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Masthead, 2021 University of California, Hastings College of the Law

Masthead

Hastings Constitutional Law Quarterly

No abstract provided.


Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer 2021 University of California, Hastings College of the Law

Presidential Impunity And The Mueller Report: How The Department Of Justice’S Failure To Subject The Special Counsel Regulations To Notice And Comment Undermined The Rule Of Law, M. Akram Faizer

Hastings Constitutional Law Quarterly

Department of Justice (“DOJ”) Special Counsel, Robert S. Mueller, III’s two-volume, 448-page Report on the Investigation into Russian Interference in the 2016 Presidential Election (“the Report”), did an outstanding job in evidencing that President Trump’s actions in office satisfied the federal obstruction of justice standards. However, due to Mueller’s limited brief and his concern for maintaining the proper separation of powers, the Report, submitted confidentially to former Attorney General Barr as required by Department of Justice Regulations, abjured a determination as to Presidential criminality. This regulatory confidentiality requirement in conjunction with the requirement that Barr disclose an ...


Foreword, Richelle Joy Gernan 2021 University of California, Hastings College of the Law

Foreword, Richelle Joy Gernan

Hastings Constitutional Law Quarterly

No abstract provided.


Disability Rights And The Louisiana Constitution, Derek Warden 2021 University of California, Hastings College of the Law

Disability Rights And The Louisiana Constitution, Derek Warden

Hastings Constitutional Law Quarterly

The Louisiana Constitution contains three Equal Protection Clauses. Article I, section 3 prohibits discriminatory laws; but, as an original matter, should prohibit both discriminatory laws and government conduct. Article I, section 12 prohibits discrimination by individuals (government or private) in regard to access to public places. Finally, article I, section 2, the Due Process Clause, also contains an Equal Protection component. Each clause prohibits discrimination on the basis of “physical condition,” which contains a general “disability” component. Based upon statements from the Louisiana Constitutional Convention and other modalities of constitutional argument, this article concludes that these clauses—individually and in ...


Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt 2021 University of California, Hastings College of the Law

Presidential Removal: Impeachment As A Tool To Promote Democracy In Haïti, Brynna Bolt

Hastings Constitutional Law Quarterly

No abstract provided.


The Eighth For Edmo: Access To Gender-Affirming Care In Prisons, John Ferraro 2021 Boston College Law School

The Eighth For Edmo: Access To Gender-Affirming Care In Prisons, John Ferraro

Boston College Law Review

In 2019, the U.S. Court of Appeals for the Ninth Circuit in Edmo v. Corizon, Inc. held that a prison’s denial of gender confirmation surgery to a transgender prisoner constituted cruel and unusual punishment under the Eighth Amendment. In doing so, the Ninth Circuit contravened a U.S. Court of Appeals for the Fifth Circuit decision on similar facts. This Comment argues that the Ninth Circuit’s approach was correct, as that court properly applied Eighth Amendment precedent to assess the quality of care provided to address a prisoner’s serious medical need.


Counting Heads: The Decennial Census And Adjustments To Enumeration, Jay E. Town 2021 Former United States Attorney for the Northern District of Alabama and current Vice President and General Counsel at Gray Analytics

Counting Heads: The Decennial Census And Adjustments To Enumeration, Jay E. Town

Notre Dame Law Review Reflection

The 2020 Decennial Census has become a lightning rod for litigious civil rights organizations, state attorneys general, and even members of Congress. At stake is the apportionment of representatives in the House of Representatives and the Electoral College divided amongst the several states. Furthermore, the “headcount” determines the allotment of $1.5 trillion in nondiscretionary federal dollars to be distributed to the various states based on the persons who are counted in each. The headcount is also used in redistricting of congressional districts. Make no mistake, litigation surrounds the manner in which the census arrives at its headcount after every ...


Untested And Neglected: Clarifying The Comparator Requirement In Equal Protection Claims Based On Untested Rape Kits, Emily Jones 2021 Northwestern Pritzker School of Law

Untested And Neglected: Clarifying The Comparator Requirement In Equal Protection Claims Based On Untested Rape Kits, Emily Jones

Northwestern University Law Review

Rape kits are important tools used to store the evidence that is collected from a victim’s body and clothing following a sexual assault. Although the DNA evidence stored in rape kits is crucial to rape investigations, police departments throughout the country have routinely failed to test rape kits. This remains true despite the national funding allocated specifically for rape kit testing. This widespread neglect hinders justice and renders community members unprotected from sexual violence. The national rape kit backlog has sparked legal challenges; six lawsuits have been filed against police departments for systematically refusing to test rape kits, alleging ...


Information Fiduciaries And Political Microtargeting: A Legal Framework For Regulating Political Advertising On Digital Platforms, Kimberly Rhum 2021 Northwestern Pritzker School of Law

Information Fiduciaries And Political Microtargeting: A Legal Framework For Regulating Political Advertising On Digital Platforms, Kimberly Rhum

Northwestern University Law Review

Digital technologies have taken individualized advertising to an unprecedented level. But the convenience and efficiency of such highly tailored content comes at a high price: unbridled access to our personal data. The rise of sophisticated data-driven practices, otherwise known as “Big Data,” enables large datasets to be analyzed in ways that reveal useful patterns about human behavior. Thanks to these novel analytical techniques, businesses can cater to individual consumer needs better than ever before. Yet the opportunities presented by Big Data pose new ethical challenges.

Significant scholarly research has examined algorithmic discrimination and consumer manipulation, as well as the ways ...


Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender 2021 Northwestern Pritzker School of Law

Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender

Northwestern Journal of Law & Social Policy

The sharp and growing wealth divide in the United States has elicited significant media and public attention over the past decade, with loud calls for achieving social goals through tax system change. While wealth preservation loopholes in the Internal Revenue Code can contribute to wealth inequalities, tax policies that incentivize socially responsible, tax efficient investment offer an attractive tool for estate planning professionals while also promoting social impact programs. Additionally, while direct government investments into low-income community development, land preservation, and food security are important drivers of change, tax policies that push private capital into these causes are equally important ...


Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang 2021 University of Colorado at Boulder

Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang

Northwestern Journal of Law & Social Policy

Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s ...


Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim 2021 Northwestern Pritzker School of Law

Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim

Northwestern Journal of Law & Social Policy

Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers ...


Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia 2021 Northwestern Pritzker School of Law

Third-Party Standing And Abortion Providers: The Hidden Dangers Of June Medical Services, Elika Nassirinia

Northwestern Journal of Law & Social Policy

Standing is a long held, judicially-created doctrine intended to establish the proper role of courts by identifying who may bring a case in federal court. While standing usually requires that a party asserts his or her own rights, the Supreme Court has created certain exceptions that allow litigants to bring suit on behalf of third parties when they suffer a concrete injury, they have a “close relation” to the third party, and there are obstacles to the third party's ability to protect his or her own interests. June Medical Services, heard by the Supreme Court on June 29, 2020 ...


Death-By-Incarceration In Illinois, Joseph Dole 2021 Northwestern Pritzker School of Law

Death-By-Incarceration In Illinois, Joseph Dole

Northwestern Journal of Law & Social Policy

No abstract provided.


Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds 2021 United States Air Force

Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds

Journal of Natural Resources & Environmental Law

No abstract provided.


Expulsion From Egyptian Parliament Based On The Expression Of Opinion "A Case, 2021 United Arab Emirates University

Expulsion From Egyptian Parliament Based On The Expression Of Opinion "A Case

Journal Sharia and Law

Six members have been removed from the Egyptian parliament since the promulgation of the Egyptian constitution in 1971. Expulsion in these cases have been based on different grounds. The case chosen here has been based on a member's loud shouting against the president of the country. The significance of this case is the test it presents to the freedom of expression, especially by an M. P. The number of violations of constitutional and legal principles in the proceedings of this case is striking. To start with, the speaker of the house have abandoned his neutrality by ordering investigation of ...


Government Ideologies And Islamic Centrism, Prof. Majed Ragheb EI-Helw 2021 Faculty of Law, University of Alexandria

Government Ideologies And Islamic Centrism, Prof. Majed Ragheb Ei-Helw

Journal Sharia and Law

For some time in the recent past, certain states have based their system of government on particular ideologies dominant in modern times. However, experience has shown that these ideologies have in no way contributed to the fulfilment of cherished goals. Individualism and Marxism came to the fore, and between them shared the majority of countries, sowing the seeds of dissention among them. Individualism made the individual the ultimate end of the state. It, therefore, emphasized and legitimated human rights and freedoms, but only at the expense of the group and the weaker segments of society. The adoption of absolute individualism ...


الطائفية والنظام الدستوري في لبنان, 2021 United Arab Emirates University

الطائفية والنظام الدستوري في لبنان

Journal Sharia and Law

No abstract provided.


Second-Class Rights And Second-Class Americans: Applying Carolene Products Footnote Four And The Court’S Enforcement Of Nationally Accepted Norms Against Local Outlier Jurisdictions In Second Amendment Enforcement Litigations, Mark W. Smith 2021 The Catholic University of America, Columbus School of Law

Second-Class Rights And Second-Class Americans: Applying Carolene Products Footnote Four And The Court’S Enforcement Of Nationally Accepted Norms Against Local Outlier Jurisdictions In Second Amendment Enforcement Litigations, Mark W. Smith

Catholic University Law Review

In the years since deciding District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), the Supreme Court has largely abandoned the role of protecting American gun owners despite the text, history, and tradition of the Second Amendment’s right to keep and bear arms. The Supreme Court has failed to use the jurisprudential tools at its disposal to ensure that the fundamental right to arms is protected as robustly as other enumerated constitutional rights. This failure is an acute one. And it is unjustifiable across a wide variety of jurisprudential methodologies, from originalism to the non-originalist ...


All For Nothing?: Executive Authority And Congressional Evasion On Arms Sales, Margaret M. Murphy 2021 The Catholic University of America, Columbus School of Law

All For Nothing?: Executive Authority And Congressional Evasion On Arms Sales, Margaret M. Murphy

Catholic University Law Review

On August 17, 2018, CNN reported that Lockheed Martin manufactured a bomb that killed dozens of Yemeni schoolchildren in Northern Yemen. Saudi Arabia purchased the bomb in an arms deal authorized under the Arms Export Control Act, the statute in which Congress delegates to the President authority to control the import and export of arms. Under the Act, the President must comply with reporting and waiting periods allowing time for Congress to oppose a sale by enacting a joint resolution. However, the Act allows the President to sell arms in an emergency without notice or waiting periods. President Trump invoked ...


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