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Full-Text Articles in Law

Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold Oct 2018

Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold

Law Publications

What are some of the challenges and possibilities animating modern Canadian clinical and experiential learning in law? This question was the starting point for our research, which examined two sets of data. In the first part of this project, we analyzed available information on existing clinical and experiential learning programs in Canadian law schools. This data revealed a growing quantity and variety of programs across the country. We then held qualitative interviews with deans, professors, and clinicians across Canada regarding their views of clinical and experiential learning. While the interviews suggested that many of the same financial and curricular challenges ...


Chance To Change: Jennings V. Rodriguez As A Chance To Bring Due Process To A Broken Detention System, Joe Bianco Jan 2018

Chance To Change: Jennings V. Rodriguez As A Chance To Bring Due Process To A Broken Detention System, Joe Bianco

Duke Journal of Constitutional Law & Public Policy Sidebar

Jennings v. Rodriguez will determine whether specific classes of detained noncitizens will be entitled to bond hearings before Immigration Judges moving forward. The challenge comes from the Ninth Circuit, which, with the Second Circuit, mandates bond hearings for some detainees automatically after six months. Those Circuits found that after that point, the detention was arbitrary without a showing by the Government of why the noncitizen needed continued detention. The Government seeks to retain the current system, where the noncitizen’s detention release is entirely at the Government’s discretion. This commentary sets out the case and argues that the better ...


The Letter And The Spirit: A Unified Theory Of Originalism, Randy E. Barnett, Evan Bernick Jan 2018

The Letter And The Spirit: A Unified Theory Of Originalism, Randy E. Barnett, Evan Bernick

Georgetown Law Faculty Publications and Other Works

The concept of constitutional construction is of central importance to originalist theory but is both underdeveloped and controversial among originalists. Some object that its apparent open-endedness undermines the constraining virtues of originalism and exposes citizens to arbitrary judicial power. In this Article, we respond to this challenge by presenting an originalist theory of constitutional construction that can guide and constrain judicial activity within the “construction zone.” When combined with an originalist theory of constitutional interpretation, our approach yields a unified theory of originalism.

Our theory of constitutional construction draws upon a familiar common-law concept long used in contract and fiduciary ...


Vol. 54, No. 01 (January 15, 2018) Jan 2018

Vol. 54, No. 01 (January 15, 2018)

Indiana Law Annotated

No abstract provided.


Okada V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 2 (Jan. 11, 2018) (En Banc), Paloma Guerrero Jan 2018

Okada V. Eighth Judicial Dist. Court, 134 Nev. Adv. Op. 2 (Jan. 11, 2018) (En Banc), Paloma Guerrero

Nevada Supreme Court Summaries

The Court determined that application of NRS § 463.120(6), as enacted in 2017 through Senate Bill 376, which protects certain information and data provided to the gaming authorities, does not apply to information requested before the effective date of the statute. From the plain language of the act that the privilege applies to “any request made on or after the effective date of this act,” the Court concluded that the privilege applies prospectively only and does not apply to any request made before the effective date of this act.


Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker Jan 2018

Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker

Perkins Faculty Research and Special Events

This MLK Jr-inspired ecotheology [eco-theology] connects “economics,” “ecology,” and “ecological civilization” to the theological ethics of Rev. Dr. Martin Luther King Jr.

Though we often remember King primarily as a domestic civil rights leader; attention to King’s book—Where Do We Go from Here: Chaos or Community? (1967) reveals that he advanced a global ethics. King called for replacing recourse to war with nonviolent resistance to evil, and for abolishing poverty throughout “the world house.” He prescribed that we “civilize ourselves by the total, direct and immediate abolition of poverty.” King was concerned with civilizing “the world house” (house ...


Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon Jan 2018

Ask Versus Tell: Potential Confusion When Child Witnesses Are Questioned About Conversastions, Stacia N. Stolzenberg, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

Children’s potential confusion between “ask” and “tell” can lead to misunderstandings when child witnesses are asked to report prior conversations. The verbs distinguish both between interrogating and informing and between requesting and commanding. Children’s understanding was examined using both field (i.e., Study 1) and laboratory (i.e., Studies 2-4) methods. Study 1 examined 100 5- to 12-year-olds’ trial testimony in child sexual abuse cases, and found that potentially ambiguous use of ask and tell was common, typically found in yes/no questions that elicited unelaborated answers, and virtually never clarified by attorneys or child witnesses. Studies 2-4 ...


Albuquerque Journal Interviews Reed Benson, Supreme Court Hears Nm-Texas Water Dispute, Reed D. Benson Jan 2018

Albuquerque Journal Interviews Reed Benson, Supreme Court Hears Nm-Texas Water Dispute, Reed D. Benson

Faculty Scholarship

Article by Michael Coleman

Quote:

Reed Benson, a University of New Mexico professor specializing in water law, said the Supreme Court’s task in deciding the U.S. government’s role is “very legalistic – very much a technical reading of what is and is not in the compact.”

“I actually have thought that New Mexico’s chances in front of the nine justices may be a little bit better than some people thought,” Benson said. “Some of those justices may be persuaded by the plain text argument – that New Mexico’s obligations are measured at Elephant Butte and once New ...


Stock Market Reactions To India's 2016 Demonetization: Implications For Tax Evasion, Corruption, And Financial Constraints, Dhammika Dharmapala, Vikramaditya S. Khanna Jan 2018

Stock Market Reactions To India's 2016 Demonetization: Implications For Tax Evasion, Corruption, And Financial Constraints, Dhammika Dharmapala, Vikramaditya S. Khanna

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Decisionmaking On Multimember Courts: The Assignment Power In The Circuits, Daniel Hemel, Kyle Rozema Jan 2018

Decisionmaking On Multimember Courts: The Assignment Power In The Circuits, Daniel Hemel, Kyle Rozema

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Big Deal: Should Universities Outsource More Core Research Infrastructure?, Roger C. Schonfeld Jan 2018

Big Deal: Should Universities Outsource More Core Research Infrastructure?, Roger C. Schonfeld

Copyright, Fair Use, Scholarly Communication, etc.

Research universities have developed in symbiosis with a robust set of commercial providers that serve their needs. From food service providers to run dining halls to private equity firms to manage parts of the endowment, outsourcing has allowed universities to remain more focused on their core educational and research functions. But universities have also at times elected to outsource academic infrastructure. Commercial firms have developed a major role in several significant university functions, including scientific publishing, library management systems, and course management systems. And in all three cases, the commercial priorities of vendors have at times left academia frustrated. While ...


Heat & Frost Insulators & Allied Workers Loc. 16 V. Lab. Comm’R; Univ. Of Nev., Reno; & Core Constr., 134 Nev. Adv. Op. 1 (Jan. 4, 2018), Alma Orozco Jan 2018

Heat & Frost Insulators & Allied Workers Loc. 16 V. Lab. Comm’R; Univ. Of Nev., Reno; & Core Constr., 134 Nev. Adv. Op. 1 (Jan. 4, 2018), Alma Orozco

Nevada Supreme Court Summaries

NRS 233B.130(2)(c)(1)’s service requirement is mandatory and jurisdictional. Further, under NRS 233B.130(5), the district court has jurisdiction to extend time for service for good cause, either before or after the 45-day service period has run.


Prophylactic Merger Policy, Herbert J. Hovenkamp Jan 2018

Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...


The Foreign Account Tax Compliance Act: A Constitutional Analysis, Samantha Mckay Jan 2018

The Foreign Account Tax Compliance Act: A Constitutional Analysis, Samantha Mckay

Law School Student Scholarship

No abstract provided.


The Rise Of Bullying As A Public Health Issue, Saba Nazir Jan 2018

The Rise Of Bullying As A Public Health Issue, Saba Nazir

Law School Student Scholarship

No abstract provided.


Municipal Dissemination Of Utilizable Information With Mobile Applications To Effectuate Lifestyle Changes To Combat And Prevent Obesity, Robert J. Wishnia Jan 2018

Municipal Dissemination Of Utilizable Information With Mobile Applications To Effectuate Lifestyle Changes To Combat And Prevent Obesity, Robert J. Wishnia

Law School Student Scholarship

No abstract provided.


Current Topics In Internet Law Data Breach Liability, Fadja Tassey Jan 2018

Current Topics In Internet Law Data Breach Liability, Fadja Tassey

Law School Student Scholarship

No abstract provided.


Effect Of Intelligent Design, Evolution, And Creationism On Critical Thinking, Pasha Razi Jan 2018

Effect Of Intelligent Design, Evolution, And Creationism On Critical Thinking, Pasha Razi

Law School Student Scholarship

No abstract provided.


Employee Health Benefit Programs—Who Are They Really Benefitting?, Ashley Fletcher Jan 2018

Employee Health Benefit Programs—Who Are They Really Benefitting?, Ashley Fletcher

Law School Student Scholarship

No abstract provided.


Animal Welfare Is A Major Public Health Concern, Lady S. Ruiz Jan 2018

Animal Welfare Is A Major Public Health Concern, Lady S. Ruiz

Law School Student Scholarship

No abstract provided.


Hiv Pre-Exposure Prophylaxis: Are We “Preping” For A New Epidemic?, Christopher Disanto Jan 2018

Hiv Pre-Exposure Prophylaxis: Are We “Preping” For A New Epidemic?, Christopher Disanto

Law School Student Scholarship

No abstract provided.


Public Health And Sterilization Of The Mentally Disabled: Under What Circumstances Should It Be Scrutinized Versus Granted By Court Order?, Devin Griffin Jan 2018

Public Health And Sterilization Of The Mentally Disabled: Under What Circumstances Should It Be Scrutinized Versus Granted By Court Order?, Devin Griffin

Law School Student Scholarship

No abstract provided.


Strategies To Combat Antibiotic Resistance, Amit Singhai Jan 2018

Strategies To Combat Antibiotic Resistance, Amit Singhai

Law School Student Scholarship

No abstract provided.


Concutere – Latin Verb Meaning “To Shake Violently”;, Gregory P. Coates Jan 2018

Concutere – Latin Verb Meaning “To Shake Violently”;, Gregory P. Coates

Law School Student Scholarship

No abstract provided.


Prison Officials’ Failure To Provide Adequate Health Care For Trans Prisoners Must Be Presumed To Be Deliberately Indifferent, A Key To A Cruel And Unusual Constitutional Violation, Timothy Chessher Jan 2018

Prison Officials’ Failure To Provide Adequate Health Care For Trans Prisoners Must Be Presumed To Be Deliberately Indifferent, A Key To A Cruel And Unusual Constitutional Violation, Timothy Chessher

Law School Student Scholarship

No abstract provided.


Physician Assisted Suicide: An End Of Life Care Option That Should Be Available To All Dying Patients, Terra Buckley Jan 2018

Physician Assisted Suicide: An End Of Life Care Option That Should Be Available To All Dying Patients, Terra Buckley

Law School Student Scholarship

No abstract provided.


A Complex Analysis Of The World Of Student Loans, Aiyana Gallardo Jan 2018

A Complex Analysis Of The World Of Student Loans, Aiyana Gallardo

Law School Student Scholarship

No abstract provided.


Human Rights Extraterritoriality: The Right To Privacy And National Security Surveillance, Francesca Bignami, Giorgio Resta Jan 2018

Human Rights Extraterritoriality: The Right To Privacy And National Security Surveillance, Francesca Bignami, Giorgio Resta

GW Law Faculty Publications & Other Works

This chapter focuses on the international right to privacy and national security surveillance by spy agencies. It assesses the extent to which the law of the United States and Europe (EU and ECtHR) afford extraterritorial protection for the right to privacy, in furtherance of the international human right to privacy. The chapter concludes that U.S. law draws a stark line between insiders (U.S. citizens and permanent residents) and outsiders, and affords significantly more protection for insiders. On the European side, even though the EU does not have jurisdiction internally over spy agencies, it does have the power to ...


Reforming The Law On Police Use Of Deadly Force: De-Escalation, Pre-Seizure Conduct, And Imperfect Self-Defense, Cynthia Lee Jan 2018

Reforming The Law On Police Use Of Deadly Force: De-Escalation, Pre-Seizure Conduct, And Imperfect Self-Defense, Cynthia Lee

GW Law Faculty Publications & Other Works

No abstract provided.


Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman Jan 2018

Personal Health Records As A Tool For Transparency In Health Care (Draft), Sharona Hoffman

Faculty Publications

This chapter explores the benefits and limitations of personal health records (PHRs) as a tool to promote transparency in health care. A PHR can be defined as “an electronic application through which individuals can access, manage and share their health information . . . in a private, secure, and confidential environment.” PHRs can enhance efficiency, communication, data accuracy, and health outcomes. At the same time, they can disrupt the physician-patient relationship and raise liability concerns. For example, PHRs may induce patients and physicians to rely on electronic communication when office visits would be far more appropriate. The chapter analyzes the impact of PHRs ...