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Articles 1 - 30 of 33
Full-Text Articles in Law
Processing Disability, Jasmine E. Harris
Processing Disability, Jasmine E. Harris
American University Law Review
No abstract provided.
“Please Note: You Have Waived Everything”: Can Notice Redeem Online Contracts?, Cheryl B. Preston
“Please Note: You Have Waived Everything”: Can Notice Redeem Online Contracts?, Cheryl B. Preston
American University Law Review
No abstract provided.
2014 Trademark Law Decisions Of The Federal Circuit, Jonathan M. Gelchinsky
2014 Trademark Law Decisions Of The Federal Circuit, Jonathan M. Gelchinsky
American University Law Review
No abstract provided.
The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili
The Downfall Of Auer Deference: Veterans Law At The Federal Circuit In 2014, Victoria Hadfield Moshiashwili
American University Law Review
No abstract provided.
The Status Of Nonstatus, Geoggrey Heeren
The Status Of Nonstatus, Geoggrey Heeren
American University Law Review
Millions of unauthorized immigrants in the United States have no legal immigration status and live in constant fear of deportation. There are millions more who do have some sort of status, like lawful permanent residency, asylum, or a nonimmigrant visa. In between is the netherworld of nonstatus. Here live noncitizens who possess government documentation but few rights. They have no pathway to lawful permanent residence or citizenship and cannot receive most public benefits. If nonstatus is denied or revoked by a prosecutor or bureaucrat, there is no right to a hearing or an appeal. If the Executive Branch discriminates in …
The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies
The Boundaries Of Executive Discretion: Deferred Action, Unlawful Presence, And Immigration Law, Peter Margulies
American University Law Review
No abstract provided.
Bordering Persecution: Why Asylum Seekers Should Not Be Subject To Expedited Removal, Alvaro Peralta
Bordering Persecution: Why Asylum Seekers Should Not Be Subject To Expedited Removal, Alvaro Peralta
American University Law Review
No abstract provided.
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
Griswold And Its Surroundings: The 1963, '64, And '65 Terms, L.A. Powe
American University Law Review
No abstract provided.
Why Capital Punishment Is No Punishment At All, Jason Iuliano
Why Capital Punishment Is No Punishment At All, Jason Iuliano
American University Law Review
Capital punishment has generated an incredible amount of public debate. Is the practice constitutional? Does it deter crime? Is it humane? Supporters and opponents of capital punishment disagree on all of these issues and many more. There is perhaps only one thing that unites these two camps: the belief that the death penalty is society's most severe punishment. In this Article, I argue that this belief is mistaken. Capital punishment is not at the top of the punishment hierarchy. In fact, it is no punishment at all. My argument builds from a basic conception of punishment endorsed by the Supreme …
The Harms Of The Benefit Corporation, Kennan El Khatib
The Harms Of The Benefit Corporation, Kennan El Khatib
American University Law Review
No abstract provided.
A Spoof Of Justice: Double Jeopardy Implications For Convictions Of Both Spoofing And Commodities Fraud For The Same Transaction, Abram Olychyk
A Spoof Of Justice: Double Jeopardy Implications For Convictions Of Both Spoofing And Commodities Fraud For The Same Transaction, Abram Olychyk
American University Law Review
No abstract provided.
Reconceptualizing Managerial Judges, Steven Baicker-Mckee
Reconceptualizing Managerial Judges, Steven Baicker-Mckee
American University Law Review
No abstract provided.
The Halfway Point Between Barbary Coast And Shangri-La: Extraterritoriality And The Viability Of The Economic Reality Method Post-Parkcentral Global Hub Ltd. V. Porche Automobile Holdings Se, Kaitlin A. Bruno
American University Law Review
No abstract provided.
Child’S Play: The Case Against The Department Of Labor For Its Failure To Protect Children Working On America’S Tobacco Farms, Leigh E. Colihan
Child’S Play: The Case Against The Department Of Labor For Its Failure To Protect Children Working On America’S Tobacco Farms, Leigh E. Colihan
American University Law Review
No abstract provided.
If The Question Is Chocolate-Related, The Answer Is Always Yes: Why Doe V. Nestle Reopens The Door For Corporate Liability Of U.S. Corporations Under The Alien Tort Statute, Amanda A. Humphreville
If The Question Is Chocolate-Related, The Answer Is Always Yes: Why Doe V. Nestle Reopens The Door For Corporate Liability Of U.S. Corporations Under The Alien Tort Statute, Amanda A. Humphreville
American University Law Review
No abstract provided.
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher
The Road To Prison Is Paved With Bad Evaluations: The Case For Functional Behavioral Assessments And Behavior Intervention Plans, Stephanie M. Poucher
American University Law Review
No abstract provided.
Health Justice: A Framework (And Calll To Action) For The Elimination Of Health Inequity And Social Injustice, Emily A. Benfer
Health Justice: A Framework (And Calll To Action) For The Elimination Of Health Inequity And Social Injustice, Emily A. Benfer
American University Law Review
No abstract provided.
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
American University Law Review
No abstract provided.
D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf
D(E)Volving Discretion: Lessons From The Life And Times Of Secure Communities, Juliet P. Stumpf
American University Law Review
The devolution of immigration authority to line officers, touted as a strength of the Secure Communities program, planted the seeds of the program's downfall. Rising from the ashes of Secure Communities, the Priority Enforcement Program (PEP) set priorities for removal and also unveiled a potential antidote to the devolution of agency discretion. This Article details the rise of Secure Communities and describes the devolution of discretion that ultimately undermined the program. It then spotlights a little-noticed attribute of the PEP-one that addresses head-on Secure Communities' devolution of enforcement discretion to the lowest level. PEP attempts to recapture ftderal discretion to …
Shoot First, Ask Later: Constitutional Rights At The Border After Boumediene, Brittany Davidson
Shoot First, Ask Later: Constitutional Rights At The Border After Boumediene, Brittany Davidson
American University Law Review
Adopting Boumediene's functional approach in analyzing extraterritorial application of the United States Constitution at the U.S.-Mexico border will promote uniformity and provide guidance to courts and officials. Currently, courts are applying Verdugo-Urquidez's sufficient connections test, and different variations thereof permitting courts to arbitrarily decide who is entitled to constitutional protection in the absence of uniform precedent. Adopting Boumediene as the guiding test will not automatically trigger constitutional protection, instead, constitutional protection will only be granted if extending protection to an alien at the U.S.-Mexico border is justified based on the three-prong test.
Visa Denied: Why Courts Should Review A Consular Officer’S Denial Of A U.S.-Citizen Family Member’S Visa, Gabriela Baca
Visa Denied: Why Courts Should Review A Consular Officer’S Denial Of A U.S.-Citizen Family Member’S Visa, Gabriela Baca
American University Law Review
No abstract provided.
The Limits Of Executive Authority To Preempt Contrary State Laws In Foreign Affairs After Medellín V. Texas, Shahrzad Noorbaloochi
The Limits Of Executive Authority To Preempt Contrary State Laws In Foreign Affairs After Medellín V. Texas, Shahrzad Noorbaloochi
American University Law Review
No abstract provided.
Property Rebels: Reclaiming Abandoned, Bank-Owned Homes For Community Uses, Valerie Schneider
Property Rebels: Reclaiming Abandoned, Bank-Owned Homes For Community Uses, Valerie Schneider
American University Law Review
No abstract provided.
U.S. Tax Imperialism In Puerto Rico, Diane Lourdes Dick
U.S. Tax Imperialism In Puerto Rico, Diane Lourdes Dick
American University Law Review
No abstract provided.
Foreword, Jane A. Restani
The Federal Circuit And Ultramercial:Software And Business Method Patents Tumble Further Down The Rabbit Hole, Mark Patrick
The Federal Circuit And Ultramercial:Software And Business Method Patents Tumble Further Down The Rabbit Hole, Mark Patrick
American University Law Review
No abstract provided.
Iq Intelligence Tests, "Ethnic Adjustments" And Atkins, Robert M. Sanger
Iq Intelligence Tests, "Ethnic Adjustments" And Atkins, Robert M. Sanger
American University Law Review
No abstract provided.
The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia
The History Of Prosecutorial Discretion In Immigration Law, Shoba Sivaprasad Wadhia
American University Law Review
No abstract provided.
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
2014 International Trade Law Decisions Of The Federal Circuit, Jennifer S. Huber, Simon G. Courtman
American University Law Review
No abstract provided.
Clogging The Pipeline: Exploring The D.C. Circuit's Improper Segmentation Analysis In Delaware Riverkeeper Network V. Ferc, Mary-Kaitlin E. Rigney
Clogging The Pipeline: Exploring The D.C. Circuit's Improper Segmentation Analysis In Delaware Riverkeeper Network V. Ferc, Mary-Kaitlin E. Rigney
American University Law Review
Technological advancement in drilling techniques, primarily hydraulic fracturing, has provided access to previously unreachable natural gas reserves. Much of this increase in natural gas production is derived from the Marcellus Shale, a shale formation that spans Ohio, Pennsylvania, West Virginia, and New York. This surge in natural gas production has prompted natural gas pipeline companies to upgrade their pipeline networks. Pipeline companies must apply for certificates of public convenience and necessity from the Federal Energy Regulatory Commission (FERC) and, if approved, perform an environmental evaluation, as required by the National Environmental Policy Act (NEPA). In examining the environmental impacts of …