Immunity Through Bankruptcy For The Sackler Family, 2024 S.J. Quinney College of Law, University of Utah; Harvard Law School
Immunity Through Bankruptcy For The Sackler Family, Daniel G. Aaron, Michael S. Sinha
All Faculty Scholarship
In August 2023, the U.S. Supreme Court temporarily blocked one of the largest public health settlements in history: that of Purdue Pharma, L.P., reached in bankruptcy court. The negotiated bankruptcy settlement approved by the court would give a golden parachute to the very people thought to have ignited the opioid crisis: the Sackler family. As the Supreme Court considers the propriety of immunity through bankruptcy, the case has raised fundamental questions about whether bankruptcy is a proper refuge from tort liability and whether law checks power or law serves power.
Of course, bankruptcy courts often limit liability against a distressed …
“White Collar Crime” Is A Euphemism To Abandon, 2024 University of Missouri School of Law
“White Collar Crime” Is A Euphemism To Abandon, Anthony J. Meyer
SLU Law Journal Online
Although the phrase “white collar crime” is ubiquitous among lawyers, it is a euphemism that creates an arbitrary distinction among crimes and perpetuates an upper-class bias for certain types of criminal conduct while simultaneously denigrating others. The phrase further performs a problematic social signaling function, including by expressly invoking “whiteness.” On balance, the phrase should be abandoned and replaced with one that either creates a meaningful distinction or leads to more inclusiveness in the legal practice.
What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, 2024 LMU Loyola Law School
What's Said In The Booth Never Stays In The Booth: A Comparative Analysis Of The Use Of Rap Lyrics In American And English Criminal Trials, Yekaterina Shrayber
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, 2024 University of Arkansas, Fayetteville
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks
Arkansas Law Review
This Note will offer a plan for how Indian country can move forward in the wake of what anti-tribal sovereignty entities want to be a devasting decision. This Note advocates for a judicial remedy plan. Specifically, it calls upon lower courts to narrow Castro-Huerta from below to limit the effects of the decision. Part II provides a brief introduction to federal Indian law, a general overview of criminal jurisdiction in Indian country, and concludes with a summary of Castro-Huerta. Part III outlines two approaches to limiting that lower courts can use to narrow Castro-Huerta from below: textual limiting and fact-to-fact …
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, 2024 Northwestern Pritzker School of Law
Worthless Checks? Clemency, Compassionate Release, And The Finality Of Life Without Parole, Daniel Pascoe
Northwestern University Law Review
Life without parole (LWOP) sentences are politically popular in the United States because, on their face, they claim to hold prisoners incarcerated until they die, with zero prospect of release via the regularized channel of parole. However, this view is procedurally shortsighted. After parole there is generally another remedial option for lessening or abrogating punishment: executive clemency via pardons and commutations. Increasingly, U.S. legal jurisdictions also provide for the possibility of compassionate release for lifers, usually granted by a parole board.
On paper, pardon, commutation, and compassionate release are thus direct challenges to the claim that an LWOP sentence will …
A New Private Law Of Policing, 2024 Brooklyn Law School
A New Private Law Of Policing, Cristina Carmody Tilley
Brooklyn Law Review
American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …
“Police Yelp”, 2024 University of California, Irvine School of Law
“Police Yelp”, Natalie Gould
UC Irvine Law Review
This Note discusses failed police accountability measures and suggests a new intervention, “Police Yelp,” that focuses on community control over police officers. The Note discusses the current institutional measures that have attempted to control police but have failed, largely due to their reactive and institutional nature. To better control police and ensure they are policing as communities want to be policed, this Note argues for community control over police through a democratic process, similar to the way that users interact with businesses on Yelp. The Note draws on power shifting as articulated by Jocelyn Simonson, among others, which advocates for …
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, 2024 West Virginia University College of Law
Medical Malpractice As Murder? Using Root Cause Analysis As A Guiding Framework For Criminal Medical Malpractice, Kinsey Novak Booth
West Virginia Law Review
Unprecedented criminal prosecutions for medical errors have increased throughout the nation: A Tennessee nurse was charged with reckless homicide for an isolated medication error; two South Carolina nurses were charged with criminal neglect for failing to change a wound dressing for just two days; and an Ohio pharmacist was charged with involuntary manslaughter for failing to detect that a solution contained too much sodium. Introducing criminal charges for cases of typical medical malpractice, which are most often the result of system failures, will dismantle hospitals’ error-reporting systems and lead to long-term catastrophic results for patient safety. This Note applies system …
Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, 2024 Villanova University Charles Widger School of Law
Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell
Villanova Environmental Law Journal
No abstract provided.
Virtual Technology And The Changing Rituals Of Courtroom Justice, 2024 Chicago-Kent College of Law
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, 2024 Chicago-Kent College of Law
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, 2024 Chicago-Kent College of Law
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Chicago-Kent Law Review
No abstract provided.
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, 2024 Chicago-Kent College of Law
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Race, Peremptory Challenges, And State Courts: A Blueprint For Change, 2024 Chicago-Kent College of Law
Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder
Chicago-Kent Law Review
No abstract provided.
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, 2024 Chicago-Kent College of Law
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso
Chicago-Kent Law Review
No abstract provided.
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, 2024 Chicago-Kent College of Law
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Chicago-Kent Law Review
No abstract provided.
The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, 2024 Chicago-Kent College of Law
The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch
Chicago-Kent Law Review
No abstract provided.
The Hybridization Of Lay Courts: From Colombia To England And Wales, 2024 Chicago-Kent College of Law
The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly
Chicago-Kent Law Review
No abstract provided.
Lay Participation Reform In China: Opportunities And Challenges, 2024 Chicago-Kent College of Law
Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo
Chicago-Kent Law Review
No abstract provided.
Virtual Technology And The Changing Rituals Of Courtroom Justice, 2024 Chicago-Kent College of Law
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.