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Articles 12301 - 12330 of 559722
Full-Text Articles in Law
Unending Reform: Police Resistance To Consent Decrees And Federal Monitors, Finn Mayock
Unending Reform: Police Resistance To Consent Decrees And Federal Monitors, Finn Mayock
Journal of Law and Policy
The murder of George Floyd and the subsequent protests that engulfed the United States in 2020 reignited public attention towards the violent and discriminatory practices of police departments across the country. While methods of reforming these institutions were debated with new vigor, the federal courts have been quietly overseeing efforts to obtain constitutionally compliant policing in numerous cities for decades. Using legal tools such as consent decrees and monitors, the Department of Justice has enlisted the assistance of federal courts to ensure that police practices are in congruence with the Constitution. As pervasive police violence against black and brown people …
Weathering The Storm: Establishing Internally Displaced People’S Right To Affordable Housing In The Wake Of Natural Disasters, Raina Hasan
Journal of Law and Policy
In 2020, natural disasters caused more internal displacement than war; floods, storms, and wildfires caused thirty million new displacements globally, and 1.7 million in the U.S. alone. The data and history suggest that masses of people will be displaced every year and will face housing insecurity without any formal acknowledgement of their unique plight or a guarantee that internally displaced persons (“IDPs”) will have protected rights. This Note proposes that, considering the worsening climate crisis leading to more frequent and severe natural disasters, the U.S. should codify the rights of internally displaced people as laid out in the United Nations’ …
Commercial Law Harmonization: The Past As Prologue—A “Festschrift” In Honor Of Neil B. Cohen, Edward J. Janger
Commercial Law Harmonization: The Past As Prologue—A “Festschrift” In Honor Of Neil B. Cohen, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
Brooklyn Journal of Corporate, Financial & Commercial Law
Historically, the pornography industry has been the target of countless attempts to delegitimize sex work, but it still endures as a legal industry. Nevertheless, financial service providers such as banks and third-party payment processors have circumvented providing the industry fair access to their services, under vague pretexts such as reputational risk. While porn is not the only marginalized industry affected by unfair treatment from financial service providers, it is among the most targeted. This note gives context to this issue and provides that access to the global marketplace should not be limited by financial institutions functioning as de facto legislators, …
On The Rightful Deprivation Of Rights, Frederick Schauer
On The Rightful Deprivation Of Rights, Frederick Schauer
Notre Dame Law Review
When people are deprived of their property rights so that the state can build a highway, a school, or a hospital, they are typically compensated through what is commonly referred to as “takings” doctrine. But when people are deprived of their free speech rights because of a clear and present danger, or deprived of their equal protection, due process, or free exercise rights because of a “compelling” governmental interest, they typically get nothing. Why this is so, and whether it should be so, is the puzzle that motivates this Article. Drawing on the philosophical literature on conflicts of rights and …
Debs And The Federal Equity Jurisdiction, Aditya Bamzai, Samuel L. Bray
Debs And The Federal Equity Jurisdiction, Aditya Bamzai, Samuel L. Bray
Notre Dame Law Review
The United States can sue for equitable relief without statutory authorization. The leading case on this question is In re Debs, and how to understand that case is of both historical and contemporary importance. Debs was a monumental opinion that prompted responses in the political platforms of major parties, presidential addresses, and enormous academic commentary. In the early twentieth century, Congress enacted several pieces of labor legislation that reduced Debs’s importance in the specific context of strikes. But in other contexts, the question whether the United States can bring suit in equity remains disputed to this day. The …
Solidarity Federalism, Erin F. Delaney, Ruth Mason
Solidarity Federalism, Erin F. Delaney, Ruth Mason
Notre Dame Law Review
Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and the federal government. This Article approaches federalism from a different perspective, one that focuses on state solidarity. We explain how solidarity structures found in constitutional federations—including the United States—generate solidarity obligations, such as duties not to harm other states or their citizens. These duties give rise to principles, such as nondiscrimination, that are vital to federalism. Focusing on interstate relations and relations between states and citizens of other states, we argue that affirming both solidarity and autonomy as …
State Digital Services Taxes: A Good And Permissible Idea (Despite What You Might Have Heard), Young Ran (Christine) Kim, Darien Shanske
State Digital Services Taxes: A Good And Permissible Idea (Despite What You Might Have Heard), Young Ran (Christine) Kim, Darien Shanske
Notre Dame Law Review
Tax systems have been struggling to adapt to the digitalization of the economy. At the center of the struggles is taxing digital platforms, such as Google or Facebook. These immensely profitable firms have a business model that gives away “free” services, such as searching the web. The service is not really free; it is paid for by having the users watch ads and tender data. Traditional tax systems are not designed to tax such barter transactions, leaving a gap in taxation.
One response, pioneered in Europe, has been the creation of a wholly new tax to target digital platforms: the …
Social Trust In Criminal Justice: A Metric, Joshua Kleinfeld, Hadar Dancig-Rosenberg
Social Trust In Criminal Justice: A Metric, Joshua Kleinfeld, Hadar Dancig-Rosenberg
Notre Dame Law Review
What is the metric by which to measure a well-functioning criminal justice system? If a modern state is going to measure performance by counting something—and a modern state will always count something—what, in the criminal justice context, should it count? Remarkably, there is at present no widely accepted metric of success or failure in criminal justice. Those there are—like arrest rates, conviction rates, and crime rates—are deeply flawed. And the search for a better metric is complicated by the cacophony of different goals that theorists, policymakers, and the public bring to the criminal justice system, including crime control, racial justice, …
Revisiting The Fried Chicken Recipe, Zachary B. Pohlman
Revisiting The Fried Chicken Recipe, Zachary B. Pohlman
Notre Dame Law Review Reflection
Twenty-five years ago, Gary Lawson introduced us to legal theory’s tastiest analogy. He told us about a late-eighteenth-century recipe for making fried chicken and how we ought to interpret it. Lawson’s pithy essay has much to be praised. Yet, even twenty-five years later, there remains more to be said about legal theory’s most famous recipe. In particular, there remains much more to be said about the recipe’s author, a person (or, perhaps, group of people) whom Lawson does not discuss. Lawson’s analysis of the recipe leads him to an “obvious” conclusion: the recipe’s meaning is its original public meaning. If …
Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine
Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine
University of Michigan Journal of Law Reform
When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian nations, this Article demonstrates that the Court has generally been faithful in applying canons relating to treaty interpretation or abrogation. The Court has also respected the canon requiring unequivocal expression of congressional intent before finding an abrogation of tribal sovereign immunity. However, there are two other canons that the …
The Fed Of The Future: A Framework To Optimize Short-Term Lending Practices, Emma Macfarlane, Karin Thrasher
The Fed Of The Future: A Framework To Optimize Short-Term Lending Practices, Emma Macfarlane, Karin Thrasher
University of Michigan Journal of Law Reform
Underbanked individuals currently face significant risk when accessing short-term credit. While payday loans are the least expensive short-term credit option when compared to alternatives like overdraft fees, they can also have an extraordinarily high cost of borrowing. Unable to pay the cost of the loan, borrowers often find themselves in a vicious cycle that drives them further into debt. This Note sets forth a proposal as to how payday loans can be better regulated to create affordable access to short-term credit. Specifically, this Note advocates for congressional and Federal Reserve intervention in the payday lending market.
This Note first analyzes …
Covid Aftermath: The Impact Of The Pandemic On Florida's Public School Students, Hannah Blount, Michael Figg, Autumn Finke, Christina Gilbert, Mackenzie O'Connell, Nyasia Minaya, Kylee Neeranjan, Alyssa Rodriguez
Covid Aftermath: The Impact Of The Pandemic On Florida's Public School Students, Hannah Blount, Michael Figg, Autumn Finke, Christina Gilbert, Mackenzie O'Connell, Nyasia Minaya, Kylee Neeranjan, Alyssa Rodriguez
Gator TeamChild Juvenile Law Clinic
The goal of this White Paper is to provide an overview of the current and future impacts the COVID-19 pandemic (“COVID”) has left on Florida’s public school education system. Additionally, this White Paper review shows how public education institutions are still working to address the loss of instructional time and long-term consequences due to pandemic-related school disruptions.
Textualism's Immigration Problem: Stabilizing Interpretive Rules On Noncitizens' Rights And Remedies, Peter Margulies
Textualism's Immigration Problem: Stabilizing Interpretive Rules On Noncitizens' Rights And Remedies, Peter Margulies
Hofstra Law Review
The article focuses on textualism immigration problem as the U.S. Supreme Court has applied textualist methodology in immigration cases and misread the Immigration and Nationality Act (INA). It mentions application of linguistic canons occurs in a comparative, probabilistic assessment to resolve conflicts and analysis of statutory interpretation generally and immigration law in particular. It also mentions discusses inconsistencies in multi-member tribunals, such as appellate courts.
Pop & Perjury: The Irs Valuation War With The Estate Of Michael Jackson, Beckett Cantley, Geoffrey Dietrich
Pop & Perjury: The Irs Valuation War With The Estate Of Michael Jackson, Beckett Cantley, Geoffrey Dietrich
The University of New Hampshire Law Review
When Michael Jackson died unexpectedly in Los Angeles, California, on June 25, 2009, his career and earnings were nearing an all-time low. Plagued by past sexual abuse allegations, scandals, and questionable health, Michael Jackson’s personal finances were purported to be in complete disarray. However, following his unexpected death, the value of his estate, which was reported to be near to nothing, swelled as the world remembered his beloved contributions to the world and began to purchase accordingly. Sales of Michael Jackson’s music began to soar high. The estate’s value soared even higher as it signed licensing agreements and released new …
Heat Waves And A Public-Private Partnership In Alaska, Karen Sandrik, Sarah Matsumoto
Heat Waves And A Public-Private Partnership In Alaska, Karen Sandrik, Sarah Matsumoto
Alaska Law Review
The recently-passed Inflation Reduction Act represents the largest single step that Congress has taken to combat harms from climate change. In its over $360 billion commitment, the Act incentivizes clean energy development and generation, includes methods to directly lower residential utility bills and increase home efficiency, promotes cleaner transportation and agricultural practices, and funds states' and cities' efforts to meet their individual climate goals. While many environmental organizations applauded the Act's passage, some—even simultaneously—expressed concern about its tradeoffs: the Act continues to invest in fossil fuels, subsidizing pipeline construction and guaranteeing new oil and gas leases, specifically expanding leasing in …
Protecting Subsistence Lands While Boosting The Bottom Line: The Enhanced Federal Tax Incentive Available To Alaska Native Corporations For Donations Of Conservation Easements, Timothy Troll, Konrad Liegel
Protecting Subsistence Lands While Boosting The Bottom Line: The Enhanced Federal Tax Incentive Available To Alaska Native Corporations For Donations Of Conservation Easements, Timothy Troll, Konrad Liegel
Alaska Law Review
Alaska Native corporations face a dilemma. They own land of immense and significant cultural and ecological value. Their lands are critical for maintaining the Alaska Natives' subsistence needs. But they are also corporations established under the law to maximize the economic value of their land holdings to provide financial dividends to their Native shareholders. This paper explores the enhanced federal tax incentive for donations of perpetual conservation easements that became available in 2015 to Alaska Native corporations. The tax incentive offers Alaska Native corporations a way to protect the aboriginal lands conveyed to them under the Alaska Native Claims Settlement …
Mindset Theory Relates To Attitudes About Prison And Parole Among College Students, Cassandra R. Petersen
Mindset Theory Relates To Attitudes About Prison And Parole Among College Students, Cassandra R. Petersen
Theses/Capstones/Creative Projects
The maintenance of prosocial relationships has been strongly connected to criminal desistance among past offenders. The opinions held by the community shape the prejudice often encountered by those with a criminal record. To promote desistance, we must understand how criminals and their abilities are considered by the public. In this study, 69 college students were surveyed about the United States prison and parole system in conjunction with Dweck’s mindset theory. Along with explicit questions, an Implicit Associations Test (IAT) was employed to measure unconscious associations between mentality and punishment preference. The IAT revealed that traits of a growth mindset were …
Inducing Empathy In Jurors In A Capital Penalty Phase Trial: An Examination Of How To Reduce Jurors' Death Sentence Decisions, Klaudia Zuraw
Inducing Empathy In Jurors In A Capital Penalty Phase Trial: An Examination Of How To Reduce Jurors' Death Sentence Decisions, Klaudia Zuraw
Student Theses
The present research explores whether inducing empathy in death-qualified mock jurors leads to fewer death sentences in a penalty phase trial. Previous research has shown that inducing empathy in jurors leads to lesser sentences and perceived responsibility of the perpetrator for the crime. However, none of this research has examined death penalty cases, and most have focused on instances where the victim was also the perpetrator of a separate crime against the defendant (e.g., abuse). Extending this line of research, the present study examines whether these results extend to instances where the perpetrator and victim are strangers. Additionally, considering the …
Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters
Traumatized Defendants, Troubled Attorneys: The Impact Of Vicarious Trauma On The Defense Attorney-Client Relationship, Charise Peters
Student Theses
Approximately 90% of justice-involved youth have experienced some form of trauma by the time they become involved in the justice system, and attorneys report being negatively impacted by their work with trauma-exposed populations generally. Yet, research has not focused on how varying degrees of youth trauma can impact attorney decisions and if that differs based on youth race. This study, therefore, explored vicarious trauma and its impact on juvenile defense attorneys, including how an attorney’s experience of vicarious trauma impacts case handling and perception of their youth client and how that differs based on client race and trauma history. We …
Perception Of Police And The Mediation Of Memory Distortion Via Trauma: Body Worn Camera Footage Of An Emotional Police-Citizen Encounter, Arlyn Abreu
Student Theses
This present study calls to question the objectivity of police body-worn camera (BWC) footage. Proponents assume that BWCs will be a panacea in a climate of heightened tensions between officers and communities. In spite of this, our findings challenge the rhetoric, and the purpose BWC is intended to serve. We explored its implications on memory distortion by posing two questions (a) can people come to remember BWC footage as more traumatic than they initially experienced (b) to what degree can external information and internal influences impact peoples' judgment about a traumatic event. We addressed both questions in this two-part study, …
Conceiving Consistency: Giving Birth To A Uniform "Best Interests Of The Child" Standard, Victoria L. Pepe
Conceiving Consistency: Giving Birth To A Uniform "Best Interests Of The Child" Standard, Victoria L. Pepe
Hofstra Law Review
The article address the lack of consistency surrounding the best interests of the child (BIOTC) standard as it has been used in child legal custody adversarial proceedings. It mentions lack of consistency surrounding the BIOTC standard as it has been used in child legal custody adversarial proceedings. It also mentions need to incorporate child welfare data from across the U.S., legal scholarship, and case law to determine which state factors or tests.
Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella
Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella
William & Mary Bill of Rights Journal
Filing tax returns or applying for unemployment benefits are some of the most common government transactions. Yet interacting with tax and social security authorities is for many a source of government anxiety. Bureaucracy, regulatory delays, and the complexity of the administrative legal system have been regarded for decades as the key reasons for this problem. Digital government promised a solution in the shape of simplified forms, electronic filing, and better communication with citizens. In the United States, privately developed software systems such as TurboTax and MiDAS emerged as intermediaries between citizens and digital government, selling convenience and efficiency. These systems …
Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter
Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter
Michigan Journal of Race and Law
“African people have produced the same general types of institutions for understanding and ordering their worlds as every other group of human beings. Though this should be obvious, the fact that we must go to great lengths to recognize and then demonstrate it speaks to the potent and invisible effect of the enslavement and colonization of African people over the last 500 years.” – Greg Carr
Carceral Intent, Danielle C. Jefferis
Carceral Intent, Danielle C. Jefferis
Michigan Journal of Race and Law
For decades, scholars across disciplines have examined the stark injustice of American carceralism. Among that body of work are analyses of the various intent requirements embedded in the constitutional doctrine that governs the state’s power to incarcerate. These intent requirements include the “deliberate indifference” standard of the Eighth Amendment, which regulates prison conditions, and the “punitive intent” standard of due process jurisprudence, which regulates the scope of confinement.
This Article coins the term “carceral intent” to refer collectively to those legal intent requirements and examines critically the role of carceral intent in shaping and maintaining the deep-rooted structural racism and …
Abusing Discretion: The Battle For Childhood In Schools, Hannah Dodson
Abusing Discretion: The Battle For Childhood In Schools, Hannah Dodson
Michigan Journal of Race and Law
For too many children the schoolhouse doors become a point of entry into the criminal justice system. Children of color are the most likely to suffer from this phenomenon. The presence of policing in schools is a key contributor to this “school-to-prison pipeline.” This Note argues that broad, discretionary mandates for school resource officers (SROs) promote biased law enforcement that impacts Black girls in different and specific ways. I contend that SRO mandates can be effectively limited by strategically bolstering community organizing efforts with impact litigation.
The Role Of Investment Treaties And Investor–State Dispute Settlement (Isds) In Renewable Energy Investments, Ladan Mehranvar, Sunayana Sasmal
The Role Of Investment Treaties And Investor–State Dispute Settlement (Isds) In Renewable Energy Investments, Ladan Mehranvar, Sunayana Sasmal
Columbia Center on Sustainable Investment
Achieving our global goals of universal access to clean energy and averting a climate crisis will require a mass scale-up of investments in renewable energy infrastructure, redirecting capital from carbon intensive energy and transport systems. The International Renewable Energy Agency estimates that the transformation of the energy system alone will need cumulative investments to reach USD 110 trillion by 2050 to keep the rise in global temperatures to well below 2°C and towards 1.5°C during this century. Of that amount, over 80% will need to be invested in renewables, energy efficiency, end-use electrification, and power grids and flexibility.
The private …