Common Problem: Deaths Of Homeless Men Jordan Neely And Charles Brito Shows They Were Failed, Anna G. Cominsky '05
Two Killings, One Common Problem: Deaths Of Homeless Men Jordan Neely And Charles Brito Shows They Were Failed, Anna G. Cominsky '05
Articles & Chapters
No abstract provided.
Mural Controversy, Richard H. Chused
A Singular Disclosure Requirement Is Necessary For Patent Law, Shahrokh Falati
A Singular Disclosure Requirement Is Necessary For Patent Law, Shahrokh Falati
Articles & Chapters
The Court of Appeals for the Federal Circuit’s recent jurisprudence on 35 U.S.C. § 112 has selectively and severely curtailed innovation in the fields of pharmaceuticals and biotechnology. Specifically, the Federal Circuit’s shifting position on 35 U.S.C. § 112 and their evolving jurisprudence to combine expanding the application and scope of the written description requirement with a separate, heightened standard for enabling claims directed to innovation in a genus of therapeutic antibodies, or a genus of compounds having functional limitations, has caused havoc in the biopharmaceutical industry. Federal Circuit jurisprudence on how to interpret the disclosure requirements of the 35 …
Spendthrift Provision Prevails Over Beneficiaries' Consents To Self-Dealing By A Beneficiary-Trustee, William P. Lapiana
Spendthrift Provision Prevails Over Beneficiaries' Consents To Self-Dealing By A Beneficiary-Trustee, William P. Lapiana
Articles & Chapters
No abstract provided.
Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
Articles & Chapters
Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome disorder (FASD) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. Nor has there been any literature about the interplay between FASD-related issues and the legal school of thought known as therapeutic jurisprudence.
In this article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts …
Alliance Defending Freedom Asks Scotus To Intervene In West Virginia Trans Sports Case, Arthur S. Leonard
Alliance Defending Freedom Asks Scotus To Intervene In West Virginia Trans Sports Case, Arthur S. Leonard
Articles & Chapters
No abstract provided.
New Fiduciary Decisions: Monthly Account Statements Are Sufficient To Begin Running Of Statute Of Limitations, William P. Lapiana
New Fiduciary Decisions: Monthly Account Statements Are Sufficient To Begin Running Of Statute Of Limitations, William P. Lapiana
Articles & Chapters
No abstract provided.
Quantum Copyright Law: Schrodinger's Cat, Banksy's Shredder, And Art On The Edge, Richard H. Chused
Quantum Copyright Law: Schrodinger's Cat, Banksy's Shredder, And Art On The Edge, Richard H. Chused
Articles & Chapters
An object has been assembled by artists I know that presents a fascinating set of conundrums about the relationships between quantum physics, shredders, random surprises, the value of art, and copyright law. Seems fantastical, right? And so it is. The object of concern is a metal box a little under four feet tall, about eighteen inches deep, and a bit less than three feet wide. The box is welded together along all twelve of its edges. It has an opening across one side. And there is a small control panel on top. Before the box was welded shut, a set …
The Justice Archive: Transitional Justice And Digital Memory, Iavor Rangelov, Ruti G. Teitel
The Justice Archive: Transitional Justice And Digital Memory, Iavor Rangelov, Ruti G. Teitel
Articles & Chapters
This article introduces the justice archive as a concept and set of practices emerging from recent developments in transitional justice, memory, and digital technology. Drawing on evidence from the Americas and the Balkans, it examines digital archiving and memory activism and considers the role of international law and regulation.
New Fiduciary Decisions: No-Contest Clauses And The Untimely Challenge, William P. Lapiana
New Fiduciary Decisions: No-Contest Clauses And The Untimely Challenge, William P. Lapiana
Articles & Chapters
No abstract provided.
Methodological Gerrymandering, David Simson
Methodological Gerrymandering, David Simson
Articles & Chapters
The U.S. Supreme Court has come to decide many of the most consequential and contentious aspects of social policy via its interpretations of the U.S. Constitution. Institutional features of the Court create significant pressure on the Justices to justify their decisions as applications of “law” rather than the practice of “politics.” Their perceived failure to do so calls forth criticism sounding in a variety of registers—ranging from allegations of a lack of neutrality, lack of impartiality, or lack of “principle,” to allegations of opportunism, disingenuousness, and hypocrisy. Analyzing the Justices’ choices in relation to interpretational “methodology”—choosing one lens through which …
In These Times Of Compassion When Conformity’S In Fashion: How Therapeutic Jurisprudence Can Root Out Bias, Limit Polarization And Support Vulnerable Persons In The Legal Process, Michael L. Perlin
Articles & Chapters
In this paper, I consider the extent to which caselaw has – either explicitly or implicitly – incorporated the precepts of therapeutic jurisprudence (TJ), a school of legal thought that focuses on the law’s influence on emotional life and psychological well-being, and that asks us to assess the actual impact of the law on people’s lives. Two of the core tenets of TJ in practice are commitments to dignity and to compassion. I conclude ultimately that, with these principles as touchstones, TJ can be an effective tool – perhaps the most effective tool - in rooting out bias, limiting polarization, …
Randomness, Ai Art, And Copyright, Richard H. Chused
Randomness, Ai Art, And Copyright, Richard H. Chused
Articles & Chapters
No abstract provided.
Depoliticizing Federal Prosecution, Bruce Green, Rebecca Roiphe
Depoliticizing Federal Prosecution, Bruce Green, Rebecca Roiphe
Articles & Chapters
There is broad agreement that federal prosecutors should not use their power to pursue partisan political objectives, but there is stark disagreement about how to prevent them from abusing their power in this way. Geoffrey Berman, a former United States Attorney for the Southern District of New York, recently argued that U.S. Attorneys should have complete autonomy and independence from the Attorney General and administration. Attorney General Bill Barr, in contrast, has insisted that Attorneys General should have full control over prosecutors so the administration can be held politically accountable. Neither view fully addresses the problem. Barr minimizes the significant …
Lawyer Training Shouldn't Be One Size Fits All, Heidi K. Brown
Lawyer Training Shouldn't Be One Size Fits All, Heidi K. Brown
Articles & Chapters
No abstract provided.
New Fiduciary Decisions: Attorney-In-Fact Must Be Expressly Authorized To Create A Trust, William P. Lapiana
New Fiduciary Decisions: Attorney-In-Fact Must Be Expressly Authorized To Create A Trust, William P. Lapiana
Articles & Chapters
No abstract provided.
Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews
Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews
Articles & Chapters
It is my purpose to ground this article in ubuntu and the politics of radical love as applied to the goals of #MeToo and its pursuit of redress for victims of sexual harms. Part II explores the convergences and divergences of #MeToo with feminist campaigns of an earlier era. Part III questions whether a renewed quest for gender equality, largely spawned by a Twitter/social media campaign, may lead to sustainable change built on notions of empathy and restorative justice, which influenced Tarana Burke when she founded #MeToo. Part IV examines restorative justice approaches in the South African Truth and Reconciliation …
Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray
Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray
Articles & Chapters
In recent years a small but influential group of locally elected prosecutors committed to criminal justice reform have openly refused to enforce various criminal laws—laws prohibiting marijuana possession, sentence enhancements, laws authorizing the death penalty, and much more—because they see those laws as unjust and incompatible with core reform objectives. Condemned by many on the political right for allegedly usurping the legislature’s lawmaking role and praised by many on the left for bypassing dysfunctional state legislatures in favor of local solutions, these prosecutorial nonenforcement policies are commonly said to have the same effect as nullifying, or even repealing, the laws …
Reconstructing The Ethics Code To Remedy The Failures Of Strickland V. Washington, Heather Ellis Cucolo
Reconstructing The Ethics Code To Remedy The Failures Of Strickland V. Washington, Heather Ellis Cucolo
Articles & Chapters
No abstract provided.
But I Ain’T A Judge: The Therapeutic Jurisprudence Implications Of The Use Of Nonjudicial Officers In Criminal Justice Cases, Michael L. Perlin
But I Ain’T A Judge: The Therapeutic Jurisprudence Implications Of The Use Of Nonjudicial Officers In Criminal Justice Cases, Michael L. Perlin
Articles & Chapters
The role of nonjudicial officers occupies a hidden space in the U.S. judicial system. Statutorily sanctioned in many jurisdictions, such officers have a wide range of duties and responsibilities, including hearing certain pretrial motions in criminal cases and making decisions as to conditions of probation for sex offenders. These latter officers are frequently not lawyers, and there is significant evidence that many of the basic rudiments of the criminal trial process are often not honored. There has been virtually no consideration of this phenomenon in the scholarly literature, and absolutely no consideration from the perspective of therapeutic jurisprudence (TJ). An …
Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin
Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin
Articles & Chapters
If a world is to be lived in, it must be founded. This foundational function belongs to the sovereign imagination. What a polity names as sovereign in the state of exception, when the sacred irrupts anew, is a matter of individual and collective responsibility. In this dispensation, law, politics, and religion become inescapably entangled in metaphysics. It behooves us to understand the nature and consequences of this state of affairs.
The Distant Ships Of Liberty: Why Criminology Needs To Take Seriously International Human Rights Laws That Apply To Persons With Disabilities, Michael L. Perlin, Alison Lynch, Kelly Frailing, Ashley Juneau
The Distant Ships Of Liberty: Why Criminology Needs To Take Seriously International Human Rights Laws That Apply To Persons With Disabilities, Michael L. Perlin, Alison Lynch, Kelly Frailing, Ashley Juneau
Articles & Chapters
Persons institutionalized in forensic psychiatric facilities have been hidden from the public view for decades – physically, socially, and legally. The forensic population also faces multiple forms of discrimination, both for their criminal history and mental illness. This reality must be radically reconsidered in light of the ratification of the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD), the first legally binding instrument devoted to the comprehensive protection of the rights of persons with disabilities. There has been, however, virtually no attention paid by criminologists to the potential impact of this Convention on forensic populations. In this …
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Articles & Chapters
Civil rights legal scholars and practitioners have lamented the constraints of the largely intent-based legal framework required to challenge racial discrimination and injustice. As a result, they have sought alternative methods that seemingly require less overt proof of discrimination and are more equipped to address structural harm. One of these proposed solutions involves the use of the Americans with Disabilities Act (ADA)—due to its affirmative mandate to address discrimination by reasonable modification or accommodation—and the framing of issues of racial injustice in terms of disability or the deprivation of medical rights. Environmental justice, an area in which issues of both …
Killing Rarity, Shahrokh Falati
Killing Rarity, Shahrokh Falati
Articles & Chapters
On May 22, 2019, Botswana decided after many years to lift its ban on hunting elephants and in February 2020 held its first auctions for the right to hunt elephants. This turnaround change in their law coincides with a rapidly changing legal landscape in the United States related to the practice of trophy hunting of rare, intelligent animals, including elephants. This Article analyzes the fluid legal landscape surrounding this uncommon form of hunting of rare animals and possible ways of using the Administrative Procedures Act and the Federal Advisory Committee Act as a means of challenging the government’s rapidly changing …