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Articles 1 - 30 of 30
Full-Text Articles in Law
Faces Of Open Courts And The Civil Right To Counsel, Steven D. Schwinn
Faces Of Open Courts And The Civil Right To Counsel, Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn
The Strange Politics Of Medicaid Expansion, 47 J. Marshall L. Rev. 947 (2014), Steven Schwinn
Steven D. Schwinn
This paper first outlines the Medicaid program, Medicaid expansion in the PPACA, and the Court’s ruling on Medicaid expansion in NFIB. It next explores the impacts of the opposition to Medicaid expansion. In particular, it details the substantial federal resources that opposing states will leave on the table, the health insurance coverage that states stand to deny to their poor citizens, and the constitutional law that opposing states left in NFIB.
Reply Brief Of Plaintiff-Appellant, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn
Reply Brief Of Plaintiff-Appellant, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Faces Of Open Courts And The Civil Right To Counsel, 37 U. Balt. L. Rev. 21 (2007), Steven D. Schwinn
Faces Of Open Courts And The Civil Right To Counsel, 37 U. Balt. L. Rev. 21 (2007), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Toward A More Expansive Welfare Devolution Debate, 9 Lewis & Clark L. Rev. 311 (2005), Steven D. Schwinn
Toward A More Expansive Welfare Devolution Debate, 9 Lewis & Clark L. Rev. 311 (2005), Steven D. Schwinn
Steven D. Schwinn
Leading up to and in the wake of national welfare reform, commentators, scholars, and advocates debated one of the key ingredients in the 1996 legislation: devolution of responsibility for the design and administration of welfare from the federal government to the states. Pro-devolutionists argued that devolution would create 50 state welfare experiments, would result in welfare programs tailored to the unique needs of individual states, and would lead to a race to the top in the quality of welfare programs. Anti-devolutionists argued that devolution would encourage states to compete to repel welfare recipients, to avoid becoming welfare magnets, and, ultimately, …
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn
The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn
Steven D. Schwinn
Federalism challenges to the Affordable Care Act ("ACA") are inspired by the relatively recent resurgence in federalism concerns in the Supreme Court's jurisprudence. Thus, ACA opponents seek to leverage the Court-created distinction between encouragement and compulsion (in opposition to Medicaid expansion), and the Court-created federalism concern when Congress regulates in a way that could destroy the distinction between what is national and what is local (in opposition to universal coverage). But outside the jurisprudence, the text and history of constitutional federalism tell another story. The text and history suggest that the Constitution created a powerful federal government, of the people …
Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn
Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Plaintiff's First Amended Complaint, Dus & Derrick, Inc. V. United States Secretary Of Agriculture, Docket No. 1:05-Cv-00346 (Court Of International Trade May 06, 2005), Steven D. Schwinn
Plaintiff's First Amended Complaint, Dus & Derrick, Inc. V. United States Secretary Of Agriculture, Docket No. 1:05-Cv-00346 (Court Of International Trade May 06, 2005), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan
Joint Submission To The U.N. Committee Against Torture Concerning The United States’ Mistreatment Of Immigrant Detainees In Violation Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Relation To The United States 5th Periodic Report On The Convention Against Torture (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Jennifer Chan
Steven D. Schwinn
This report relates to the mistreatment and abuse that adult immigrant detainees suffer in United States detention facilities. It is submitted in response to the United States’ periodic report relating to the Convention Against Torture (CAT) and specifically addresses the deplorable conditions of detention, the use of solitary confinement, the problem of sexual violence in detention and the lack of investigation of such acts, the refoulement of detainees who face risk of torture, the enforcement of the non-derogable prohibition of torture, and the prevention of cruel, inhuman or degrading treatment or punishment. This report discusses current practices of the U.S. …
Cholera As A Grave Violation Of The Right To Water In Haiti (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom
Cholera As A Grave Violation Of The Right To Water In Haiti (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom
Steven D. Schwinn
This report is submitted to the United Nation’s Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation concerning the United Nation’s responsibility in spreading cholera in Haiti as a violation of the right to water and sanitation. The submission discusses violations of the right to water, including the role of United Nations peacekeepers in introducing the virus to Haiti following the 2010 earthquake. The report addresses the United Nations’ unwillingness to accept responsibility for its role in the outbreak and its failure to establish redress mechanisms for victims affected by the cholera epidemic. It further discusses the …
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Sidestepping Lassiter On The Path To Civil Gideon: Civil Douglas, Steven D. Schwinn
Steven D. Schwinn
Civil Gideon advocates have at each turn faced the scourge of Lassiter v. Department of Social Services, which established (apparently out of whole cloth) a presumption that indigent litigants are entitled to appointed counsel only when physical liberty is at stake. This article proposes side-stepping that presumption by seeking a right to counsel on appeal via Douglas v. California, not a right to counsel at trial via Gideon v. Wainwright. Once established, a civil right to counsel on appeal would presage the inevitable downfall of Lassiter and the establishment of Civil Gideon. This article poses the argument in federal constitutional …
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn
Foreword: The Impact Of Citizens United, 44 J. Marshall L. Rev. Xxiii (2011), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Steven D. Schwinn
No abstract provided.
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Plaintiffs’ Comments On Defendant’S Remand Results And Motion For Second Remand, Former Employees Of Boeing Co. V. U.S. Sec'y Of Labor, Docket No. 1:13-Cv-00281-Gwc, 6 F.Supp.3d 1348 (United States Court Of International Trade 2014), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Michael A. Millemann, Steven D. Schwinn
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, Michael A. Millemann, Steven D. Schwinn
Steven D. Schwinn
In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses. They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …
Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America (2013), Sarah Dávila-Ruhaak, Steven D. Schwinn
Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America (2013), Sarah Dávila-Ruhaak, Steven D. Schwinn
Steven D. Schwinn
This report relates to the situation of immigrant detainees who are held in solitary confinement in detention facilities in the United States. It is submitted in response to the United States’ fourth periodic report and specifically addresses the widespread use of solitary confinement in immigrant detention as it violates immigrant detainees’ rights to due process and judicial remedies, violations of minimum standards of the right to humane treatment, and the right to personal liberty. The report discusses the policies and practices of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that support the use of …
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, 12 Clinical L. Rev. 441 (2006), Steven D. Schwinn, Michael Millemann
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, 12 Clinical L. Rev. 441 (2006), Steven D. Schwinn, Michael Millemann
Steven D. Schwinn
In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses. They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …
Plaintiff's First Amended Complaint, T.W.R., Inc. V. United States Secretary Of Agriculture, Docket No. 1:05-Cv-00356 (Court Of International Trade May 06, 2005), Steven D. Schwinn
Plaintiff's First Amended Complaint, T.W.R., Inc. V. United States Secretary Of Agriculture, Docket No. 1:05-Cv-00356 (Court Of International Trade May 06, 2005), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Developmental Learning Theory And The American Law School Curriculum, 3 J. Marshall (Atlanta) L.J. 33 (2009), Steven D. Schwinn
Developmental Learning Theory And The American Law School Curriculum, 3 J. Marshall (Atlanta) L.J. 33 (2009), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Brief Of Constitutional Law Scholars And Practitioners As Amici Curiae In Support Of Plaintiffs-Appellants And Supporting Reversal,Georges V. United Nations, Docket No. 15-00455 (Second Circuit 2015), Steven D. Schwinn
Steven D. Schwinn
Prospective amici curiae are scholars and practitioners of United States Constitutional law. Together, Amici have substantial experience researching, publishing, teaching, and litigating in the field of Constitutional law, particularly on the constitutional right of access to the courts. Amici have a strong interest in ensuring that immunity does not infringe on individual constitutional rights, specifically the fundamental right of access to the courts. They submit their brief in support of Plaintiffs-Appellants’ position that immunity should not be accorded to the Defendants-Appellees in this case, where doing so would unconstitutionally impinge on Plaintiffs-Appellants’ fundamental right of access to the courts.
Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn
Welfare Reform In A Global Economy, 11 J. Gender Race & Just. 209 (2008), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn
The State Secrets Privilege In The Post-9/11 Era, Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
The Right To Counsel On Appeal: Civil Douglas, 15 Temp. Pol. & Civ. Rts. L. Rev. 603 (2006), Steven D. Schwinn
The Right To Counsel On Appeal: Civil Douglas, 15 Temp. Pol. & Civ. Rts. L. Rev. 603 (2006), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn
Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Appellant's Response To The Court's Invitation To Address Any Empirical Analysies Of Jury Polls, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Toward A More Expansive Welfare Devolution Debate, Steven Schwinn
Toward A More Expansive Welfare Devolution Debate, Steven Schwinn
Steven D. Schwinn
Leading up to and in the wake of national welfare reform, commentators, scholars, and advocates debated one of the key ingredients in the 1996 legislation: devolution of responsibility for the design and administration of welfare from the federal government to the states. Pro-devolutionists argued that devolution would create 50 state welfare experiments, would result in welfare programs tailored to the unique needs of individual states, and would lead to a race to the top in the quality of welfare programs. Anti-devolutionists argued that devolution would encourage states to compete to repel welfare recipients, to avoid becoming welfare magnets, and, ultimately, …
Filed Response By Appellant Glenn Verser Attorney Steven D. Schwinn To Defendants-Appellees' Submission Of Supplemental Authority, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.
Brief And Required Short Appendix Of Plaintiff-Appellant, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn
Brief And Required Short Appendix Of Plaintiff-Appellant, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn
Steven D. Schwinn
No abstract provided.