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Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs, Cynthia Brown 2017 Lincoln Memorial University Duncan School of Law

Beyond The Money: Expected (And Unexpected) Consequences Of America's War On Drugs, Cynthia Brown

Lincoln Memorial University Law Review

The purpose of this paper is to provide a high-level survey of our nation’s prohibition policies within the context of the costs of the law enforcement efforts upholding those policies. The discussion will offer a cursory review of the economic expense of the war on drugs with tangential coverage of the constitutional, institutional and intangible expenses that are inseparable from an assessment of the costs of America’s drug control efforts. Part I provides a historical review of illicit drug use in the United States, while Part II supplies the evolution of the country’s efforts to codify its ...


Tilting The Scales, Liam Conway-Pearson, David Gernon, Jose Trejos 2017 Northwestern University

Tilting The Scales, Liam Conway-Pearson, David Gernon, Jose Trejos

Politica Northwestern

On February 13th, US Supreme Court Justice Antonin Scalia passed away, radically altering the makeup of the America’s highest court and raising the stakes for the 2016 presidential election. Mr Scalia leaves behind a Court that would be almost unrecognizable as the one he joined when he was appointed by President Ronald Reagan in 1986. His death also leaves the Court with the potential to hand down 4–4 ties. In such cases the ruling of the lower court is upheld in its own jurisdiction but sets no precedent for future cases or for the jurisdiction of other courts ...


Race, Partisan Gerrymandering And The Constitution, John M. Greabe 2017 University of New Hampshire School of Law

Race, Partisan Gerrymandering And The Constitution, John M. Greabe

Law Faculty Scholarship

[Excerpt] “For the most part, the Constitution speaks in generalities. The 14th Amendment, for example, instructs the states to provide all persons the "equal protection of the laws." But obviously, this cannot mean that states are always forbidden from treating a person differently than any other person. Children can, of course, be constitutionally barred from driving, notwithstanding the Equal Protection Clause. Thus, there is a need within our constitutional system to refine the Constitution's abstract provisions.”


The Question's Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky 2017 Selected Works

The Question's Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Assault On The Constitution: Executive Power And The War On Terrorism, Erwin Chemerinsky 2017 Duke Law School

The Assault On The Constitution: Executive Power And The War On Terrorism, Erwin Chemerinsky

Erwin Chemerinsky

The Bush administration has made unprecedented claims of unchecked executive power. The Constitution reflects a simple model that two branches of government should have to be involved in virtually all major government actions. The Bush administration, however, has claimed the ability to detain individuals, to engage in electronic eavesdropping, and to authorize torture even in violation of federal statutes. The solution must be for courts to reject these broad claims of presidential authority.


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky 2017 Duke University Law School

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


The Disability Politics Of Abortion, Mary Ziegler 2017 Florida State University College of Law

The Disability Politics Of Abortion, Mary Ziegler

Utah Law Review

With Ohio considering passing the nation’s second ban on abortions motivated by Down Syndrome, the relationship between abortion and disability law has taken on new importance. Disability based bans raise unique legal, moral, and political difficulties for those supporting legal abortion. The core commitments supporting legal abortion—including sex equality—stand in some tension with justifying abortion in the case of a fetal defect or disability.

Given the problems with disability-based bans, it may seem that there is no urgent need to resolve these tensions. Disability-based statutes likely create an impermissible undue burden under Planned Parenthood of Southeastern v ...


Finding Common Ground Across Race And Religion: Judicial Conceptions Of Political Community In Public Schools, Stuart Chinn 2017 University of Oregon School of Law

Finding Common Ground Across Race And Religion: Judicial Conceptions Of Political Community In Public Schools, Stuart Chinn

Utah Law Review

This article opens with a brief discussion of the recent controversies over race, inclusion, and community on American college campuses, focusing on the events at Yale University during the 2015 fall semester. Yale’s controversy is fascinating as one of the most recent, high-profile events that invites a discussion of a deep and persistent issue in American society: how do we construct and maintain a stable political community characterized by enduring differences? I use the Yale example as my jumping-off point for interrogating this question in the context of Supreme Court cases on race and public education, and religion/ideology ...


Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin 2017 Cornell Law School

Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin

Cornell Law Faculty Publications

When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear ...


An American Oddity: The Law, History, And Toll Of The School District, Nadav Shoked 2017 Northwestern Pritzker School of Law

An American Oddity: The Law, History, And Toll Of The School District, Nadav Shoked

Northwestern University Law Review

The school district is a staple of American law. As the local government tasked with controlling our public schools, the school district is so well-entrenched that lawmakers and commentators ignore its uniqueness as a legal institution. The school district is peculiar to American law, and it is a peculiarity within American law. General purpose governments—cities and counties—are the local governments controlling schools outside the United States. In the United States itself, these governments control almost all other major local functions. But they do not control education here. Why? Why does American law rely on a separate local government ...


The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman 2017 Chapman University School of Law

The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman

John C. Eastman

Perhaps spurred by aggressive use of executive orders and “lawmaking” by administrative agencies by the last couple of presidential administrations, several Justices on the Supreme Court have recently expressed concern that the Court’s deference doctrines have undermined core separation of powers constitutional principles.  This article explores those Justice’s invitation to revisit those deference doctrines and some of the executive actions that have prompted the concern.


Taxing Marijuana: Earmarking Tax Revenue From Legalized Marijuana, Armikka R. Bryant 2017 Washington State Office of the Attorney General

Taxing Marijuana: Earmarking Tax Revenue From Legalized Marijuana, Armikka R. Bryant

Georgia State University Law Review

This Article provides an overview of the legal, political, and societal landscapes in states that have legalized marijuana and imposed taxes on its sale. The article begins by summarizing the War on Drugs’ origins, its fiscal expenditures, and the social policies that ultimately led to its failure.

Part I briefly details the history of marijuana regulation starting from the early twentieth century up to the Obama administration’s decision to permit recreational marijuana laws to stand in Washington state and Colorado. Part II dives deeper into the social costs of the War on Drugs and outlines the hardships faced by ...


Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan 2017 Georgia State University College of Law

Forty-Eight States Are Probably Not Wrong: An Argument For Modernizing Georgia’S Legal Malpractice Statute Of Limitations, Ben Rosichan

Georgia State University Law Review

The legal profession is largely self-regulated, and each state has a bar association charged with creating and enforcing basic standards of professionalism and competence for attorneys. Unfortunately, attorneys do not always adhere to these standards. In Georgia, the State Bar can address attorney misconduct through remedial measures up to and including disbarment. The State Bar cannot, however, compensate wronged clients through monetary damages.Thus, some wronged clients must resort to a lawsuit for legal malpractice where a financial recovery is necessary to make the client whole again.

The statute of limitations for legal malpractice claims should not be so restrictive ...


Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster 2017 Georgia State University College of Law

Injustice Under Law: Perpetuating And Criminalizing Poverty Through The Courts, Judge Lisa Foster

Georgia State University Law Review

Money matters in the justice system. If you can afford to purchase your freedom pretrial, if you can afford to immediately pay fines and fees for minor traffic offenses and municipal code violations, if you can afford to hire an attorney, your experience of the justice system both procedurally and substantively will be qualitatively different than the experience of someone who is poor. More disturbingly, through a variety of policies and practices—some of them blatantly unconstitutional—our courts are perpetuating and criminalizing poverty. And when we talk about poverty in the United States, we are still talking about race ...


An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas 2017 Georgia State University College of Law

An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas

Georgia State University Law Review

In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants to ...


Dueling Grants: Reimagining Cafa’S Jurisdictional Provisions, Tanya Pierce 2017 Texas A&M University School of Law

Dueling Grants: Reimagining Cafa’S Jurisdictional Provisions, Tanya Pierce

Georgia State University Law Review

More than a decade after Congress passed the Class Action Fairness Act of 2005 (CAFA), courts continue to disagree as to its application and meaning in a variety of situations, many of which have wide-ranging effects. This article considers a fundamental issue that arises after a certification decision is reached: whether a court’s subject matter jurisdiction under CAFA depends on a class being certified. Specifically, the article considers what happens when a federal court’s subject matter jurisdiction derives solely from CAFA’s minimal diversity jurisdiction provision and a request for class certification under Federal Rule of Civil Procedure ...


Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet 2017 Georgia State University College of Law

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment ...


The Trump Presidency And The Press, John M. Greabe 2017 University of New Hampshire School of Law

The Trump Presidency And The Press, John M. Greabe

Law Faculty Scholarship

[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."


The Secret Users Guide For Liberals, Independents, And Conservatives To Win The White House: Demographics And Political Ideologies, Cassandra Medina 2017 Chapman University

The Secret Users Guide For Liberals, Independents, And Conservatives To Win The White House: Demographics And Political Ideologies, Cassandra Medina

Student Research Day Abstracts and Posters

I consider that understanding political ideology is of most importance but we must consciously understand the demographics behind it. I will be approaching this issue by looking at the set of demographics that range from gender, income, education, ethnicity, religion, and age. While observing if these demographics influence party identity, ideology, and strength of partisanship in these cases. The key issues that I am focusing on, how do certain demographics influence the party ideology that a person chooses? Utilizing cross-national level data from the 2012 ANES election study I will be analyzing multivariable, and frequencies to be able to assets ...


Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan 2017 Roger Williams University School of Law

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


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