The Misguided Use Of The Harvard/Unc Ruling To Thwart Law Firm And Other Private Employer Dei Efforts, 2024 Saint Louis University School of Law
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 …
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, 2024 Alexander Blewett III School of Law at the University of Montana
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn
Student Scholarship
A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, 2024 St. Mary's University
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
The Scholar: St. Mary's Law Review on Race and Social Justice
We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …
Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, 2024 Cleveland State University College of Law
Brief Of Professors Of Law, Business, And Economics As Amici Curiae In Support Of Appellees And Affirmance, Christopher L. Sagers, Robert K. Shelquist
Law Faculty Briefs and Court Documents
No abstract provided.
Judicial Libraries As Predictors For Effective Administration Of Justice In Nigeria, 2024 University of Port Harcour, Port Harcourt, Nigeria
Judicial Libraries As Predictors For Effective Administration Of Justice In Nigeria, Emmanuel Owushi
Library Philosophy and Practice (e-journal)
The study examined judicial libraries as predictors for effective administration of justice in Nigeria. The population involved all legal practitioners and legal educators in Nigeria. 4000 respondents were sampled. Due to unavailability of the population at the time of the study, the adopted convenience sampling technique to sample 4000 respondents across legal professional bodies in Nigeria. A structured questionnaire titled ‘Use of Judicial Library and Administration of Justice Scale’ was used for data collection. The questionnaire was structured with the 4-point Likert scale response style, designed on Google form and distributed to the respondents via various social media platforms. A …
Are They All Textualists Now?, 2024 Northwestern Pritzker School of Law
Are They All Textualists Now?, Austin Peters
Northwestern University Law Review
Recent developments at the U.S. Supreme Court have rekindled debates over textualism. Missing from the conversation is a discussion of the courts that decide the vast majority of statutory interpretation cases in the United States—state courts. This Article uses supervised machine learning to conduct the first-ever empirical study of the statutory interpretation methods used by state supreme courts. In total, this study analyzes over 44,000 opinions from all fifty states from 1980 to 2019.
This Article establishes several key descriptive findings. First, since the 1980s, textualism has risen rapidly in state supreme court opinions. Second, this rise is primarily attributable …
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, 2024 Alexander Blewett III School of Law at the University of Montana
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark
University of Cincinnati Law Review
No abstract provided.
Revisiting Compassionate Release: The Sentencing Commission’S Compassionate Changes To The 2023 Compassionate Release Policy Statement, 2024 Cleveland State University College of Law
Revisiting Compassionate Release: The Sentencing Commission’S Compassionate Changes To The 2023 Compassionate Release Policy Statement, Rachel Wilson
Cleveland State Law Review
Compassionate release is a well-established exception to the Sentencing Reform Act’s requirement that a defendant’s sentence not be reduced after its final imposition. The Act requires the Sentencing Commission, through policy statement, to describe “extraordinary and compelling reasons” warranting compassionate release. However, the Sentencing Commission’s failure to convene as a quorum for nearly four years precluded any policy statement updates. In that time, the COVID-19 pandemic and the Bureau of Prisons’ internal issues further complicated the compassionate release process. This Note analyzes the 2023 amendment to the compassionate release policy statement, its potential implications, and suggests additional steps to be …
Protecting Our Pups At All Costs:Why Dogfighting Cases Require A Mandatory Restitution Assessment, 2024 Cleveland State University College of Law
Protecting Our Pups At All Costs:Why Dogfighting Cases Require A Mandatory Restitution Assessment, Ayah Ighneim
Cleveland State Law Review
This Note recommends that Congress acknowledge the dangers behind dogfighting by updating the federal mandatory restitution statute to include “animals” within the definition of a “victim” eligible to receive restitution and by updating federal animal-cruelty laws. This recommendation stems from the popularization of dogfighting in the twenty-first century. Specifically, this Note articulates the link between the prevalence of dogfighting in America and the lack of deterrence targeted toward dogfighting in America. This Note then argues that this lack of deterrence is a result of the lack of Congressional guidance within both the federal restitution statute and within federal animal-cruelty laws. …
The Play’S The Thing: A Response To Judge Benjamin Beaton, 2024 Pepperdine University
The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat
Pepperdine Law Review
In a recent speech, later published as an essay, the Hon. Benjamin Beaton of the United States District Court for the Western District of Kentucky shared his critical suggestions against the use of the honorific “Your Honor,” preferring instead the more neutral title “judge.” Judge Beaton’s reason for this preference stems from a fear that the current practice of judicial titles emphasizes status over function, which may inflate the individual judge’s ego while miscommunicating to the public that judges make, rather than find, law. This position, however, is misguided. Judicial titles emphasize the authority of the law through the authority …
The Damage Caused By The Procedural Defect Of Upholding Invalidity In The Jordanian Shariah Courts, 2024 طالبة دكتوراه/ جامعة العلوم الإسلامية العالمية
The Damage Caused By The Procedural Defect Of Upholding Invalidity In The Jordanian Shariah Courts, منال الرشيدي
Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات
The damage was verified by the procedural defect in order to uphold invalidity in the Jordanian Sharia courts
Damage is the effect resulting from the existence of a defect or violation in the procedural work, and the affected party has the right to uphold it, and it is one of the most important legal problems that legal legislators must address when drafting laws. As a result of a defect in one of the procedures, and who is the owner of the right to uphold it, it also aims to identify the articles that dealt with realizing damage as the purpose …
Precautionary Measures At The Execution Judge In The Jordanian Sharia Courts: A Legal Jurisprudence Study, ميسر العفان, محمد السكر
Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات
This research dealt with the precautionary measures that the execution judge resorts to in the Jordanian Sharia courts, with what is entrusted to him from the discretionary authority in the cases that fall within his competence, where the researcher proceeded to define the term precautionary measures in jurisprudence and law, and between its rooting and its validity in Islamic Sharia and positive law, then between the concept of discretionary authority, idiomatically and legally, then between the discretionary authority entrusted to the execution judge in jurisprudence and law, and then between the applied aspect in the precautionary measures entrusted to the …
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, 2024 Brooklyn Law School
Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam
Brooklyn Law Review
Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …
Accountability Courts In Georgia: Judges In The State Of Georgia Explain How They Have Been Empowered By Visionary Political And Judicial Leaders To Tackle Crime, Prison Population, Mental Illness, And Drug Dependency Through Service In Accountability Courts, 2024 Mercer University School of Law
Accountability Courts In Georgia: Judges In The State Of Georgia Explain How They Have Been Empowered By Visionary Political And Judicial Leaders To Tackle Crime, Prison Population, Mental Illness, And Drug Dependency Through Service In Accountability Courts, W. James Sizemore Jr.
Mercer Law Review
Georgia leads the way nationally when it comes to promoting and funding the expansion of accountability courts (commonly called drug courts or mental health courts). The fact that the effort to expand such courts in Georgia was spearheaded by Republican Governor Nathan Deal is surprising to some. This article provides a peek behind the curtain at the massive judicial and political effort to make accountability courts an essential part of criminal justice reform in the State of Georgia.
The article begins with a brief look at the history of accountability courts in Georgia, specifically focusing on several Superior Court Judges …
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, 2024 West Virginia University College of Law
Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …
In Celebration Of Black History Month, The New York State Supreme Court, Appellate Division, First Department Presents: A Fireside Chat, 2024 Yeshiva University, Cardozo School of Law
In Celebration Of Black History Month, The New York State Supreme Court, Appellate Division, First Department Presents: A Fireside Chat, Benjamin N. Cardozo School Of Law
Flyers 2023-2024
No abstract provided.
Jarkesy V. Sec: Are Federal Courts Pushing The U.S. Toward The Next Financial Crisis?, 2024 Pepperdine University
Jarkesy V. Sec: Are Federal Courts Pushing The U.S. Toward The Next Financial Crisis?, Jennifer Hill
Pepperdine Law Review
In the wake of both the Great Depression and the Financial Crisis of 2008, Congress established and expanded the powers of the Securities and Exchange Commission (SEC). As part of this expansion, the SEC in-house administrative proceedings, designed to adjudicate SEC violations before the SEC’s administrative law judges (ALJs), were born. These in-house proceedings have faced multiple constitutional attacks in the past decade. In the most recent iteration of such challenges, Jarkesy v. SEC, the Fifth Circuit held that the SEC’s in-house proceedings were unconstitutional on three grounds: (1) the in-house proceedings deprived petitioners of their constitutional right to jury …
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, 2024 Villanova University Charles Widger School of Law
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
Virtual Technology And The Changing Rituals Of Courtroom Justice, 2024 Chicago-Kent College of Law
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, 2024 Chicago-Kent College of Law
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.