Regarding Oaths Of Office, 2017 Drake University Law School
Regarding Oaths Of Office, Allan W. Vestal
Pace Law Review
This discussion starts with an analysis of oaths of office at the Federal level, considering both whether oaths function as barriers to service and whether they are appropriate in symbolic terms. We then turn to the same questions with reference to the oaths of office of the various states. Finally, we consider the purpose behind oaths of office and determine whether any changes should be made to oaths of office at either the Federal or state level.
Puerto Rico And The Netherworld Of Sovereign Debt Restructuring, 2017 University of Southern California
Puerto Rico And The Netherworld Of Sovereign Debt Restructuring, Robert K. Rasmussen, Mitu Gulati
University of Southern California Legal Studies Working Paper Series
Puerto Rico has incurred debt well beyond its ability to repay. It attempted to address its fiscal woes through legislation allowing the restructuring of some its debt. The Supreme Court put a stop to this effort, holding that Congress in the Bankruptcy Code barred the Commonwealth from enacting its own restructuring regime. Yet all agreed that the Bankruptcy Code did not provide anything in its place. While Congress quickly enacted PROMESA in an attempt to address the Puerto Rico’s fiscal ills, we explore in this paper whether Congress has the power to bar Puerto Rico from enacting a restructuring ...
Justice For Noncitizens: A Case For Reforming The Immigration Legal System, 2017 Washington and Lee University
Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson
VA Engage Journal
The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of ...
Rights And Queues: On Distributive Contests In The Modern State, 2017 Boston College Law School
Rights And Queues: On Distributive Contests In The Modern State, Katharine G. Young
Katharine G. Young
Two legal concepts have become fundamental to questions of resource allocation in the modern state: rights and queues. As rights are increasingly recognized in areas such as housing, health care, or immigration law, so too are queues used to administer access to the goods, services, or opportunities that realize such rights, especially in conditions of scarcity. This Article is the first to analyze the concept of queues (or temporal waiting lines or lists) and their ambivalent, interdependent relation with rights. After showing the conceptual tension between rights and queues, the Article argues that queues and “queue talk” present a unique ...
Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, 2017 Boston College Law School
Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay
Paul R. Tremblay
In his 1992 book Rebellious Lawyering: One Chicano’s Vision of Progressive Law Practice, Gerald Lopez disrupted the conventional understandings of what it meant to be an effective poverty lawyer or public interest attorney. His critiques and prescriptions were aimed at litigators and lawyers similarly engaged in struggles for social change. His book did not address the role of progressive transactional lawyers. Today, transactional lawyers working in underserved communities are far more common. This Essay seeks to apply Lopez’s critiques to the work of those practitioners.
I argue here that transactional legal services, or TLS, on behalf of subordinated ...
Our Principled Constitution, 2017 University of Pennsylvania Law School
Our Principled Constitution, Mitchell N. Berman
Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.
Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a ...
Bail Reform: New Directions For Pretrial Detention And Release, 2017 University of Pennsylvania
Bail Reform: New Directions For Pretrial Detention And Release, Megan Stevenson, Sandra G. Mayson
Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who ...
P15. Family Status Discrimination: The Never-Ending Story, 2017 Western Law
P15. Family Status Discrimination: The Never-Ending Story, Christina Iannozzi
Western Research Forum
The idea of work-life balance has received increasing attention from media, government, unions, and academics in recent years. This is due to the significant changes in the nature of the family and of roles within family. An interdisciplinary approach can explain the societal context that has prompted a rise in family status accommodation claims. Most notably, women have entered the paid workforce in unprecedented numbers and demographic shifts have created a growing need for eldercare.
Over the past two decades, divergent approaches to family status discrimination in the employment context have developed in Canada. The central dispute appears to be ...
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, 2017 University of Pennsylvania
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith
Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft law commitments. Foreign relations law scholars typically approach these other processes from the perspective of constitutional law, seeking to determine the extent to which they are constitutionally permissible. In contrast, this Article situates the myriad ways in which the United States enters into international commitments as the product not only of constitutional law, but also of international law and administrative law. Drawing on all three strands of law provides a rich ...
Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, 2017 University of Pennsylvania Law School
Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson
Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.
This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are ...
Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, 2017 DePaul University College of Law
Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael
Dignity: A Journal on Sexual Exploitation and Violence
No abstract provided.
Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson
Eloisa C Rodríguez-Dod
This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.
This Article focuses on the need for ...
Newsroom: Slate: Goldstein On Travel Ban 02-17-2017, 2017 Roger Williams University School of Law
Newsroom: Slate: Goldstein On Travel Ban 02-17-2017, Jared A. Goldstein
Life of the Law School (1993- )
No abstract provided.
New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, 2017 University of Rhode Island
New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.
Donna M. Hughes
In Defense Of Birthright Citizenship, 2017 The University of Alabama School of Law
In Defense Of Birthright Citizenship, Shannon Auvil
DePaul Journal for Social Justice
No abstract provided.
Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, 2017 University of Rhode Island
Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.
Donna M. Hughes
Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, 2017 University of Rhode Island
Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq
Donna M. Hughes
Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, 2017 The Graduate Center, City University of New York
Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar
All Graduate Works by Year: Dissertations, Theses, and Capstone Projects
The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.
In addition, the paper has three ...
A Taxonomy Of Independent Electoral Reapportionment Systems, 2017 Indiana University Maurer School of Law
A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley
Indiana Journal of Constitutional Design
This paper addresses a means of checking legislative gerrymandering, which I have called the Independent Electoral Reapportionment Commission (IERC). Its purpose is to prevent self-interested politicians from drawing biased constituency lines. While scholars have researched gerrymandering, few scholars have researched commissions designed to limit such gerrymandering, and no comprehensive work details the global means of accomplishing this goal.
Thus, the purpose of this paper is not to normatively prescribe the best practices for composing and empowering an IERC, but rather to descriptively show how different countries conduct this process. While Part II makes some determinations about which commissions may conceptually ...
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, 2017 Roger Williams University School of Law
Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, Jared A. Goldstein
Law School Blogs
No abstract provided.