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Articles 1 - 30 of 15454
Full-Text Articles in Law
Federal Powers In A Pandemic, Julia Whitehead, Braden Leach
Federal Powers In A Pandemic, Julia Whitehead, Braden Leach
Georgia State University Law Review
This Article examines how the young federal government responded to infectious diseases to ascertain the limits of federal powers and analyzes how federal powers were used in response to the COVID-19 pandemic.
The Invisibility Of The American Emigrant, Laura Snyder
The Invisibility Of The American Emigrant, Laura Snyder
DePaul Journal for Social Justice
No abstract provided.
"I Can't Breath": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling
"I Can't Breath": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling
DePaul Journal for Social Justice
No abstract provided.
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell
DePaul Journal for Social Justice
No abstract provided.
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder
DePaul Journal for Social Justice
No abstract provided.
Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins
Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents, Mecca Wilkinson
Table Of Contents, Mecca Wilkinson
DePaul Journal for Social Justice
No abstract provided.
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder
University of Cincinnati Law Review
No abstract provided.
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
University of Cincinnati Law Review
No abstract provided.
From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin
From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin
Fordham Law Review
The Voting Rights Act of 1965 (“the Voting Rights Act”) is one of the primary vehicles by which plaintiffs receive injunctive relief ahead of elections. More specifically, § 2 of the Voting Rights Act allows plaintiffs to challenge gerrymandered maps before they are used in contentious elections. However, Justice Kavanaugh’s reframing of the Purcell doctrine in Merrill v. Milligan weakened § 2’s ability to interrupt the use of these maps. This Note discusses how Justice Kavanaugh’s interpretation of the Purcell doctrine recenters the doctrine on bureaucratic inconvenience rather than voter enfranchisement, restricting voters’ access to relief prior to elections. Furthermore, …
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford
Journal of Legislation
Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.
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.
The Submerged Administrative State, Gabriel Scheffler, Daniel E. Walters
The Submerged Administrative State, Gabriel Scheffler, Daniel E. Walters
Faculty Scholarship
The United States government is experiencing a reputation crisis: after decades of declining public trust, many Americans have lost confidence in the government’s capacity to perform its basic functions. While various explanations have been offered for this worrying trend, these existing accounts overlook a key factor: people are unfamiliar with the institutions that actually do most of the governing—administrative agencies—and they devalue what they cannot easily observe. The “submerged” nature of the administrative state is, we argue, a central reason for declining trust in government.
This Article shows that the administrative state is systematically submerged in two ways. First, administrative …
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino
Journal of Legislation
This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …
The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, Rachel F. Moran
The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, Rachel F. Moran
Faculty Scholarship
In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age citizens. When total population was used to draw district lines, the plaintiffs had to compete with more voters to get their desired electoral outcomes than was true for voters in districts with low proportions of voting-age citizens. The Court rejected the argument, finding that states enjoy …
Cover Page, Masthead, And Table Of Contents
Cover Page, Masthead, And Table Of Contents
Journal of Legislation
No abstract provided.
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Journal of Legislation
This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.
Volume 50, Issue Ii - Full Combined Issue
Volume 50, Issue Ii - Full Combined Issue
Journal of Legislation
No abstract provided.
How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling, Cason Shipp
St. Mary's Law Journal
No abstract provided.
The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand
The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Enhancing Public Access To Agency Law, Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka, Orly Lobel
Enhancing Public Access To Agency Law, Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka, Orly Lobel
Articles
A just, democratic society governed by the rule of law requires that the law be available, not hidden. This principle extends to legal materials produced by administrative agencies, all of which should be made widely accessible to the public. Federal agencies in the United States do disclose online many legal documents—sometimes voluntarily, sometimes in compliance with statutory requirements. But the scope and consistency of these disclosures leaves considerable room for improvement. After conducting a year-long study for the Administrative Conference of the United States, we identified seventeen possible statutory amendments that would improve proactive online disclosure of agency legal materials. …
Rethinking Legislative Facts, Haley N. Proctor
Rethinking Legislative Facts, Haley N. Proctor
Notre Dame Law Review
As the factual nature of legal inquiry has become increasingly apparent over the past century, courts and commentators have fallen into the habit of labeling the facts behind the law “legislative facts.” Loosely, legislative facts are general facts courts rely upon to formulate law or policy, but that definition is as contested as it is vague. Most agree that legislative facts exist in some form or another, but few agree on what that form is, on who should find them, and how. This Article seeks to account for and resolve that confusion. Theories of legislative fact focus on the role …
Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie
Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie
Class, Race and Corporate Power
A relationship of social and legal significance seems to exist between the prohibition of expressions or manifestations of racism and the society’s preservation of racial diversity. To discourage racial prejudice and thereby protect each race, the state must manage its diversity well by legislating against racist hate offences. In Scotland, for example, the government boldly accepted that hate crimes, including racially motivated offences, are a serious problem requiring closer attention. Through its Hate Crime and Public Order (Scotland) Act 2021, the state resolves to tackle related criminality.
Focusing on the Act, this review examines whether or how race within the …
The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba
The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba
Northwestern University Law Review
Whistleblowers and leakers wield significant influence in technology law and policy. On topics ranging from cybersecurity to free speech, tech whistleblowers spur congressional hearings, motivate the introduction of legislation, and animate critical press coverage of tech firms. But while scholars and policymakers have long called for transparency and accountability in the tech sector, they have overlooked the significance of individual disclosures by industry insiders—workers, employees, and volunteers—who leak information that firms would prefer to keep private.
This Article offers an account of the rise and influence of tech whistleblowing. Radical information asymmetries pervade tech law and policy. Firms exercise near-complete …
Profiling Cybercriminals: Behavioral Analysis And Motivations Behind Cybercrime Activities, A'Shya Latrice Reynolds
Profiling Cybercriminals: Behavioral Analysis And Motivations Behind Cybercrime Activities, A'Shya Latrice Reynolds
Cybersecurity Undergraduate Research Showcase
The study of cybercriminal behavior and motivations is crucial for understanding and combating the evolving landscape of digital crime. This paper delves into the intricate realm of cybercrime profiling, employing a multidisciplinary approach to dissect the behavioral patterns and underlying motivations of cybercriminals. Drawing from psychology, sociology, and criminology, the research examines the intricate interplay of individual traits, social dynamics, and technological factors that shape cybercriminal activities.
Through analysis of case studies and research, this paper uncovers the diverse range of motivations driving individuals towards engaging in cybercrime. From financial gain and ideological extremism to thrill-seeking and revenge, cybercriminals exhibit …
The Twenty-First Century Death Penalty And Paths Forward, Jeffrey Omar Usman
The Twenty-First Century Death Penalty And Paths Forward, Jeffrey Omar Usman
Mississippi College Law Review
Today, states are moving closer to another moment of critical decision-making in charting the course of the death penalty in the United States. Unlike the sudden and dramatic immediacy of Furman, however, this moment is arriving through a slower and quieter progression, or perhaps more accurately a deceleration. While not abolished, in many states application of the death penalty is grinding or has ground to a halt. If the status quo holds, the vast majority of defendants who are sentenced to death by the states will instead live out their natural lives in prison for decades dying of old age …
Why Mississippi Should Reform Its Penal Code, Judith J. Johnson
Why Mississippi Should Reform Its Penal Code, Judith J. Johnson
Mississippi College Law Review
The Mississippi Penal Code was determined at the turn of this century to be the fifty-second-worst penal code in the United States. As much as Mississippi is often used to being - and is even proudly defiant for being - ranked low on national scales, this is an issue about which we should be deeply concerned. A well-drafted penal code is crucial because it is at the core of the primary value of justice. While we are experienced with being ranked last in many situations, often unfairly, the criticism of the Mississippi Penal Code is accurate. Although many of the …
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, Lindsay Krout Roberts
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, Lindsay Krout Roberts
Mississippi College Law Review
The United States Supreme Court's revolutionary ruling in Obergefell v. Hodges, which guaranteed marriage equality for homosexual couples in every state, gave life to a new challenge in the area of free exercise of religion: to what extent should persons with religious objections to same-sex marriages be forced to participate in them? Should a Christian baker be legally required to bake a wedding cake for a homosexual marriage to which he or she objects? Must a county clerk with religious objections to homosexual marriage sign a marriage license for a same-sex couple?
In an attempt to pre-empt these types of …
Clear As Mud: The Confused State Of Mississippi's State Firearm Carry Laws, Garrett Anderson
Clear As Mud: The Confused State Of Mississippi's State Firearm Carry Laws, Garrett Anderson
Mississippi College Law Review
Few debates in America are more divisive than the debate over gun control. In the wake of large-scale shootings and heightened awareness of gun violence across the nation, discussions inevitably take place over viable solutions. Some propose more comprehensive, restrictive gun ownership legislation that would limit citizens' ability to carry firearms, while others believe the solution lies in relaxing existing regulations to allow armed citizens to intervene when necessary. While these two camps often find little middle ground in the gun debate, each would likely agree on one thing: a need for clarity and greater effectiveness of current laws. This …
Legislating Courts, Michael C. Pollack