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Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos 2021 The University of San Francisco

Mental Health Outcomes Of Various Types Of Fear Among University Students Who Have An Undocumented Legal Status During The Donald Trump Presidency, Liliana Campos

Doctoral Dissertations

Having an undocumented legal status is a risk factor for mental health conditions such as depression and anxiety among university students. Much of the literature on the experiences of university students who hold an undocumented legal status has primarily focused on better understanding the educational, social, financial, and legal challenges among undergraduate students. The literature has addressed how some of these difficulties impact components of their social and mental health wellness. Yet, there is still a dearth of research focused on further understanding the experiences of students who hold an undocumented legal status from a psychological perspective, and specifically, with ...


The Odious Intellectual Company Of Authority Restricting Second Amendment Rights To The “Virtuous”, Royce de R. Barondes 2021 University of Missouri School of Law

The Odious Intellectual Company Of Authority Restricting Second Amendment Rights To The “Virtuous”, Royce De R. Barondes

Faculty Publications

To the woes of the victims of American over-criminalization, we can add deprivation of the suitable tools for self-defense during national emergency and civil unrest. Federal law disarms “unlawful users” of controlled substances (including medical marijuana), and imposes a permanent firearms ban on substantially all those with prior felony convictions. A notable exception is made for white-collar criminals with felony violations of antitrust and certain business practice statutes.

The constitutionality of these restrictions typically is founded on the view that one is tainted as “non-virtuous” for any serious criminal conviction, which includes any felony conviction. Using extensive sampling, this article ...


A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello 2021 Merrimack College

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello

Honors Senior Capstone Projects

This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will ...


Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti 2021 University of Pittsburgh School of Law

Hegemonic Marriage: The Collision Of 'Transformative' Same-Sex Marriage With Reactionary Tax Law, Anthony C. Infanti

Articles

Before there was a culture war in the United States over same-sex marriage, there was a battle between opponents and proponents of same-sex marriage within the LGBTQ+ community. Some within the LGBTQ+ community opposed same-sex marriage because of the long patriarchal history of marriage and the more consequential need to bridge the economic and privilege gap between the married and the unmarried. On the other hand, LGBTQ+ proponents of same-sex marriage saw marriage as a civil rights issue because of the central importance of marriage in American society. They sensed a profound wrong in the denial of the benefits of ...


Spring 2021 Newsletter: The Docket, Emma Wood 2021 University of Massachusetts - Dartmouth

Spring 2021 Newsletter: The Docket, Emma Wood

Law Library Newsletter

Copy of the Spring 2021 issue of the UMass Law Library Newsletter, The Docket.


An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella 2021 Merrimack College

An Exploration Of The Resources And Services Offered To D/Deaf And Hard Of Hearing Inmates In Massachusetts Jails And Prisons, Gabrielle Carpinella

Criminology Student Work

d/Deaf and Hard of Hearing individuals have faced substantial discrimination when it comes to education, healthcare, and employment. This paper argues that discrimination in our criminal justice system is likely no exception. Previous research has shown that d/Deaf and Hard of Hearing inmates are treated unequally while serving time in prison (Vernon, 2010). Rather than using proactive measures to provide appropriate resources within prison, correctional facilities within the U.S. tend to be reactive to the claims of d/Deaf and Hard of Hearing inmates once they are released from prison. There is no literature that I am ...


The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens 2021 Merrimack College

The Ethics Of Interrogation: How Unethical Interrogations Lead To False Confessions And What It Means For The Criminal, Janelle Havens

Criminology Student Work

Forensic interrogation is a vital step in the process of criminal investigations in order to extract information about suspects and the crime at hand. However, tunnel vision, artificial time constraints, lack of thorough training, and noble-cause corruption can influence how an investigator decides to interrogate a suspect or witness. When these influences are exerted on an investigator, the need to secure an arrest and conviction overpowers the need for justice - this results in false confessions and wrongful convictions. This is otherwise known as “the end doesn't justify the means” mindset. This causes investigators to engage in unethical interrogations, whether ...


Neither Force Nor Will, But Merely Judgement: Becoming A Supreme Court Justice, Dajé M. Brinson 2021 Merrimack College

Neither Force Nor Will, But Merely Judgement: Becoming A Supreme Court Justice, Dajé M. Brinson

Criminology Student Work

No abstract provided.


Police Response To Women Of Color And Domestic Violence, Liz Shimoni 2021 Merrimack College

Police Response To Women Of Color And Domestic Violence, Liz Shimoni

Criminology Student Work

No abstract provided.


The Future Of Chevron Deference, Kristin E. Hickman, Aaron L. Nielson 2021 Duke Law

The Future Of Chevron Deference, Kristin E. Hickman, Aaron L. Nielson

Duke Law Journal

No abstract provided.


Congress’S Domain: Appropriations, Time, And Chevro, Matthew B. Lawrence, Eric A. Posner 2021 Duke Law

Congress’S Domain: Appropriations, Time, And Chevro, Matthew B. Lawrence, Eric A. Posner

Duke Law Journal

Annual appropriations and permanent appropriations play contradictory roles in the separation of powers. Annual appropriations preserve agencies’ need for congressionally provided funding and enforce a domain of congressional influence over agency action in which the House and the Senate each enforce written unicameral commands through the threat of reduced appropriations in the next annual cycle. Permanent appropriations permit agencies to fund their programs without ongoing congressional support, circumscribing and diluting Congress’s domain.

The unanswered question of Chevron deference for appropriations demonstrates the importance of the distinction between annual appropriations and permanent appropriations. Uncritical application of governing deference tests that ...


Chevronizing Around Cost-Benefit Analysis, Jonathan S. Masur 2021 Duke Law

Chevronizing Around Cost-Benefit Analysis, Jonathan S. Masur

Duke Law Journal

The Trump administration’s efforts to weaken regulations were in tension with cost-benefit analysis, which in many cases supported those regulations or otherwise failed to support the administration’s deregulatory objectives. Rather than attempting to justify its actions as a matter of policy preferences, the administration responded on multiple occasions by using Chevron to interpret statutes so as to evade cost-benefit analysis. The statutory interpretation route, which we call “Chevronizing” around cost-benefit analysis, created novel challenges for courts, as it pitted traditional Chevron deference against a trend in favor of requiring agencies to regulate based on cost-benefit analysis as a ...


The Case Against Chevron Deference In Immigration Adjudication, Shoba Sivaprasad Wadhia, Christopher J. Walker 2021 Duke Law

The Case Against Chevron Deference In Immigration Adjudication, Shoba Sivaprasad Wadhia, Christopher J. Walker

Duke Law Journal

The Duke Law Journal’s fifty-first annual administrative law symposium examines the future of Chevron deference—the command that a reviewing court defer to an agency’s reasonable interpretation of an ambiguous statute the agency administers. In the lead article, Professors Kristin Hickman and Aaron Nielson argue that the Supreme Court should narrow Chevron ’s domain to exclude interpretations made via administrative adjudication. Building on their framing, this Article presents an in-depth case study of immigration adjudication and argues that this case against Chevron has perhaps its greatest force when it comes to immigration. That is because much of Chevron ...


Narrowing Chevron’S Domain, Kristin E. Hickman, Aaron L. Nielson 2021 Duke Law

Narrowing Chevron’S Domain, Kristin E. Hickman, Aaron L. Nielson

Duke Law Journal

Chevron deference has become increasingly controversial. Some Justices on the Supreme Court have stated that they would overrule Chevron , and others have urged that it be curtailed. If Chevron were merely modified rather than overturned, it is unclear what that modified Chevron would look like. This Article argues that the time has come to narrow Chevron ’s domain by limiting Chevron deference to interpretations announced in rulemaking and not those announced in adjudication.

Under the classic formulation of Chevron , a court should defer to an agency’s reasonable interpretation of ambiguous statutory language. This formulation is grounded in the notion ...


Retheorizing Precedent, Randy J. Kozel 2021 Duke Law

Retheorizing Precedent, Randy J. Kozel

Duke Law Journal

Does the doctrine of stare decisis support judicial attempts to retheorize dubious precedents by putting them on firmer footing? If it does, can retheorization provide a means for Chevron to endure as a staple of administrative law notwithstanding serious challenges to its established rationale?


Re-Reading Chevron, Thomas W. Merrill 2021 Duke Law

Re-Reading Chevron, Thomas W. Merrill

Duke Law Journal

Though increasingly disfavored by the Supreme Court, Chevron remains central to administrative law doctrine. This Article suggests a way for the Court to reformulate the Chevron doctrine without overruling the Chevron decision. Through careful attention to the language of Chevron itself, the Court can honor the decision’s underlying value of harnessing comparative institutional advantage in judicial review, while setting aside a highly selective reading that unduly narrows judicial review. This re-reading would put the Chevron doctrine—and with it, an entire branch of administrative law—on firmer footing.


Journal Staff, 2021 Duke Law

Journal Staff

Duke Law Journal

No abstract provided.


A Bibliography Of Faculty Scholarship, Law Library 2021 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet 2021 The Graduate Center, City University of New York

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would ...


Egyptian Public Law Judge: Reviewing Public Economic Policies From Nationalization To Privatization, omar el menshawy 2021 American University in Cairo

Egyptian Public Law Judge: Reviewing Public Economic Policies From Nationalization To Privatization, Omar El Menshawy

Theses and Dissertations

Do public law judges play a role in public economic policies in Egypt? Egypt has witnessed rough changes, leading to the adoption of different public economic policies. Public law judges have played a key role in these economic shifts. However, the efficacy of this role is pending on the satisfaction or dissatisfaction of the government with the courts and the judicial decisions. This paper argues that the government posses the upper hand in dealing with the judicial influence in economic issues in Egypt. The paper scrutinizes the transformation in the judicial attitude towards government economic policies. Specifically, the paper demarcates ...


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