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That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick 2020 Fordham University

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going ...


Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje van der Woude 2020 Fordham University

Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude

Law

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government sponsored degradation, misery, and death. Crimmigrant Nationsexamines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer ...


Against The ‘Safety Net’, Matthew Lawrence 2020 Penn State Dickinson Law

Against The ‘Safety Net’, Matthew Lawrence

Matthew B. Lawrence

Jack Kemp and Ronald Reagan originated the ‘safety net’ conception of United States health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Essay deconstructs the ‘safety net’ metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the ‘safety net’ as ...


Call For Papers University Of Baltimore Law Review Spring Symposium: Applied Feminism And Privacy, 2020 University of Baltimore Law

Call For Papers University Of Baltimore Law Review Spring Symposium: Applied Feminism And Privacy

University of Baltimore Law Review

The Center on Applied Feminism at the University of Baltimore School of Law seeks paper proposals for the Twelfth Feminist Legal Theory Conference. We hope you will join us for this exciting conference on April 2 and 3, 2020. The theme is Privacy. As always, the conference focuses on the intersection of gender and race, class, gender identity, ability, and other personal identities.

We are at a critical time for a broad range of privacy issues. State level abortion bans have put a spotlight on the importance of decisional privacy to women’s equality. Across America, advocates are fighting for ...


Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria McKinley Bigelow, Kinsey Anderson 2020 Alexander Blewett III School of Law at the University of Montana

Equitable Hiring Policy In Higher Education At The University Of Montana, Victoria Mckinley Bigelow, Kinsey Anderson

Graduate Student Portfolios and In-House Papers

Higher Education; University of Montana; Equity; Hiring; University; College; Montana; Missoula; Public Administration; Organization; Missoula; Diversity; Women; Policy


Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?, Melanie Navarro 2020 University of California, Hastings College of the Law

Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?, Melanie Navarro

Hastings Communications and Entertainment Law Journal

Football is America’s pastime. Over one hundred million people tuned in to watch this year’s Super Bowl. Sundays during football season are spent in front of a television rooting for our favorite teams. Football has been an integral part of American culture for over 120 years. But in recent years, football has lost yardage. Information regarding the causal link between head injuries on the football field and degenerative brain diseases has come to light. Thousands of former National Football League (“NFL”) players took part in a highly publicized class-action lawsuit against the league. Players alleged that the NFL ...


Corruption And College Sports: A Love Story, Andrea Cristiani Closa 2020 University of California, Hastings College of the Law

Corruption And College Sports: A Love Story, Andrea Cristiani Closa

Hastings Communications and Entertainment Law Journal

College sports are a staple of American tradition, bringing in hundreds of millions of viewers each year. Fans from all over the country root for their team’s success and hope they will be the ones to take home the national championship each year. Increasingly, however, college sports have been in the public eye for a very different reason: corruption. The National Collegiate Athletics Association’s (“NCAA”) Amateurism Rule, which prohibits student-athletes from receiving compensation, has contributed to this ongoing corruption. The NCAA insists upon its student-athletes remaining amateurs, even though its own rule is damaging the integrity of college ...


Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein 2020 University of California, Hastings College of the Law

Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein

Hastings Communications and Entertainment Law Journal

The FCC Fairness Doctrine required that all major broadcasting outlets spend equal time covering both sides of all controversial issues of national importance. The Fairness Doctrine remained the standard for decades before it stopped being enforced during the Reagan administration, and was removed from the Federal Register during the Obama administration. Since the Fairness Doctrine’s disappearance, the perception by conservatives and progressives alike has been that major media outlets display overt biases towards one political affiliation or the other. As it becomes harder to determine real news from “fake news,” Americans’ trust in media is at an all-time low ...


Forum Delegation: The Birth And Transposition Of A New Approach To Public Forum Doctrine, Brett Johnson, Shane C. Epping 2020 University of California, Hastings College of the Law

Forum Delegation: The Birth And Transposition Of A New Approach To Public Forum Doctrine, Brett Johnson, Shane C. Epping

Hastings Communications and Entertainment Law Journal

This paper introduces and explores the concept of forum delegation: the power of government officials to suggest which forums to allow speakers to use. The concept is born out of a recent legal battle between the University of Minnesota and conservative speaker Ben Shapiro, in which the UMN required Shapiro to speak in a venue away from the heart of campus due to concerns over the school’s ability to provide adequate security for the event. The paper first analyzes the UMN case to assess the constitutionality of forum delegation in the context of regulating speech and public universities. Next ...


The Belt-And-Suspenders Canon, Ethan J. Leib, James J. Brudney 2020 Fordham University School of Law

The Belt-And-Suspenders Canon, Ethan J. Leib, James J. Brudney

Faculty Scholarship

This Essay christens a new canon into the doctrines of statutory interpretation, one that can counter the too-powerful canon that has courts imposing norms against redundancy in their readings of statutes. Judges engaging in statutory interpretation must do a better job of recognizing how and why legislatures choose not to draft with perfect parsimony. Our Essay highlights the multifarious ways legislatures in federal and state governments self-consciously and thoughtfully – rather than regrettably and lazily – think about employing “belt-and-suspenders” efforts in their drafting practices. We then analyze in depth courts’ disparate efforts to integrate a belt-and-suspenders canon into their thinking about ...


Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


From The Editor, Anushri Mehta 2020 University of California, Hastings College of the Law

From The Editor, Anushri Mehta

Hastings International and Comparative Law Review

No abstract provided.


Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla 2020 University of California, Hastings College of the Law

Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla

Hastings International and Comparative Law Review

No abstract provided.


Please, Hear My Cry: Judicial Interpretation Of Children’S Human Rights Under The Jurisprudence Of The Inter-American Court Of Human Rights, Áquila Mazzinghy 2020 University of California, Hastings College of the Law

Please, Hear My Cry: Judicial Interpretation Of Children’S Human Rights Under The Jurisprudence Of The Inter-American Court Of Human Rights, Áquila Mazzinghy

Hastings International and Comparative Law Review

This research analyzed human rights violations against the children of the American continent over the past four decades, with a focus on the Latin American states. The research concentrated on the following crimes committed against children: extra-judicial killing, torture, sexual molestation, rape and forced disappearance. It analyzed, compared and organized over 60 judicial cases from the Inter-American Court of Human Rights. The overall research objective was to scrutinize the Court’s judicial interpretation of children’s human rights through direct consideration of the sentences’ text. To perform this objective, this research identified patterns of conduct in state violations of children ...


Italy-Libya Memorandum Of Understanding: Italy’S International Obligations, Elisa Vari 2020 University of California, Hastings College of the Law

Italy-Libya Memorandum Of Understanding: Italy’S International Obligations, Elisa Vari

Hastings International and Comparative Law Review

No abstract provided.


Translational Ecology And Environmental Law, Robert W. Adler 2020 University of Utah, S.J. Quinney College of Law

Translational Ecology And Environmental Law, Robert W. Adler

Utah Law Faculty Scholarship

Translational ecology is a comparatively new approach to the pursuit of ecology and other environmental sciences, the implications of which for environmental law have not previously been explored significantly. Emulating the concepts of translational medicine, proponents of transactional ecology seek to increase the relevance of their research to important environmental problems by improving how effectively they communicate research results to end users of that science, collaborating with those end users to identify research that is “actionable” rather than purely “curiosity-driven” or theoretical, recognizing that values as well as science have a legitimate role in environmental decisions, and engaging in ongoing ...


Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith 2020 Fordham University School of Law

Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith

Faculty Scholarship

Efficient contracting depends upon imposing risk on the party with superior access to information. Yet the parties in mergers and acquisitions transactions now commonly use Representation and Warranty Insurance (“RWI”) to shift this risk to a third-party insurer. Because liability and trust go together, RWI would seem to give rise to a credible commitment problem between the transacting parties, and it raises adverse selection and moral hazard problems for the insurer.

This paper examines the emergence of RWI, focusing on three interrelated questions. First, how does RWI affect transactions?Second, why do transacting parties use RWI? And third, why do ...


Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett 2020 University of Oklahoma College of Law

Jury Trial Disparities Between Class Actions And Shareholder Derivative Actions In State Courts, Ann M. Scarlett

Oklahoma Law Review

No abstract provided.


Into The Weeds Of The Newest Field In Employment Law: The Oklahoma Medical Marijuana Act, Brennan T. Barger 2020 University of Oklahoma College of Law

Into The Weeds Of The Newest Field In Employment Law: The Oklahoma Medical Marijuana Act, Brennan T. Barger

Oklahoma Law Review

No abstract provided.


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