Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 185th year anniversary (20)
- Dickinson Law (20)
- Legal history (19)
- Dickinson College (5)
- John Reed (4)
-
- Due Process (3)
- History (3)
- Levinson Curtilage (3)
- Sadler Curtilage (3)
- Discretion (2)
- Fifth Amendment (2)
- Fourteenth Amendment (2)
- Julia Radle (2)
- The Forum (2)
- Trickett Hall (2)
- Waiver (2)
- ACA (1)
- Abuse (1)
- Accountability (1)
- Administrative Review (1)
- Admissibility (1)
- Adult Criminal Court (1)
- Aggravating Circumstances (1)
- Agriculture (1)
- Alfred Nevin (1)
- Americans With Disabilities Act (1)
- Antitrust (1)
- Apprendi v. New Jersey (1)
- Article 17 (1)
- Article 22 (1)
- Publication Type
Articles 1 - 30 of 33
Full-Text Articles in Law
Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla
Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla
Dickinson Law Review (2017-Present)
This article discusses Article 22 of the Convention for the Unification of Certain Rules for International Carriage by Air (“The Montreal Convention”) and its impact on the transportation of human remains. The Convention limits carrier liability to a sum of 19 Special Drawing Rights (SDRs) per kilogram in the case of destruction, loss, damage or delay of part of the cargo or of any object contained therein. Transportation of human remains falls under Article 22 which forecloses any recovery for pain and suffering unaccompanied by physical injury. This Article finds fault with this liability limit. The Article notes that if …
The Future Of Dairy Cooperatives In The Modern Marketplace: Redeveloping The Capper-Volstead Act, Sarah K. Phillips
The Future Of Dairy Cooperatives In The Modern Marketplace: Redeveloping The Capper-Volstead Act, Sarah K. Phillips
Dickinson Law Review (2017-Present)
Agriculture plays a fundamental role in the U.S. economy as a multibillion-dollar industry that feeds people all over the world. However, over the past decade, the dairy industry in particular has changed from a reliable sector of the greater agricultural industry into an unsettled, politically-charged, and fractured group. Dairy farmers’ consistently receiving low milk prices has facilitated this divide. Tired of being ignored and underpaid, dairy farmers are demanding change in the current dairy market structure.
Federal Milk Marketing Orders and a variety of statutes regulate the dairy industry, but the 1922 Capper-Volstead Act remains the most notable piece of …
Physical Presence Is In No Wayfair!: Addressing The Supreme Court’S Removal Of The Physical Presence Rule And The Need For Congressional Action, Claire Shook
Dickinson Law Review (2017-Present)
The Commerce Clause of Article I grants Congress the power to regulate commerce. In the past, an entity had to have a physical presence in a state for that state to impose taxes on the entity. Due to the changing landscape of online businesses, the U.S. Supreme Court decided in South Dakota v. Wayfair in June 2018 to remove the physical presence rule as it applied to the Commerce Clause analysis of state taxation. The Wayfair decision’s ramification is that states can now impose taxes on businesses conducting sales online without having any physical presence in those states. While the …
Commencements Over The Years, Pamela G. Smith
Commencements Over The Years, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Issa Tanimura, Pamela G. Smith
Issa Tanimura, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Another Look At Students Studying Over The Years, Pamela G. Smith
Another Look At Students Studying Over The Years, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Lewis Katz Hall Dedication, Pamela G. Smith
Lewis Katz Hall Dedication, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Kegs In The Curtilage, Pamela G. Smith
Kegs In The Curtilage, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Alfred Nevin, The Law School's First Student, Pamela G. Smith
Alfred Nevin, The Law School's First Student, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
April 1, 1834, Pamela G. Smith
April 1, 1834, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Dickinson Law Review (2017-Present)
Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …
The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus
The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus
Dickinson Law Review (2017-Present)
On October 30, 2017, the General Assembly of Pennsylvania passed an act that repealed the state’s fireworks law, which had prohibited the sale of most fireworks to Pennsylvanian consumers for nearly 80 years. The law’s replacement generally permits Pennsylvanians over 18 years old to purchase, possess, and use “Consumer Fireworks.” Bottle rockets, firecrackers, Roman candles, and aerial shells are now available to amateur celebrants for holidays like Independence Day and New Year’s Eve. The law also regulates a category of larger “Display Fireworks,” sets standards for fireworks vendors, and introduces a 12-percent excise tax on fireworks sales that serves to …
Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond
Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond
Dickinson Law Review (2017-Present)
On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of …
O’Neill, Oh O’Neill, Wherefore Art Thou O’Neill: Defining And Cementing The Requirements For Asserting Deliberative Process Privilege, Andrew Scott
Dickinson Law Review (2017-Present)
The government may invoke the deliberative process privilege to protect the communications of government officials involving policy-driven decision-making. The privilege protects communications made before policy makers act upon the policy decision to allow government officials to speak candidly when deciding a course of action without fear of their words being used against them.
This privilege is not absolute and courts recognize the legitimate countervailing interest the public has in transparency. The Supreme Court in United States v. Reynolds held that someone with control over the protected information should personally consider the privilege before asserting it but did not provide definitive …
The Curtilage, Pamela G. Smith
The Curtilage, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Woolsack Honor Society, Pamela G. Smith
Woolsack Honor Society, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
The Honorable Sylvia H. Rambo, Pamela G. Smith
The Honorable Sylvia H. Rambo, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law's First Female Students, Pamela G. Smith
Dickinson Law's First Female Students, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Black Law Students Association (Blsa), Pamela G. Smith
Black Law Students Association (Blsa), Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law: Articles Of Incorporation, Pamela G. Smith
Dickinson Law: Articles Of Incorporation, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dale And Mary Ann Shugart, Pamela G. Smith
Dale And Mary Ann Shugart, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Clarence Muse, Pamela G. Smith
Clarence Muse, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law Review, Pamela G. Smith
Dickinson Law Review, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law: Winter, Pamela G. Smith
Dickinson Law: Winter, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
John Reed's Advertisement, Pamela G. Smith
John Reed's Advertisement, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
John Reed: Dickinson Law's Founder, Pamela G. Smith
John Reed: Dickinson Law's Founder, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Burton R. Laub: Dickinson Law's Fourth Dean, Pamela G. Smith
Burton R. Laub: Dickinson Law's Fourth Dean, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley
Whose Market Is It Anyway? A Philosophy And Law Critique Of The Supreme Court’S Free-Speech Absolutism, Spencer Bradley
Dickinson Law Review (2017-Present)
In the wake of Charlottesville, the rise of the alt-right, and campus controversies, the First Amendment has fallen into public scrutiny. Historically, the First Amendment’s “marketplace of ideas” has been a driving source of American political identity; since Brandenburg v. Ohio, the First Amendment protects all speech from government interference unless it causes incitement. The marketplace of ideas allows for the good and the bad ideas to enter American society and ultimately allows the people to decide their own course.
Yet, is the First Amendment truly a tool of social progress? Initially, the First Amendment curtailed war-time dissidents and …
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford
Judges Do It Better: Why Judges Can (And Should) Decide Life Or Death, Andrew R. Ford
Dickinson Law Review (2017-Present)
Following its decision in Furman v. Georgia, the Supreme Court of the United States has attempted to standardize procedures that states use to subject offenders to the ultimate penalty. In practice, this attempt at standardization has divided capital sentencing into two distinct parts: the death eligibility decision and the death selection decision. The eligibility decision addresses whether the sentencer may impose the death penalty, while the selection decision determines who among that limited subset of eligible offenders is sentenced to death. In Ring v. Arizona, the Court held for the first time that the Sixth Amendment right to …
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Where The Constitution Falls Short: Confession Admissibility And Police Regulation, Courtney E. Lewis
Dickinson Law Review (2017-Present)
A confession presented at trial is one of the most damning pieces of evidence against a criminal defendant, which means that the rules governing its admissibility are critical. At the outset of confession admissibility in the United States, the judiciary focused on a confession’s truthfulness. Culminating in the landmark case Miranda v. Arizona, judicial concern with the reliability of confessions shifted away from whether a confession was true and towards curtailing unconstitutional police misconduct. Post-hoc constitutionality review, however, is arguably inappropriate. Such review is inappropriate largely because the reviewing court must find that the confession was voluntary only by …