Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Supreme court (2)
- Access to Justice (1)
- Administrative law (1)
- Administrative state (1)
- Agency rule (1)
-
- Antitrust (1)
- Antitrust law (1)
- Antitrust reform (1)
- Antitrust regulation (1)
- Appeals (1)
- Assertion (1)
- Baseball (1)
- Block.one (1)
- Blockchain (1)
- Civil Practice (1)
- Civil Procedure (1)
- Common Law (1)
- Common law (1)
- Conduct (1)
- Congress (1)
- Consent Order (1)
- Contemporary judicial morality (1)
- Criminal Procedure (1)
- Crypto (1)
- Cryptocurrency (1)
- Curt flood act (1)
- Decentralization (1)
- Declarant (1)
- Define (1)
- Definitions (1)
Articles 1 - 9 of 9
Full-Text Articles in Legal Profession
Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner
Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner
Dickinson Law Review (2017-Present)
Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …
Assertion And Hearsay, Richard Lloret
Assertion And Hearsay, Richard Lloret
Dickinson Law Review (2017-Present)
This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct one …
Mirror, Mirror, On The Wall—Biased Impartiality, Appearances, And The Need For Recusal Reform, Zygmont A. Pines
Mirror, Mirror, On The Wall—Biased Impartiality, Appearances, And The Need For Recusal Reform, Zygmont A. Pines
Dickinson Law Review (2017-Present)
The article focuses on a troubling aspect of contemporary judicial morality.
Impartiality—and the appearance of impartiality—are the foundation of judicial decision-making, judicial morality, and the public’s trust in the rule of law. Recusal, in which a jurist voluntarily removes himself or herself from participating in a case, is a process that attempts to preserve and promote the substance and the appearance of judicial impartiality. Nevertheless, the traditional common law recusal process, prevalent in many of our state court systems, manifestly subverts basic legal and ethical norms.
Today’s recusal practice—whether rooted in unintentional hypocrisy, wishful thinking, or a pathological cognitive dissonance— …
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr
A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr
Dickinson Law Review (2017-Present)
Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.
To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a fact-intensive …
Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm
Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm
Dickinson Law Review (2017-Present)
In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.
Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not …
Pro Se Appellants: Opportunities For Law Libraries, Liz Reppe
Pro Se Appellants: Opportunities For Law Libraries, Liz Reppe
Dickinson Law Review (2017-Present)
This article is part of the 2018 Dickinson Law Review Symposium entitled “Access to Justice: Innovations and Challenges in Providing Assistance to Pro Se Litigants.” The author is the state law librarian for Minnesota who reports to the Minnesota Supreme Court. This article surveys various resources that Minnesota provides to unrepresented clients, including the website resources found here: https://perma.cc/R2DP-K9YB. The bulk of the article, however, focuses on Minnesota’s innovative in-person “Appeals Self-Help Clinics.” See https://perma.cc/Y2VN-H2L3.
The article’s discussion of Minnesota’s Appeals Self-Help Clinics begins by highlighting some of the factors that provided the impetus for the development …
“Pfa” Record Expungement As A Tool For Settlement: Due Process And The Pennsylvania Protection From Abuse Act, Kyle Semroc
“Pfa” Record Expungement As A Tool For Settlement: Due Process And The Pennsylvania Protection From Abuse Act, Kyle Semroc
Dickinson Law Review (2017-Present)
The Pennsylvania Protection from Abuse Act (PFAA) empowers victims of domestic violence to obtain protection orders through a hearing process. Once the Protection from Abuse (PFA) process is initiated, a statewide registry system automatically generates a civil record. Currently, no statutory language governing the expungement of a PFA record exists in Pennsylvania, and courts have decided that a right to expungement exists only in limited circumstances. The courts are silent, however, on whether a protection order by consent of the parties with no admission of abuse is available for expungement.
This Comment begins by describing the procedure by which a …
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
Dickinson Law Review (2017-Present)
This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …
Keeping Up With Your Sister Court: Unpublished Memorandums, No-Citation Rules, And The Superior Court Of Pennsylvania, Logan Hetherington
Keeping Up With Your Sister Court: Unpublished Memorandums, No-Citation Rules, And The Superior Court Of Pennsylvania, Logan Hetherington
Dickinson Law Review (2017-Present)
As Pennsylvania’s intermediate appellate court of general jurisdiction, the Pennsylvania Superior Court decides thousands of cases each year. The vast majority of those cases are disposed of via unpublished memorandums. These unpublished memorandums are designated as non-precedential and may not be cited by parties before the Superior Court. As a result, litigants and their counsel may not even persuasively cite an unpublished memorandum in briefs or other papers submitted to the Court. Thus, if counsel finds an unpublished memorandum deciding the identical issue of the case at hand and counsel is before the Superior Court judge who authored that opinion, …