The Invisibility Of The American Emigrant, 2024 DePaul University
The Invisibility Of The American Emigrant, Laura Snyder
DePaul Journal for Social Justice
No abstract provided.
"I Can't Breath": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, 2024 University of Akron, School of Law
"I Can't Breath": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling
DePaul Journal for Social Justice
No abstract provided.
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, 2024 United States Air Force Academy
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell
DePaul Journal for Social Justice
No abstract provided.
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, 2024 DePaul University
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder
DePaul Journal for Social Justice
No abstract provided.
Letter To Our Readers, 2024 DePaul University, College of Law
Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents, 2024 DePaul University, College of Law
Table Of Contents, Mecca Wilkinson
DePaul Journal for Social Justice
No abstract provided.
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, 2024 University of Cincinnati College of Law
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder
University of Cincinnati Law Review
No abstract provided.
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, 2024 University of Cincinnati College of Law
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
University of Cincinnati Law Review
No abstract provided.
From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, 2024 Fordham University School of Law
From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin
Fordham Law Review
The Voting Rights Act of 1965 (“the Voting Rights Act”) is one of the primary vehicles by which plaintiffs receive injunctive relief ahead of elections. More specifically, § 2 of the Voting Rights Act allows plaintiffs to challenge gerrymandered maps before they are used in contentious elections. However, Justice Kavanaugh’s reframing of the Purcell doctrine in Merrill v. Milligan weakened § 2’s ability to interrupt the use of these maps. This Note discusses how Justice Kavanaugh’s interpretation of the Purcell doctrine recenters the doctrine on bureaucratic inconvenience rather than voter enfranchisement, restricting voters’ access to relief prior to elections. Furthermore, …
The Submerged Administrative State, 2024 Texas A&M University School of Law
The Submerged Administrative State, Gabriel Scheffler, Daniel E. Walters
Faculty Scholarship
The United States government is experiencing a reputation crisis: after decades of declining public trust, many Americans have lost confidence in the government’s capacity to perform its basic functions. While various explanations have been offered for this worrying trend, these existing accounts overlook a key factor: people are unfamiliar with the institutions that actually do most of the governing—administrative agencies—and they devalue what they cannot easily observe. The “submerged” nature of the administrative state is, we argue, a central reason for declining trust in government.
This Article shows that the administrative state is systematically submerged in two ways. First, administrative …
Volume 50, Issue Ii - Full Combined Issue, 2024 Notre Dame Law School
Volume 50, Issue Ii - Full Combined Issue
Journal of Legislation
No abstract provided.
Cover Page, Masthead, And Table Of Contents, 2024 Notre Dame Law School
Cover Page, Masthead, And Table Of Contents
Journal of Legislation
No abstract provided.
Interpretive Divergence In The New York Court Of Appeals, 2024 Notre Dame Law School
Interpretive Divergence In The New York Court Of Appeals, Ethan J. Leib
Journal of Legislation
This Article focuses attention on the New York Court of Appeals, which is decidedly formalist about contract interpretation but decidedly contextualist about statutory interpretation. It explores some recent exemplary cases to show where the New York Court of Appeals tends to land in what turns out to be, for this court at least, two different battlefields in the law of interpretation. Finding that there is “interpretive divergence” between statutory and contract cases, the Article then reflects on the practice of divergence more generally, revisiting assumptions about why anyone might have thought harmonization was sensible in the first place.
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, 2024 Notre Dame Law School
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford
Journal of Legislation
Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.
The History Of Bans On Types Of Arms Before 1900, 2024 Notre Dame Law School
The History Of Bans On Types Of Arms Before 1900, David B. Kopel, Joseph G.S. Greenlee
Journal of Legislation
This Article describes the history of bans on particular types of arms in America, through 1899. It also describes arms bans in England until the time of American independence. Arms encompassed in this article include firearms, knives, swords, blunt weapons, and many others. While arms advanced considerably from medieval England through the nineteenth-century United States, bans on particular types of arms were rare.
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, 2024 Notre Dame Law School
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino
Journal of Legislation
This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …
The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, 2024 Texas A&M University School of Law
The Perennial Eclipse: Race, Immigration, And How Latinx Count In American Politics, Rachel F. Moran
Faculty Scholarship
In 2016, the U.S. Supreme Court decided Evenwel v. Abbott, a case challenging the use of total population in state legislative apportionment as a violation of the Equal Protection Clause. The plaintiffs sued Texas, alleging that the State impermissibly diluted their voting power because they lived in areas with a high proportion of voting-age citizens. When total population was used to draw district lines, the plaintiffs had to compete with more voters to get their desired electoral outcomes than was true for voters in districts with low proportions of voting-age citizens. The Court rejected the argument, finding that states enjoy …
How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling, 2024 St. Mary's University
How Close Is Close Enough: A Step-By-Step Analysis To Resolve The Circuit Split Created By Misunderstanding The Spokeo Ruling, Cason Shipp
St. Mary's Law Journal
No abstract provided.
The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, 2024 Pepperdine University Rick J. Caruso School of Law
The Deception Of Student Athlete Protection: The Failures Of The Miller-Ayala Athlete Agents Act In The Age Of Nil, Matthew R. Hand
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Enhancing Public Access To Agency Law, 2024 Rutgers Law School
Enhancing Public Access To Agency Law, Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka, Orly Lobel
Articles
A just, democratic society governed by the rule of law requires that the law be available, not hidden. This principle extends to legal materials produced by administrative agencies, all of which should be made widely accessible to the public. Federal agencies in the United States do disclose online many legal documents—sometimes voluntarily, sometimes in compliance with statutory requirements. But the scope and consistency of these disclosures leaves considerable room for improvement. After conducting a year-long study for the Administrative Conference of the United States, we identified seventeen possible statutory amendments that would improve proactive online disclosure of agency legal materials. …