Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (3)
- Constitutional Law (3)
- Fourteenth Amendment (3)
- Administrative Law (2)
- Courts (2)
-
- First Amendment (2)
- Jurisdiction (2)
- Jurisprudence (2)
- Law and Politics (2)
- Law and Society (2)
- Legislation (2)
- Litigation (2)
- Military, War, and Peace (2)
- State and Local Government Law (2)
- Supreme Court of the United States (2)
- Agency (1)
- Business Organizations Law (1)
- Contracts (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Disability Law (1)
- Evidence (1)
- Family Law (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Immigration Law (1)
- Intellectual Property Law (1)
- International Humanitarian Law (1)
- Keyword
-
- Criminal Law; Veterans Law; Veterans Rights; Problem-Solving Courts; Veterans Treatment Courts; Theraputic Justice; rehabilitation; law and society; collateral consequences; criminal record (1)
- Family integrity; due process; adoption; constitution; constitutional right; strict scrutiny; emergency removal; emergency removal exception; parenting; parental rights; child; children; children's bureau; child welfare; custody; abuse; child abuse; Child Protective Services; CPS; Administration for Children's Services; ACS; neglect; neglect of a child; Child Abuse Prevention and Treatment Act; CAPTA; Central Register of Child Abuse; Fourteenth Amendment; family law; child's best interest child custody; Tenenbaum v. Williams; Doe v. Kearney; Jane Crow; law; policy (1)
- Inc. v. Comer; Republican Party of Pennsylvania v. Boockvar (1)
- Ltd. v. Colorado Civil Rights Commission; Espinoza v. Montana Department of Revenue; Trinity Lutheran Church of Columbia (1)
- Ninth Circuit; protective order; First Amendment; litigation; public policy; more than tangential; Center for Auto Safety; motion to seal; court records; open proceedings; open court; right to know; public access (1)
-
- Roberts Court; Politics; Legitimacy; State Courts; State Constitutions; institutions; Supreme Court; Liberal; Conservative; Judicial Review; Masterpiece Cakeshop (1)
- VA; Veteran's Affairs; veteran; caregiver; The Program of Comprehensive Assistance for Family Caregivers; PCAFC; due process; Fourteenth Amendment; disability; service-connected; Caregiver Support Coordinator; CSC; Wilkie; CHAMPVA; care team; law; policy (1)
Articles 1 - 6 of 6
Full-Text Articles in Civil Procedure
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Journal of Law and Policy
American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …
The Roberts Court, State Courts, And State Constitutions: Judicial Role Shopping, Ariel L. Bendor, Joshua Segev
The Roberts Court, State Courts, And State Constitutions: Judicial Role Shopping, Ariel L. Bendor, Joshua Segev
Journal of Law and Policy
In this Article we reveal a dual dilemma, both material and institutional, that the Supreme Court in its current composition faces when reviewing liberal state court decisions based on the state constitution. The Article further describes substantive and procedural tactics that the Court adopts to address this dilemma, and illustrates the arguments by analyzing a number of recent Supreme Court decisions. The two dilemmas, the combination of which serve as a “power multiplier,” of sorts, have arisen following the last three appointments to the Supreme Court, which resulted in a solid majority of conservative Justices nominated by Republican presidents. One …
“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias
“More Than Tangential”: When Does The Public Have A Right To Access Judicial Records?, Jordan Elias
Journal of Law and Policy
Public accountability requires open proceedings and access to documents filed with the courts. The strong policy favoring access to judicial records creates a presumption against sealing documents without a compelling reason. The Ninth Circuit Court of Appeals recently held that this presumption of access arises when a proceeding relates “more than tangentially” to the merits. This is a low standard under which many types of motions qualify for the compelling reasons test. With too much litigation occurring in secret, courts can use the “more than tangential” standard proactively to keep electronic case dockets available to citizens.
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan
Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan
Journal of Law and Policy
For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what to do.” What exactly is it …
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte
Journal of Law and Policy
Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Fortifying The Rights Of Unauthorized Immigrant Workers: Why Employee-Focused Incentives Under The Nlra Would Help End The Cycle Of Labor Rights Abuse, Caitlin E. Delaney
Journal of Law and Policy
Over the past several decades, there has been an unmistakable tension between labor law and immigration law in the United States. That tension, addressed by the Supreme Court most recently in 2001, still exists for unauthorized immigrant workers who wish to assert their labor rights under the National Labor Relations Act (NLRA). While the Obama Administration has made significant strides in easing the concerns that unauthorized immigrant workers may have before filing an NLRA claim, the unavailability of the back pay remedy and the uncertainty of protection from immigration authorities leave little incentive for such workers to assert their labor …