Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

PDF

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type

Articles 8851 - 8880 of 545827

Full-Text Articles in Law

Why I Am No Longer A Jew, Bruce Ledewitz Feb 2023

Why I Am No Longer A Jew, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Go to article

Surveillance, State Secrets, And The Future Of Constitutional Rights, Laura K. Donohue Feb 2023

Surveillance, State Secrets, And The Future Of Constitutional Rights, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The Supreme Court’s 2022 decision in Federal Bureau of Investigation v. Fazaga heralds a worrying trend. Over the past 15 years, as more information about how the government wields its foreign intelligence collection authorities on U.S. soil has become available, it has become clear that the government has repeatedly acted outside its constitutional and statutory limits, and at times, in flagrant disregard for judicial orders. As a result, dozens of cases challenging surveillance have been making their way through the courts. Unlike in prior eras, in certain cases it has become easier for litigants to establish an injury-in-fact in light …

Go to article

Table Of Contents And Masthead, Maribeth Beyer Feb 2023

Table Of Contents And Masthead, Maribeth Beyer

Pepperdine Law Review

No abstract provided.

Go to article

Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk Feb 2023

Rounding Up The Three-Fifths Clause: Eradicating Prison Gerrymandering In The South, Abigail N. Falk

Pepperdine Law Review

This Comment examines the phenomenon of prison gerrymandering, a practice that involves counting prisoners as residents of the counties where their state correctional facilities are located—rather than in their home communities—for redistricting and representational purposes. This practice of counting inflates the voting power of rural, white districts with large prison complexes and diminishes the voting power of minority communities. Prison gerrymandering has become especially pervasive across southern states while many of the South’s northern counterparts have eradicated this practice through legislative reform. This Comment proposes a solution to stop prison gerrymandering in the South, arguing a strategy to produce a …

Go to article

Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong Feb 2023

Freezing Innovation: How The Platform Competition And Opportunity Act Will Freeze Funds In The Tech Start-Up Market, Brandon Wong

Pepperdine Law Review

The rise of technological giants like Amazon, Apple, Google, and Facebook motivated the House Judiciary Committee to pass a slew of new antitrust legislation bills to curb these companies’ considerable market power. The Platform Competition and Opportunity Act proposes to significantly cut a dominant online platform’s ability to continue growing by deeming certain acquisitions presumptively unlawful. The Act shifts the burden to the acquiring company to prove the proposed transaction would not be anticompetitive by eliminating a potential competitor. In an effort to protect competition, the Act has good intentions to protect start-up companies that are fearful of being acquired …

Go to article

Legislating Childhood Independence, David Pimentel Feb 2023

Legislating Childhood Independence, David Pimentel

Pepperdine Law Review

The legal system has been drawn into the ongoing debate about what constitutes responsible parenting in a world increasingly obsessed with child safety. While statistics show that children are dramatically safer today than ever before, media and popular paranoia about child safety are prompting parents to err on the side of overprotection. Vague statutes exacerbate the problem, enabling law enforcement and child protection authorities to condemn parental choices that fail to adhere to the new hyper-protective orthodoxy. Parents and children are both victimized by this trend. The costs and burdens of parenting have skyrocketed, and children are denied the opportunity …

Go to article

Adoption Ouroboros: Repeating The Cycle Of Adoption As Rescue, Malinda L. Seymore Feb 2023

Adoption Ouroboros: Repeating The Cycle Of Adoption As Rescue, Malinda L. Seymore

Pepperdine Law Review

Ouroboros—the circular symbol of the snake eating its tail; an endless cycle. As the U.S. recently withdrew from Afghanistan in chaos and Russia invaded Ukraine, the attention of Americans turned, as it frequently has in times of international conflict, to the plight of children in need of rescue. For many Americans, rescue is synonymous with adoption. The history of international adoption began with rescues following America’s wars in Europe and Asia and continues today through other violent upheavals. International adoption is an ouroboros, repeating the pattern of adoption as a response to humanitarian crises. But as human and charitable as …

Go to article

The Legal Contribution To Democratic Disaffection, Brian Christopher Jones Feb 2023

The Legal Contribution To Democratic Disaffection, Brian Christopher Jones

Arkansas Law Review

This Article proceeds in three main parts. Part II describes the origins and definitions of democratic disaffection and questions why the law may have been marginalized when studying the phenomenon. Part III explores the different possible relationships between law, politics, and democratic disaffection by looking at both how courts may contribute to but also counter disaffection. Part IV articulates some of the democratic distancing measures the law has engaged in over the past few decades and questions whether such distancing may be stopped. The Article concludes by suggesting that law should acknowledge and accept its impact on democratic disaffection, and …

Go to article

When Taint Teams Go Awry: Laundering Unconstitutional Violations Of The Fourth Amendment, Edward S. Adams, William C. Price Jr. Feb 2023

When Taint Teams Go Awry: Laundering Unconstitutional Violations Of The Fourth Amendment, Edward S. Adams, William C. Price Jr.

Arkansas Law Review

In this Article, we examine the legal landscape in which taint teams operate, why taint teams are constitutionally problematic, and propose a solution to protect the attorney-client privilege. In Part I, we will first describe what taint teams are supposed to protect—attorney-client privilege. Next, we review how a taint team gets its documents to review, namely the doctrine surrounding (secret) search warrants. Part I ends with a non exhaustive summary of remedies available when attorney-client privilege is violated during searches. In Part II, we explain the current policies and practices surrounding taint teams, including sources of procedure for taint teams …

Go to article

Losing The Veepstakes: How The Contemporary Vice Presidencies Of Mike Pence And Kamala Harris Renew The Case For Vice-Presidential Independence, Jace Motley Feb 2023

Losing The Veepstakes: How The Contemporary Vice Presidencies Of Mike Pence And Kamala Harris Renew The Case For Vice-Presidential Independence, Jace Motley

Arkansas Law Review

The concept of an independent American vice presidency is nothing new, and historians and scholars have wrestled with the idea at length. In fact, one of the central debates around the adoption of the Twelfth Amendment—the constitutional amendment that requires separate electoral votes for President and Vice President—was the degree of political independence that the Constitution should afford the vice presidency. Over the past two centuries, multiple attempts have been made to address the office’s shortcomings, as evidenced by the fact that nearly twenty-three percent of the post-Bill of Rights amendments to the Constitution have either directly or indirectly implicated …

Go to article

Sentenced To Prison, Not To Death: Home Confinement During The Pandemic And Moving Beyond Covid-19, Sydney Mcconnell Feb 2023

Sentenced To Prison, Not To Death: Home Confinement During The Pandemic And Moving Beyond Covid-19, Sydney Mcconnell

Arkansas Law Review

A prison sentence should “not include incurring a great and unforeseen risk of severe illness or death.” But for the 2.3 million people housed in our nation’s prisons and jails during the COVID-19 (“COVID”) pandemic, their sentences have included just that. Since the beginning of the pandemic, the Bureau of Prisons has transferred approximately 49,068 inmates to home confinement. The decision to expand home confinement is an important one. It is a step in the right direction to address another broader, and distinctly American, issue: mass incarceration. Lawmakers on both sides of the political aisle have reached the consensus “that …

Go to article

Justice For Dogs, Alexander J. Lindvall Feb 2023

Justice For Dogs, Alexander J. Lindvall

Arkansas Law Review

This Essay summarizes the Fourth Amendment’s protection of dogs. The Fourth Amendment protects people from unreasonable seizures. And nearly every circuit has held that it is unreasonable (and therefore unconstitutional) for an officer to shoot (seize) a dog without a very good reason. Killing a nonthreatening family pet is one of the most egregious forms of police misconduct. The courts rightfully recognize that the unjustified harming of a dog violates the Fourth Amendment.

Go to article

Hitting The Wall: The Next Step In Addressing The Pink Tax, Danielle A. Essary Feb 2023

Hitting The Wall: The Next Step In Addressing The Pink Tax, Danielle A. Essary

Arkansas Law Review

For thirty-some-odd years, scholars and consumer advocates have called for the elimination of gender-based price discrimination, also known as the “Pink Tax.” Efforts to address this issue have included studies demonstrating the phenomenon’s existence, social movements incited to garner public support for the cause, consumer attempts to bring the issue before courts in hopes of judicial intervention, and legislative undertakings at both the state and federal level to craft legislation prohibiting the practice. Yet, gender-based price discrimination has proven evasive of regulation, outside the scope of judicial reach, and difficult to isolate in terms of hard proof. Even agreeing on …

Go to article

Recent Developments, Houston Downes Feb 2023

Recent Developments, Houston Downes

Arkansas Law Review

Recent Developments in Arkansas Law

Go to article

No Deals In The Pipeline: The Use Of Precedent Agreements To Demonstrate Demand For New Natural Gas Infrastructure After Environmental Defense Fund V. Federal Energy Regulatory Commission, Caroline Keefe Feb 2023

No Deals In The Pipeline: The Use Of Precedent Agreements To Demonstrate Demand For New Natural Gas Infrastructure After Environmental Defense Fund V. Federal Energy Regulatory Commission, Caroline Keefe

Villanova Law Review

No abstract provided.

Go to article

Appeal No. 1022: Peter J. & Beth B. Dewitt V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1022: Peter J. & Beth B. Dewitt V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-285; Oliver CR Mon North Unit (EAP Ohio, LLC)

Go to article

Appeal No. 1014: Miley Gas Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1014: Miley Gas Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-156 (Plug Order, Bond/Weirton Steel 12 Well)

Go to article

Freedom Of Expression And The Charter: 1982-2022, Jamie Cameron Feb 2023

Freedom Of Expression And The Charter: 1982-2022, Jamie Cameron

Commissioned Reports, Studies and Public Policy Documents

In 2022, on the 40th anniversary of the Canadian Charter of Rights and Freedoms, I wrote a 5-part blog series that reviewed the Supreme Court of Canada’s s.2(b) jurisprudence. These blogs were published by the Centre for Free Expression (CFE) at Toronto Metropolitan University (TMU), and can be found on the CFE website (See author page: https://cfe.torontomu.ca/blog?issues=All&authors=117). The five blogs, which are consolidated here, begin with a comment on the Court’s 2021 landmark decisions in City of Toronto v. Ontario and Ward v. Quebec. The second blog shifts, providing a quantitative and qualitative survey of the …

Go to article

Appeal No. 1004: Eric Petroleum Corporation, Et Al. V. Division Of Oil & Gas Resources Management And Eap Ohio, Llc, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1004: Eric Petroleum Corporation, Et Al. V. Division Of Oil & Gas Resources Management And Eap Ohio, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-173 Dawson South Unit (EAP Ohio LLC)

Go to article

Appeal No. 1013: Victor Mckenzie Drilling, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1013: Victor Mckenzie Drilling, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-72

Go to article

Michael Uslan To Address The Class Of 2023, James Owsley Boyd Feb 2023

Michael Uslan To Address The Class Of 2023, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Film producer, teacher, and writer Michael Uslan ’76 will serve as the Indiana University Maurer School of Law’s graduation speaker this May, the school announced today (Feb. 16). Holder of three degrees from Indiana University, Uslan is credited with helping to make the Batman franchise one of the most successful film projects of all time. He has served as executive producer on each one of the films, ranging from 1989’s Batman to the conclusion of Christopher Nolan’s trilogy. He served as executive producer on the award-winning Joker in 2019 and his latest project, Joker: Folie à Deux, is currently in …

Go to article

Cjcr Publishes Volume 24, Issue 1 (Fall 2022), Tanuja Krishna Feb 2023

Cjcr Publishes Volume 24, Issue 1 (Fall 2022), Tanuja Krishna

CJCR Blog

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 16, 2023. The original post can be accessed via the Archived Link button above.

Go to article

Hope Emerges From The Shadows: Riojas And Mccoy Offer New Tool For Exonorees, Jack Nelson Feb 2023

Hope Emerges From The Shadows: Riojas And Mccoy Offer New Tool For Exonorees, Jack Nelson

Villanova Law Review

No abstract provided.

Go to article

Taking Bytes: Sound Recordings, Digital Sampling, And The De Minimis Exception, Elizabeth C. Vista Feb 2023

Taking Bytes: Sound Recordings, Digital Sampling, And The De Minimis Exception, Elizabeth C. Vista

Villanova Law Review

No abstract provided.

Go to article

Reducing Community Violence While Protecting Civil Rights, Kami Chavis Feb 2023

Reducing Community Violence While Protecting Civil Rights, Kami Chavis

Popular Media

No abstract provided.

Go to article

Dedication, Robert E. Stengel Feb 2023

Dedication, Robert E. Stengel

Brooklyn Law Review

The Brooklyn Law Review dedicates this issue to our friend, colleague, and Executive Notes Editor, Rob Stengel. October 18, 1988–December 8, 2022

Go to article

The Pro Se Gender Gap, Roger Michalski Feb 2023

The Pro Se Gender Gap, Roger Michalski

Brooklyn Law Review

This article is the first to identify, name, and empirically measure the pro se gender gap. Drawing on a massive dataset of all federal civil dockets spanning ten years, it finds a 2-to-1 gender imbalance. For every federal woman pro se litigant there are two males. This finding is robust and stable. It holds true for plaintiffs, defendants, and other parties. It is also true across most subject areas, time, length of litigation, and across states, districts, and circuits. The study excludes prisoner-rights and habeas petitions–including them would widen the gender gap even further. This gender gap reveals a troubling …

Go to article

No Need For Speed: The Inherent Unreasonableness Of High-Speed Police Chases And A New Approach To Excessive Force Litigation, Hayley Bork Feb 2023

No Need For Speed: The Inherent Unreasonableness Of High-Speed Police Chases And A New Approach To Excessive Force Litigation, Hayley Bork

Brooklyn Law Review

High-speed police chases are a deadly tactic used and abused by the police to apprehend motorists who flee from traffic stops. Police departments around the country routinely escalate stops for mere traffic infractions into dangerous high-speed pursuits, resulting in death and injury to those involved. Moreover, Black Americans represent a disproportionate number of those stopped, chased, and killed by police, making high-speed chases, like many police-citizen encounters, highly racialized. However, for motorists injured by high-speed chases, maintaining a successful lawsuit against the responsible officers remains incredibly difficult under current excessive force jurisprudence. Although police department policies limiting when and why …

Go to article

We Speak The Queen’S English: Linguistic Profiling In The Legal Profession, Brenda D. Gibson Feb 2023

We Speak The Queen’S English: Linguistic Profiling In The Legal Profession, Brenda D. Gibson

Brooklyn Law Review

This article takes you on a journey through concept to practice where minoritized populations are often judged less than—less competent, less intelligent—and pushed to society’s margins because they do not speak or write “the Queen’s English.” This practice is particularly pervasive and handicapping to diversity efforts in the legal profession, beginning in law school classrooms. To make any headway into the legal profession’s lack of diversity, a better understanding is required of the undeniable connectedness of how our biases show up in our informal and formal assessment of the speech and writing of those whom we encounter. While it is …

Go to article

Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan Feb 2023

Racial Pay Equity In “White” Collar Workplaces, Nantiya Ruan

Brooklyn Law Review

The racial pay gap in the US is staggering. Wealth disparities between Black, Latinx, and white households reflect the compound negative effects of discrimination, inequality, and lack of opportunities experienced by communities of color. One understudied way to address racial pay equity and the wealth gap is to examine how to widen career paths of high-paying, stable careers for people of color. Career paths are not equal. Some jobs are dead-end, minimum wage-paying, with little to no hope of promotion into a salary that catapults an earner into the next socioeconomic class. Others have growth potential, comfortable wages, and important …

Go to article

First Prev Next Last