Law Commons^™

Salvaging The Speaker Clause: The Constitutional Case Against Nonmember Speakers Of The House, Tanner Wadsworth, Kade Allred, Adam Reed Moore

University of Pennsylvania Journal of Constitutional Law

As the Founding generation understood the word, “Speaker” meant an elected member of the House. Yet modern representatives nominate non-House-members for the speakership—and many argue the practice is constitutional. To correct this constitutional drift, this Article closely analyzes the text of the Speaker Clause, the structure of the Constitution, and 700 years of history and tradition to show that the Constitution requires the Speaker of the House to be a member of the House. It also considers the practicalities of correcting this drift. If, as this Article argues, the Constitution bars nonmembers from the speakership, who can enforce that rule, …

Law Library Blog (April 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Commodification Of Children And The Poor, And The Theory Of Stategraft, Daniel L. Hatcher

All Faculty Scholarship

Across the country, human service agencies, juvenile and family courts, prosecutors, probation departments, police officers, sheriffs, and detention and treatment facilities are churning impoverished children and adults through revenue operations with starkly disproportionate racial impact. Rather than being true to their intended missions of improving welfare and providing equal justice for vulnerable populations, the institutions are mining them with extractive practices that are harmful, unlawful, unconstitutional, and unethical. This Essay considers such commodification schemes under the lens of Professor Bernadette Atuahene’s excellent and important theory of stategraft. The examples discussed provide support for Atuahene’s theory, and this Essay simultaneously urges …

Gambling In Territorial Hawaii, Robert M. Jarvis

University of Pennsylvania Asian Law Review

This article collects and discusses gambling cases decided during Hawaii’s territorial period (1898–1959). Previous commentators have overlooked these decisions, even though they provide a rich source of information about life during this distinct period of Hawaii’s history.

Mississippi's Contribution To Informing The Push For Federal Legislation, Nolan G. Forthaus

SLU Law Journal Online

The NIL (Name, Image, and Likeness) legislation landscape is rapidly evolving, affecting how college athletes can profit from their NIL. While college athletes nationwide can now benefit from their NIL, state laws play a crucial role. Under the interim policy, college athletes attending schools in states with active NIL laws must comply with those state laws and any institutional and conference policies. The interim policy remains in effect until federal legislation or new NCAA rules are adopted. The state laws of Mississippi can help inform the federal push for a NIL bill.

“White Collar Crime” Is A Euphemism To Abandon, Anthony J. Meyer

SLU Law Journal Online

Although the phrase “white collar crime” is ubiquitous among lawyers, it is a euphemism that creates an arbitrary distinction among crimes and perpetuates an upper-class bias for certain types of criminal conduct while simultaneously denigrating others. The phrase further performs a problematic social signaling function, including by expressly invoking “whiteness.” On balance, the phrase should be abandoned and replaced with one that either creates a meaningful distinction or leads to more inclusiveness in the legal practice.

The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, Ronald A. Norwood

SLU Law Journal Online

This article explores the Harvard/UNC ruling and what, in the author’s view, is the misguided efforts by certain political and well-financed private actors to use that ruling to justify the eradication of private employers and law firm DEI efforts. It is the author’s firm belief that because the Supreme Court’s holding is limited to an analysis of the Constitution’s Equal Protection clause (limited to state actors) and Title VI (covering private actions receiving federal funding), that ruling should not be used by courts to quash DEI programs designed to level the employment playing field for minorities, women and other protected …

Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox

SLU Law Journal Online

In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.

Original Understanding, Punishment, And Collateral Consequences, Brian M. Murray

University of Pennsylvania Journal of Constitutional Law

Can Founding-era understandings of punishment limit the reach of punitive state activity, specifically with respect to automatic collateral consequences? This Article begins to tackle that question. For over a century, the Supreme Court has struggled to define the boundaries of crime and punishment. Under current doctrine, a deprivation constitutes punishment when it furthers a legislatively assigned penal purpose. A retributive purpose is sufficient, whereas traditionally instrumentalist purposes, such as deterrence, rehabilitation, or incapacitation, are not. Scholars have criticized this framework for several reasons, highlighting its jurisprudential assumptions, philosophical confusion, historical inconsistency, unworkability, complexity, and failure to reflect the essentially punitive …

Rules For Robots: Constitutional Challenges With The Ai Bill Of Right's Principles Regulating Automated Systems, Melany Amarikwa

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Why The Multilateral Investment Court Is A Bad Idea For Africa, Akinwumi Ogunranti

Dalhousie Law Journal

The UNCITRAL Working Group III (WG III) is discussing procedural reforms in the investor state dispute settlement system (ISDS). The ISDS framework is criticized on various grounds, including arbitrator bias, lack of transparency, and inconsistent arbitral decisions. One of the recent reform proposals before the WG III is the possibility of a multilateral investment court (MIC). This proposal is championed by European Union states and supported by Canada. The proposal recommends replacing ISDS’ Ad hoc investment tribunals with an established and permanent court where states appoint judges. This paper examines the MIC reform option and argues that replacing the ISDS …

The Miller Trilogy, Jones, And The Future Of Juvenile Sentencing And Constitutional Interpretation In The Post-Jones America, Gabriela Seguinot

Senior Theses and Projects

The United States is an outlier in juvenile sentencing practices, often subjecting youth offenders to extreme and lengthy punishments. While the Supreme Court over the past two decades has been slowly narrowing the nation’s use of such sentences against children through a series of cases known as the Miller Trilogy, this progress came to a sudden halt in the 2021 case of Jones v. Mississippi. However, in surprising turn of events, the Supreme Court’s recent national display of restraint has not stopped sentencing reform efforts in the states. Contrary to the current Supreme Court, states in the U.S. have …

Content Moderation And The Least Cost Avoider, Paul Rosenzweig

Joint PIJIP/TLS Research Paper Series

No abstract provided.

State Constitutional Limitations To Cities Taxing The Digital Economy, Lauren Shores Pelikan

Faculty Publications

The digital economy’s rapid evolution, most recently with the rise of artificial intelligence, demands a reevaluation of state constitutional limitations on local taxation of digital transactions. Citizens have long feared excessive or unfair tax burdens, hence the adoption of constitutional amendments that prohibit legislators from increasing taxes or imposing new taxes without a public vote. However, these constitutional limitations are now preventing cities from taxing digital transactions that are taking over the economy. This is a serious financial problem for cities whose traditional sources of tax revenue, such as sales taxes and property taxes, are dwindling due to the digitalizing …

Show And Tell, Liam Mchugh-Russell

Dalhousie Law Journal

...to break the rules wisely, you have to know the rules well.

–Le Guin, Steering the Craft

I finished my doctorate in June of 2019. Most of my waking hours that late summer and early fall were spent writing and rewriting cover letters, teaching statements, and research agendas (and equity statements, long CVs, short CVs, etc.)—all the variegated materials demanded from applicants to tenure-track positions in North American law faculties. Writing those materials, and integrating the feedback on early drafts that I received from a host of generous peers and colleagues, became an accidental study in the principal subtext of …

An Absent "No" Is Not A "Yes": A Legal Analysis Of Consent In Japan's Amended Penal Code And International Rape Legislation Standards, Larissa Truchan

University of Pennsylvania Asian Law Review

On June 16, 2023, the Japanese government passed a law to partially amend the Penal Code that explicitly outlines eight scenarios prosecutable as the crime of rape that make “it difficult for the victim to form, express, or fulfill the intention not to consent.” This article will reveal that the June 2023 amendment does not criminalize all “non-consensual sexual intercourse,” as its text suggests, but is premised on defining coercive circumstances that may interfere with a victim’s presumed duty to demonstrate their “intention not to consent.” As a result, Japanese courts will continue to possess the subjective power to determine …

Protecting Humanity's Cradle Of Civilization: Advancing The Right To Self-Determination For Indigenous Peoples In The Middle East & South Caucasus, Lisabelle Panossian

Northwestern Journal of Human Rights

During this paper’s drafting, an indigenous people’s independent government collapsed. For over thirty years, the Republic of Artsakh was a de facto independent region inside the internationally-recognized borders of Azerbaijan. The region comprised of an indigenous Armenian majority—until September 2023. In December 2022, Azerbaijani authorities blocked the only road that connected Nagorno-Karabakh to the outside world. This blockade resulted in shortages of food, medical supplies, and fuel, the severity of which was especially felt during a harsh winter.

After experiencing starvation and preventable medical complications under a nine month-long blockade, the Azerbaijani government launched a military incursion on the Republic …

St. Mary's University School Of Law Papers, 1927- 2013, St. Mary's University

Finding Aids

No abstract provided.

Contents, North Carolina Civil Rights Law Review

North Carolina Civil Rights Law Review

No abstract provided.

The Price Of Parenthood, David Baloche

North Carolina Civil Rights Law Review

No abstract provided.

Minding The Gap: An Introduction To Empirical Critical Race Scholarship And Complexity Science (With Resources On Agent-Based Modeling), Kevin P. Lee

North Carolina Civil Rights Law Review

No abstract provided.

Abdicating Judicial Independence: Expanding The State Secrets And Deliberative Process Privileges To Bury National Security Abuses Of Civil Liberties, Eric K. Yamamato, Sarah M. Kelley

North Carolina Civil Rights Law Review

No abstract provided.

Inadequate Diabetes Care In Correctional Facilities & The Need For Relief Under The Ada And Section 504, Lauren Hubbard

North Carolina Civil Rights Law Review

No abstract provided.

An Ever-Narrowing Divide: Morality And Decriminalizing Sex Work In North Carolina, Mallory Verez

North Carolina Civil Rights Law Review

No abstract provided.

Addressing Student Cell Phone Searches Conducted By School Officials In North Carolina: Wilson County Schools Policy 4342, Michael G. Whitfield Jr.

North Carolina Civil Rights Law Review

No abstract provided.

Domino Effect: How Scalia Lives On Through The Controversial Texas Immigration Law And Which States Are Itching To Pull The Trigger, Kristin Hommel

Immigration Law Blog

This article examines Texas’s immigration enforcement law, SB 4, and the Supreme Court’s surprising ruling overturning the injunction which prohibited its enforcement. This article posits that SB 4 is by no means a “lone wolf,” but rather is the latest in a series of state laws which seek, quietly or boldly, to take immigration into the state’s hands.

Controlling The Narrative: The Effects Of Media Coverage On Fear Of Crime And Socio-Political Ideology, Andrew Koppelman

Theses

Several decades of study have established an understanding that media have a unique power to influence the perspectives and worldviews of audiences. This phenomenon has been explored through the lenses of Social Learning and Cultivation theory, wherein media appeal to base human tendencies of self-preservation and teaches audiences how to maximize rewards for their actions by acting as a sort of instructor or friendly warning from members of the community. While prior studies have suggested the presence of this effect, little research has been devoted to understanding the ways that this may influence behaviors in viewers. My research seeks to …

I Called For Help, And No One Answered: How Government Attorneys Still Lack Ethical Protection In Whistleblowing Loyalist-Adversarial Political Prosecutions, Robert Harry Saylor Iii

Hofstra Law Student Works

No abstract provided.

Use Of Artificial Intelligence-Based Tools By Lawyers In Criminal Advocacy, Jamie Bernstein

Hofstra Law Student Works

No abstract provided.