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Articles 421 - 450 of 15332
Full-Text Articles in Law
A Constitutional Right To Early Voting, David Schultz
A Constitutional Right To Early Voting, David Schultz
Fordham Law Voting Rights and Democracy Forum
Voting is a cost-benefit decision. Individuals are more likely to vote if the benefits of doing so outweigh the disadvantages. With early voting laws eased due to the COVID-19 pandemic, the 2020 election demonstrated that turnout increases when elected officials reduce voting costs. Despite all the benefits of early voting, there is no constitutional right, and it remains a privilege that state legislatures can revoke at will.
Since the 2020 election, state legislatures have proposed—and enacted—hundreds of bills to change voting rules. But with the intense partisan disagreement over voting, coupled with political polarization reaching an apex, these acts restricting …
Moore V. Harper And The Consequential Effects Of The Independent State Legislature Theory, Chase Cooper
Moore V. Harper And The Consequential Effects Of The Independent State Legislature Theory, Chase Cooper
Fordham Law Voting Rights and Democracy Forum
In December 2022, the United States Supreme Court heard oral arguments in Moore v. Harper. The case addresses whether the North Carolina Supreme Court possesses the authority to strike down a redistricting map drawn by the state legislature. Petitioners contend that the state legislature has no such authority under the United States Constitution, citing a novel interpretation of the Elections Clause known as the “independent state legislature” (“ISL”) theory. The ISL theory is not a unified theory, but rather a constellation of related doctrinal positions that revolve around a core precept: ordinary governing principles by which state courts review …
Rucho In The States: Districting Cases And The Nature Of State Judicial Power, Chad M. Oldfather
Rucho In The States: Districting Cases And The Nature Of State Judicial Power, Chad M. Oldfather
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Overview Of Missouri Appellate Briefing Rules And The Case Of Hicks V. Northland-Smithville, Steve Lockwood
Overview Of Missouri Appellate Briefing Rules And The Case Of Hicks V. Northland-Smithville, Steve Lockwood
SLU Law Journal Online
Starting with the Missouri Supreme Court's 2022 opinion in Lexow v. Boeing Co., appellate courts have put renewed emphasis on the requirements of Rule 84.04. The recent opinion by the Western District Court of Appeals, Hicks v. Northland-Smithville, and several predecessor opinions to Hicks, are a lesson and reminder to practitioners to strictly adhere to the Missouri Rules of Appellate Procedure, specifically Rule 84.04. In this article, Steve Lockwood will discuss Hicks and the implications of the opinion.
Warren Circuit Court - Warren County, Kentucky (Sc 3682), Manuscripts & Folklife Archives
Warren Circuit Court - Warren County, Kentucky (Sc 3682), Manuscripts & Folklife Archives
Manuscript Collection Finding Aids
Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 3682. Images of two seals of the Warren County (Kentucky) Circuit Court, one affixed to documents dated 1825 and 1839, and the other to a document dated 1860, together with a letter from the Court Administrator with historical background. Also includes a paper by an unknown author describing the Warren County Court of Quarter Sessions and a few early indictments.
Brief Of Notre Dame Law School Religious Liberty Clinic As Amicus Curiae In Support Of Petitioner, John A. Meiser, Meredith Holland Kessler
Brief Of Notre Dame Law School Religious Liberty Clinic As Amicus Curiae In Support Of Petitioner, John A. Meiser, Meredith Holland Kessler
Court Briefs
No. 22-741
Faith Bible Chapel International v. Gregory Tucker
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit
From the Summary of Argument
The First Amendment demands that courts refrain from intruding into disputes over a religious organization’s selection of important leaders. The ministerial exception enforces that demand. And thus, nearly every court to consider the issue has agreed: the ministerial exception promises something akin to an immunity from suit, which must be resolved early in litigation to be effective.
Core And Periphery In Constitutional Law, R. George Wright
Core And Periphery In Constitutional Law, R. George Wright
William & Mary Law Review Online
This paper embarks on an excursion through a number of the most vital constitutional rights cases, and other contexts as well, and seeks to show that the recurring judicial attempts to distinguish between core and peripheral areas within any given broad constitutional right are unnecessary and distracting. Intriguingly, the case for this conclusion varies significantly depending upon the nature of the general constitutional right in question. But the overall lesson is that courts should abandon their attempts to distinguish between core and peripheral areas of any given broad constitutional right. Courts should instead focus—directly or indirectly—on their best assessment of …
Home Court Advantage? An Empirical Analysis Of Local Bias In U.S. District Court Diversity Jurisdiction Cases, Kyle C. Kopko, Christopher J. Devine
Home Court Advantage? An Empirical Analysis Of Local Bias In U.S. District Court Diversity Jurisdiction Cases, Kyle C. Kopko, Christopher J. Devine
West Virginia Law Review
In granting diversity of citizenship jurisdiction to the federal courts, there is an underlying assumption that federal courts will be less biased toward out-of-state litigants as compared with state courts. While this may be true, the assumption fails to consider an important empirical question: to what extent do federal courts favor home state litigants or disfavor out-of-state litigants when deciding diversity jurisdiction cases? Relying on the Integrated Database (IDB) compiled by the Federal Judicial Center and the Administrative Offices of the U.S. Courts, we present an original, empirical analysis of diversity jurisdiction case outcomes in the U.S. districts courts from …
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
University of Richmond Law Review
On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …
Resolving Regulatory Threats To Tenure, Joseph W. Yockey
Resolving Regulatory Threats To Tenure, Joseph W. Yockey
University of Richmond Law Review
Many lawmakers and public university governing boards are looking to curb faculty tenure. Driven by both ideological and economic motives, recent efforts range from eliminating tenure systems altogether to interfering when schools seek to tenure individual, often controversial scholars. These actions raise serious questions about higher education law and policy and have important implications for the future of academic freedom. Indeed, if they gain further traction, current regulatory threats to tenure will jeopardize the ability of American universities to remain at the forefront of global research and intellectual progress.
This Article examines the growing anti-tenure sentiment among state officials and …
Solving Slapp Slop, Nicole J. Ligon
Solving Slapp Slop, Nicole J. Ligon
University of Richmond Law Review
In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits, known as “strategic lawsuits against public participation” (“SLAPP”s), are brought not to compensate a wrongfully injured person, but rather to discourage the defendants from exercising their First Amendment rights. In other words, when well resourced individuals feel disrespected by public criticism, they sometimes sue the media or concerned citizens, forcing these speakers to defend themselves in exorbitantly expensive defamation actions. In states without anti-SLAPP statutes—statutes aimed at protecting speakers from …
What's Originalism After Transunion?: Picking An Originalist Approach That Gets Standing Back On Track, Julian Gregorio
What's Originalism After Transunion?: Picking An Originalist Approach That Gets Standing Back On Track, Julian Gregorio
Notre Dame Law Review Reflection
This Note argues that not only is standing fascinating and contested, but it is so important that the Court should reconsider standing doctrine in appropriate future cases. While the TransUnion case came and went without much kerfuffle outside of legal circles, standing does not find itself sailing smoothly. As noted, perhaps the Court’s most reliable originalist just dissented from a case that largely restates the current law on standing. And Justice Kagan, perhaps the Court’s most influential liberal, wrote that after TransUnion, standing jurisprudence “needs a rewrite.” Given the current makeup of the Court, any reconsideration of standing doctrine …
Memorizing Trade Secrets, Timothy E. Murphy
Memorizing Trade Secrets, Timothy E. Murphy
University of Richmond Law Review
The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information’s relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing …
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman
University of Richmond Law Review
Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …
Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters, Joseph K. Leahy
Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters, Joseph K. Leahy
University of Richmond Law Review
Recently, the Texas Supreme Court breathed new life into some ancient zombies—zombie precedents, that is!—which have long lurked in the shadows of the nation’s partnership formation caselaw. This Article tells the story of those undead cases—describing them, debunking them, and plotting their demise.
This zombie tale begins with the supposed black-letter law of partnership formation. In nearly every state, formation of a general partnership is governed by one of two uniform partnership acts. Under both acts, a business relationship ripens into a partnership whenever the statutory definition of partnership is satisfied. The parties’ intent to become “partners” (or not) is …
The Legal Ethics Of Family Separation, Milan Markovic
The Legal Ethics Of Family Separation, Milan Markovic
University of Richmond Law Review
On April 6, 2018, the Trump administration announced a “zero tolerance” policy for individuals who crossed the U.S. border illegally. As part of this policy, the administration prosecuted parents with minor children for unlawful entry; previous administrations generally placed families in civil removal proceedings. Since U.S. law does not allow children to be held in immigration detention facilities pending their parents’ prosecution, the new policy caused thousands of children to be separated from their parents. Hundreds of families have yet to be reunited.
Despite a consensus that the family separation policy was cruel and ineffective, there has been minimal focus …
Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel
Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel
University of Richmond Law Review
Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones.
To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people …
Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett
Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett
University of Richmond Law Review
Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which agency should regulate cryptocurrencies. Both agencies have pursued numerous enforcement actions over the cryptocurrencies they believe to be within their jurisdiction. This turf war has many moving components, but the focus always comes back to one question: which cryptocurrencies are commodities, and which cryptocurrencies are securities? The distinction is important because the CFTC has statutory authority to regulate commodities, whereas the SEC has statutory authority to regulate securities. This Comment rejects the pursuit …
Conditional Purging Of Wills, Mark Glover
Conditional Purging Of Wills, Mark Glover
University of Richmond Law Review
The laws of most states unconditionally purge a testamentary gift to an individual who serves as an attesting witness to the will. Under this approach, the will is valid despite the presence of an interested witness, but the witness forfeits all, some, or none of her gift, depending on the particularities of state law. While the outcome of the interested witness’s gift varies amongst the states that adhere to this majority approach, the determination of what the interested witnesses can retain is the same. The only consideration is whether the beneficiary is also a witness; whether her gift is purged …
Law School News: A Voice For Justice 3-1-2023, Janine L. Weisman, Roger Williams University School O Law
Law School News: A Voice For Justice 3-1-2023, Janine L. Weisman, Roger Williams University School O Law
Life of the Law School (1993- )
No abstract provided.
Fugitive Pull: Applying The Fugitive Disentitlement Doctrine To Foreign Defendants, Zachary Z. Schroeder
Fugitive Pull: Applying The Fugitive Disentitlement Doctrine To Foreign Defendants, Zachary Z. Schroeder
Washington Law Review
Defendants force courts to decide whether to use judicial time and resources to hear a case when they either flee or refuse to submit to jurisdiction. Judges in the United States possess an exceptional discretionary power to deny access to the courts in these circumstances through the fugitive disentitlement doctrine. The fugitive disentitlement doctrine developed as federal common law and permits courts to exercise discretion in declining to hear appeals or motions from defendants classified as fugitives from justice.
Historically, the fugitive disentitlement doctrine was intended to prevent courts from wasting resources adjudicating cases when a defendant has fled and …
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Research Collection Yong Pung How School Of Law
The new Rules of Court 2021 seek to provide a more accessible and efficient justice system. The extensiveness of the overhaul, however, brings with it as much unfamiliarity as excitement. This legislation comment examines the changes in the provisions governing service out of jurisdiction and argues that the textual changes also effect substantive changes to how the law is applied. This comment also explores the related issues on the grant of Mareva injunctions in aid of foreign proceedings under the new Rules of Court 2021.
Brief Of Religious Liberty Scholars And Employment Law Scholars As Amici Curiae In Support Of Petitioner, Douglas Laycock, John A. Meiser, Richard W. Garnett
Brief Of Religious Liberty Scholars And Employment Law Scholars As Amici Curiae In Support Of Petitioner, Douglas Laycock, John A. Meiser, Richard W. Garnett
Court Briefs
No. 22-174
Gerald E. Groff v. Louis DeJoy
On Writ of Certiorari to the U.S. Court of Appeals for the Third Circuit
From the Summary of Argument
This case demonstrates an error that has undermined protection for religious workers across the country, in defiance of clear statutory text and underlying principles of religious liberty.
Hard Truths: Cracking Open The Case Of Whether Hard Seltzer Is Beer, Scott Fraser
Hard Truths: Cracking Open The Case Of Whether Hard Seltzer Is Beer, Scott Fraser
University of Miami Law Review
Following the line of cases asking questions such as what is a chicken, and is a burrito a sandwich, comes the next deep legal issue, what is beer? How do we determine this seemingly simple question? Do we simply know it when we see (or taste) it? Does it require a mix of specific ingredients or certain processes? Or, if we should rely on definitions, do we look to the dictionary, history, or statutes? In a dispute in the United States District Court for the Southern District of New York, the court is asked to resolve this question. Courts have …
Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?, Aldo Chircop
Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?, Aldo Chircop
Dalhousie Law Journal
Maritime jurisdiction in Canada has to contend with the division of powers between the federal and provincial levels. At times, this fact has challenged Canadian courts in explaining what should be the interface between federal and provincial law in dual aspect cases and in determining the applicable law or finding complementary applications of federal and provincial law. This essay reflects on the evolution of maritime law jurisdiction in Canada since the establishment of the Federal Court of Canada in 1971. It discusses the imperative of stability and reality of change in maritime law jurisdiction since then with a focus on …
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
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.
The Politics Of The Criminal Enforcement Of The U.S. Clean Water Act, 1983-2021, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle Mcgurrin
The Politics Of The Criminal Enforcement Of The U.S. Clean Water Act, 1983-2021, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle Mcgurrin
Villanova Environmental Law Journal
No abstract provided.
Legitimacy And Online Proceedings: Procedural Justice, Access To Justice, And The Role Of Income, Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Legitimacy And Online Proceedings: Procedural Justice, Access To Justice, And The Role Of Income, Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Law & Economics Working Papers
Courts have long struggled to bridge the access-to-justice gap associated with in-person hearings, which makes the recent adoption of online legal proceedings potentially beneficial. Online proceedings hold promise for better access: they occur remotely, can proceed asynchronously, and often rely solely on written communication. Yet these very qualities may also undermine some of the well-established elements of procedural-justice perceptions, a primary predictor of how people view the legal system’s legitimacy. This paper examines the implications of shifting legal proceedings online for both procedural-justice and access-to-justice perceptions. It also investigates the relationship of both types of perceptions with system legitimacy, as …