Seattle University School of Law
CUNY John Jay College
Cornell Law School
Texas Fifth Court of Appeals
Fordham University School of Law
Indiana University Robert H. McKinney School of Law
UIC School of Law
Notre Dame Law School
Northwestern University School of Law
A History Of Exclusion: "For Cause" Challenges And Black Jurors,
2023
University of St. Thomas, Minnesota
A History Of Exclusion: "For Cause" Challenges And Black Jurors, Lauren Kingsbeck
University of St. Thomas Law Journal
No abstract provided.
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy,
2023
Liberty University
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady
Helm's School of Government Conference
Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.
The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …
The New Laboratories Of Democracy,
2023
University of Pittsburgh, School of Law
The New Laboratories Of Democracy, Gerald S. Dickinson
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting,
2023
Columbia Law School
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting, Richard Briffault
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023,
2023
Roger Williams University School of Law
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Life of the Law School (1993- )
No abstract provided.
The Intersection Of Judicial Interpretive Methods And Politics In Supreme Court Justices’ Due Process Opinions,
2023
Arcadia University
The Intersection Of Judicial Interpretive Methods And Politics In Supreme Court Justices’ Due Process Opinions, Julie Castle
The Compass
The Supreme Court, a nine seat bench of unelected and lifetime tenured Justices, determines the constitutionality of dozens of cases each year. In this thesis, I research to what extent the political affiliation of the Justices affects the judicial decision making process and, ultimately, case outcomes. Using pattern matching, I evaluate due process opinions from Justice Breyer, Justice O’Connor, and Justice Scalia, all of whom have established constitutional analysis methods, in order to determine if they reasonably adhere to their established method. Due to the highly political nature of due process cases, variance between the expected (adherence to the Justices’ …
Biden, Bennet, And Bipartisan Federal Judicial Selection,
2023
University of Colorado Law School
Biden, Bennet, And Bipartisan Federal Judicial Selection, Carl Tobias
University of Colorado Law Review Forum
No abstract provided.
The Role Of Law In U.S. History Textbooks,
2023
New England Law | Boston
The Role Of Law In U.S. History Textbooks, Russ Versteeg
Cleveland State Law Review
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) ALAN BRINKLEY, AMERICAN HISTORY CONNECTING WITH THE PAST 745 (McGraw-Hill Educ., 15th ed. 2015); (2) ERIC FONER, GIVE ME LIBERTY! AN AMERICAN HISTORY 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) DAVID GOLDFIELD ET AL., THE AMERICAN JOURNEY: A HISTORY OF THE UNITED STATES (7th ed. Combined vol. 2014, 2011, 2008). The Article includes a quantitative analysis of topics (i.e., tabulating the topics that appear most frequently in the texts arranged chronologically) as well as summaries of those topics. It also discusses …
Abusing Taxation Of Court Costs By Government Lawyers To Chill Pro Se Civil Rights Claimants,
2023
University of St. Thomas School of Law (Minneapolis)
Abusing Taxation Of Court Costs By Government Lawyers To Chill Pro Se Civil Rights Claimants, Gregory Sisk, Alexandra Gannon, Nicole L. Stangl
University of St. Thomas Law Journal
No abstract provided.
A Newfound Power: How The Ohio Supreme Court Should Approach The Next Partisan Gerrymander,
2023
Maurer School of Law: Indiana University
A Newfound Power: How The Ohio Supreme Court Should Approach The Next Partisan Gerrymander, Bradley Davis
Indiana Law Journal
Partisan gerrymandering is a practice as old as the nation itself and a problem both state and federal courts continue to struggle with. In 2015, the people of Ohio overwhelmingly voted to amend the state constitution to prevent overly partisan outcomes in state legislative redistricting. Following the 2021 redistricting cycle, the Ohio Supreme Court narrowly struck down several redistricting proposals in what devolved into a protracted fight with legislators and executive officials. This Note carefully lays out the development of redistricting jurisprudence, Ohio’s relevant constitutional provisions, and various state and federal judicial approaches to alleged gerrymanders. Using a combination of …
Childist Objections, Youthful Relevance, And Evidence Reconceived,
2023
Penn State Dickinson Law
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Dickinson Law Review (2017-Present)
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship,
2023
University of California - Los Angeles
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Indiana Law Journal
Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …
Unique Civic Education Program Aims To Teach Young People About Courts And Civility,
2023
Duke Law
Unique Civic Education Program Aims To Teach Young People About Courts And Civility, Robin L. Rosenberg, Beth Bloom
Judicature International
No abstract provided.
The Move Toward An Indigenous Virgin Islands Jurisprudence: Banks In Its Second Decade,
2023
Stetson University College of Law
The Move Toward An Indigenous Virgin Islands Jurisprudence: Banks In Its Second Decade, Kristen David Adams
Fordham Law Review
In 2011, the Supreme Court of the U.S. Virgin Islands decided Banks v. International Rental & Leasing Corp. and, with that decision, introduced a new era in Virgin Islands jurisprudence that embraced a much more active role for Virgin Islands courts and a correspondingly diminished role for the American Law Institute’s restatements. This Essay examines what I will call “second-generation” decisions referencing Banks with the goal of determining whether Banks and its progeny have met, or are at least in the process of meeting, “the goal of establishing ‘an indigenous Virgin Islands jurisprudence’” set by the Banks court. Ultimately, this …
Foreword: Toward A New Compact With Rural America,
2023
Center for Sustainable Development, Brookings Institution
Foreword: Toward A New Compact With Rural America, Anthony F. Pipa
University of Richmond Law Review
The interpretation of United States laws and policies, and the extent to which they obstruct or support rural places and people to take advantage of opportunity, are at the nexus of our nation’s ability to reweave the social fabric and create a new compact between its rural areas and the rest of the country. It requires recognizing our interdependencies, our mutual interests, and our shared humanity. The Articles contained herein get us started—it is incumbent that we build on these contributions to take their ideas forward and provoke new and constructive policy debates.
Rural America As A Commons,
2023
University of South Carolina School of Law
Rural America As A Commons, Ann M. Eisenberg
University of Richmond Law Review
With many ready to dismiss non-urban life as a relic of history, rural America’s place in the future is in question. The rural role in the American past is understandably more apparent. As the story of urbanization goes in the United States and elsewhere, the majority of the population used to live in rural places, including small towns and sparsely populated counties. A substantial proportion of those people worked in agriculture, manufacturing, or extractive industries. But trends associated with modernity—mechanization, automation, globalization, and environmental conservation, for instance—have reduced the perceived need for a rural workforce. Roughly since the industrial revolution …
Those Who Need The Most, Get The Least: The Challenge Of, And Opportunity For Helping Rural Virginia,
2023
University of Virginia School of Law
Those Who Need The Most, Get The Least: The Challenge Of, And Opportunity For Helping Rural Virginia, Andrew Block, Antonella Nicholas
University of Richmond Law Review
Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The extraction and agricultural economies that once helped them thrive—mining, tobacco, textiles—are dying. And, as we discuss below, residents of rural communities tend to be older, poorer, less credentialed in terms of their education, less healthy, and declining in population.
On a regular basis, political leaders on both sides of the aisle, and on national and state levels, make commitments to rural areas to help improve the quality of life for residents, to listen, and to help. Even with …
Enhancing Rural Representation Through Electoral System Diversity,
2023
University of Richmond School of Law
Enhancing Rural Representation Through Electoral System Diversity, Henry L. Chambers Jr.
University of Richmond Law Review
Rural Virginians face disparities in outcomes regarding healthcare, access to important infrastructure, and other services. Some disparities may be related to rurality. The sparseness of population in rural areas may limit the sites where people may access services, triggering the need to travel significant distances to obtain goods and services in such areas. Limited access may lead to disparities even when the quality of goods and services in rural areas is high. The disparities affect all rural Virginians, but disproportionately affect rural Virginians of color. The causes of the disparities are complex and myriad, and may be based on race, …
With A Wink And A Nod: How Politicians, Regulators, And Corrupt Coal Companies Exploited Appalachia,
2023
West Virginia University College of Law
With A Wink And A Nod: How Politicians, Regulators, And Corrupt Coal Companies Exploited Appalachia, Patrick C. Mcginley
University of Richmond Law Review
Environmental regulators treated America’s leading coal companies like Wall Street’s mismanaged banks leading to the “Great Recession”—big coal companies that produced millions of tons of coal were simply too big to fail. With a wink and a nod, federal and state regulators ignored a core provision of federal law that was intended to prevent coal companies from continuing their past practices of plundering Appalachia’s mineral wealth while ravaging her environment.
This Article examines how the coal industry successfully evaded compliance with that law. The consequences of this evasion include mass bankruptcies, thousands of acres of mined land laying unclaimed, …
Rural Bashing,
2023
University of California, Davis
Rural Bashing, Kaceylee Klein, Lisa R. Pruitt
University of Richmond Law Review
Anti-rural sentiment is expressed in the United States in three major threads. The first is a narrative about the political structure of our representative democracy—an assertion that rural people are over-represented thanks to the structural features of the U.S. Senate and the Electoral College. Because rural residents are less than a fifth of the U.S. population, complaints about this situation are often framed as “minority rule.”
The second thread is related to the first: rural people and their communities get more than their fair share from federal government coffers. The argument, often expressed in terms of “subsidies,” is that rural …
