"Assault Weapon" Lethality,
2020
Campbell University School of Law
Title Ix And Official Policy Liability: Maximizing The Law’S Potential To Hold Education Institutions Accountable For Their Responses To Sexual Misconduct,
2020
Western New England College School of Law
Title Ix And Official Policy Liability: Maximizing The Law’S Potential To Hold Education Institutions Accountable For Their Responses To Sexual Misconduct, Erin E. Buzuvis
Faculty Scholarship
Title IX, the federal statute that prohibits sex discrimination in education, plays a key role in institutional accountability for sexual misconduct that is perpetrated by a school’s students, faculty, and staff. The Supreme Court has confirmed that Title IX includes an implied right of action for money damages when the institution had actual notice that sexual harassment had occurred, or was likely to occur, and responded to that threat with deliberate indifference. But the deliberate indifference standard has proven to be a high and unpredictable bar for plaintiffs. For this reason, many institutions required the threat of government enforcement—issued in …
Constitutional Law—Preserving Dignity: The Due Process Restriction On Shackling Criminal Defendants Should Also Apply To Non-Jury Proceedings,
2020
University of Arkansas at Little Rock William H. Bowen School of Law
Constitutional Law—Preserving Dignity: The Due Process Restriction On Shackling Criminal Defendants Should Also Apply To Non-Jury Proceedings, Shelby Shelton
University of Arkansas at Little Rock Law Review
No abstract provided.
Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square,
2020
University of Arkansas at Little Rock William H. Bowen School of Law
Section 230 Immunity: How The Trump Era Has Exposed The Current Conflict Between The First Amendment And The Good Samaritan Clause In The Modern Public Square, Brandon Salter, Dhillon Ramkhelawn
University of Arkansas at Little Rock Law Review
No abstract provided.
Brief For New Ways Ministry Et Al. As Amici Curiae Supporting Plaintiff, Koenke V. Saint Joseph University,
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For New Ways Ministry Et Al. As Amici Curiae Supporting Plaintiff, Koenke V. Saint Joseph University, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa,
2020
American University Washington College of Law
Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa, Alexis Nicole Lilly
American University Business Law Review
No abstract provided.
Brief For Child Usa Et Al. As Amici Curiae Supporting Respondents, Our Lady Of Guadalupe School V. Morrissey-Berru,
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Brief For Child Usa Et Al. As Amici Curiae Supporting Respondents, Our Lady Of Guadalupe School V. Morrissey-Berru, Leslie C. Griffin
Court Briefs
No abstract provided.
The Inherent And Supervisory Power,
2020
Willamette University College of Law.
The Inherent And Supervisory Power, Jeffrey C. Dobbins
Georgia Law Review
Parties to litigation expect courts to operate both
predictably and fairly. A core part of this expectation is
the presence of codified rules of procedure, which ensure
fairness while constraining, and making more
predictable, the ebb and flow of litigation.
Within the courts of this country, however, there is a
font of authority over procedure that courts often turn to
in circumstances when they claim that there is no
written guidance. This authority, referred to as the
“inherent” or “supervisory” power of courts, is an almost
pure expression of a court’s exercise of discretion in that
it gives courts the …
Democracy, Federalism, And The Guarantee Clause,
2020
Chicago-Kent College of Law
Democracy, Federalism, And The Guarantee Clause, Carolyn Shapiro
All Faculty Scholarship
The Guarantee Clause of the Constitution promises that “[t]he United States shall guarantee to every State in this Union a Republican form of Government . . . .” The Supreme Court has long held this Clause to be nonjusticiable, and as a result, many see the Clause as purely vestigial. But nonjusticiable does not mean toothless, and this view fails to recognize the Clause’s grant of power to Congress. The Guarantee Clause provides Congress with the authority to ensure that each state’s internal governance meets a minimum standard of republicanism. The Framers included this promise because they feared that some …
Docket Control, Mandatory Jurisdiction, And The Supreme Court's Failure In Rucho V. Common Cause,
2020
Chicago-Kent College of Law
Docket Control, Mandatory Jurisdiction, And The Supreme Court's Failure In Rucho V. Common Cause, Carolyn Shapiro
All Faculty Scholarship
This paper, part of a Symposium on Andrew Coan's book, Rationing the Constitution: How Judicial Capacity Shapes Supreme Court Decision-Making, traces congressional changes to Supreme Court jurisdiction over more than a century, noting that those changes were regularly made in response to concerns about the Court's caseload. To the extent that Coan, and the Court, turn to doctrinal methods of controlling caseloads, such as deferential standards of review, they are overlooking the important congressional role in setting the Court's jurisdiction. The paper concludes by criticizing the recent decision of Rucho v. Common Cause in which the Court held that extreme …
The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy,
2020
American University Washington College of Law
The Georgia Life Act: Limiting Women's State Constitutional Right To Privacy, Phoebe Varunok
Upper Level Writing Requirement Research Papers
No abstract provided.
Foreword,
2020
Touro Law Center
Foreword, Syndie G. E. Molina
Journal of Race, Gender, and Ethnicity
No abstract provided.
Ethical Considerations For Attorneys Researching Jurors On The Internet,
2020
Touro University Jacob D. Fuchsberg Law Center
Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta
Journal of Race, Gender, and Ethnicity
No abstract provided.
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History,
2020
Touro Law Center
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur
Journal of Race, Gender, and Ethnicity
No abstract provided.
Police Brutality And State-Sanctioned Violence In 21st Century America,
2020
Touro Law Center
Police Brutality And State-Sanctioned Violence In 21st Century America, Itohen Ihaza
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Executive's Privilege,
2020
University of Kentucky
The Executive's Privilege, Jonathan David Shaub
Law Faculty Scholarly Articles
Both the executive branch and Congress claim the final word in oversight disputes. Congress asserts its subpoenas are legal binding. The executive branch claims the final authority to assert executive privilege and, accordingly, to refuse to comply with a subpoena without consequence. These divergent views stem in large part from the relative absence of any judicial precedent, including not a single Supreme Court decision on the privilege in context of congressional oversight. In that vacuum - unconstrained by precedent - the executive branch has developed a comprehensive theory of executive privilege to support and implement prophylactic doctrines that render Congress …
State V. Beauregard, 198 A.3d 1 (R.I. 2018),
2020
Candidate for Juris Doctor, Roger Williams University School of Law
State V. Beauregard, 198 A.3d 1 (R.I. 2018), Jonathan Stark-Sachs
Roger Williams University Law Review
No abstract provided.
A New State Registration Act: Legislating A Longer Arm For Personal Jurisdiction,
2020
Case Western University School of Law
A New State Registration Act: Legislating A Longer Arm For Personal Jurisdiction, Charles W. (Rocky) Rhodes, Cassandra Burke Robertson
Faculty Publications
In a sextet of recent decisions, the Roberts Court upended the longstanding framework for general and specific contacts-based personal jurisdiction. The Court's new approach has engendered uncertainty and erected insurmountable obstacles for some plaintiffs in locating an effective forum to vindicate their rights. We propose a novel solution to the injustices and unpredictability unleashed by these decisions: a new model corporate registration act that would require, as a condition of doing business in a state, the corporation's consent to personal jurisdiction in defined circumstances that implicate state sovereign regulatory, protective, and prescriptive interests.
Registration-based consent to jurisdiction has a long …
Pandemic Surveillance - The New Predictive Policing,
2020
The University of Akron
Pandemic Surveillance - The New Predictive Policing, Michael Gentithes
Con Law Center Articles and Publications
Now that the first wave of the coronavirus is behind us, what will the future bring? As governments reopen society following lengthy stay-at-home orders, they must strike a difficult balance. If the return to normalcy is too abrupt, infections could spike again in just a few months, creating a death toll as high as it might have been with no quarantine at all.1 An effective removal of quarantine orders, then, must ensure that the return to normalcy is appropriately paced. But how can we best plan to put our economy back together without jeopardizing public health?
Officials in New York …
Felony Disenfranchisement & The Nineteenth Amendment,
2020
The University of Akron
Felony Disenfranchisement & The Nineteenth Amendment, Michael Gentithes
Con Law Center Articles and Publications
The Nineteenth Amendment and the history of the women’s suffrage movement can offer a compelling argument against felony disenfranchisement laws. These laws leave approximately six million citizens unable to vote, often for crimes wholly unrelated to the political process. They also increasingly threaten gains in female enfranchisement.
Today’s arguments in support of felony disenfranchisement laws bear striking similarities to the arguments of anti-suffragists more than a century earlier. Both suggest that a traditionally subordinated class of citizens is inherently incapable of bearing the responsibility that the right to vote entails, and that their votes are somehow less worthy than others. …
