The Supreme Court And Children, 2024 Northwestern Pritzker School of Law
The Supreme Court And Children, Aaron Tang
Northwestern University Law Review
How do children fare at the Supreme Court? Empirical research on the question is sparse, but existing accounts suggest a disheartening answer. A 1996 study found that children lost more than half of their cases in the Court, and a pair of prominent scholars lamented twenty years later that “the losses in children’s rights cases” had “outpace[d] and overwhelm[ed] the victories.”
In this Article, I present evidence that complicates this understanding. Based on an original dataset comprising 262 Supreme Court decisions between 1953 and 2023, I find that children have prevailed in 62.6% of their cases. This win rate is …
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 …
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, 2024 Alexander Blewett III School of Law at the University of Montana
Tribal Court Jurisdiction And The Exhausting Nature Of Federal Court Interference, Kekek Jason Stark
University of Cincinnati Law Review
No abstract provided.
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 …
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, 2024 Brooklyn Law School
Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco
Brooklyn Law Review
The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …
Essentializing Cultures In Us Asylum Law, 2024 Brooklyn Law School
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Brooklyn Law Review
Asylum applicants must tell a story about their home country that reduces and problematizes its culture. The requirements of asylum law demand that an applicant show why they will suffer persecution in their home country and that their government will not protect them from it. This legal framework prompts applicants to present a narrative in which their home culture plays the role of the ultimate antagonist, the force that propels the applicant’s persecutors to single them out for harm and renders their government passive—or even complicit—in the face of it. Such a narrative necessarily reduces the applicant’s culture to its …
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, 2024 University of Cincinnati College of Law
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The Ideology Of Press Freedom, 2024 Texas A&M University School of Law
The Ideology Of Press Freedom, Hannah Bloch-Wehba
Faculty Scholarship
This Article offers a critical account of the law of press freedom. American law and political culture laud the press as an institution that plays a vital role in democracy: guarding against corruption, facilitating self-governance, and advocating for free expression. These democratic functions provide justification for the law of press freedom, which defends the media’s autonomy and shields the press from outside interference.
But the dominant accounts of the press’s democratic role are only partly accurate. The law of press freedom is grounded in large part in journalism’s professional commitments to objectivity, public service, and autonomy. These idealized characterizations, flawed …
Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, 2024 Villanova University Charles Widger School of Law
Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson
Villanova Environmental Law Journal
No abstract provided.
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.
Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, 2024 Villanova University Charles Widger School of Law
Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, James J. Burke
Villanova Environmental Law Journal
No abstract provided.
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, 2024 Villanova University Charles Widger School of Law
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
Spring 2024 Symposium: Stop Cop City And The Criminalization Of Social Movements, 2024 Yeshiva University, Cardozo School of Law
Spring 2024 Symposium: Stop Cop City And The Criminalization Of Social Movements, Cardozo Journal Of Equal Rights And Social Justice
Flyers 2023-2024
No abstract provided.
An "F" In Judicial Education: Why Emerging Technologies And New Risks Demand Judicial Education Reform, 2024 Ohio Northern University
An "F" In Judicial Education: Why Emerging Technologies And New Risks Demand Judicial Education Reform, Kevin Thomas Frazier J.D., M.P.A.
Ohio Northern University Law Review
No abstract provided.
Maurer Blsa Earns Midwest Chapter Of The Year, 2024 Maurer School of Law: Indiana University
Maurer Blsa Earns Midwest Chapter Of The Year, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The Black Law Students Association at the Indiana University Maurer School of Law has earned national recognition, taking home Medium Chapter of the Year honors at the 56th Midwest BLSA Regional Convention in early February.
The Midwest BLSA community includes dozens of chapters at law schools from Colorado to Ohio, including nearly all of the schools in the Big Ten conference.
“Our Black Law Students Association isn’t just one of the best in the Midwest, it’s one of the best in the country,” said Indiana Law Dean Christiana Ochoa. “Congratulations to Nashuba Hudson, the executive board, and all who have …
Tort Liability And Unawareness, 2024 University of Exeter
Tort Liability And Unawareness, Surajeet Chakravarty, David Kelsey, Joshua C. Teitelbaum
Georgetown Law Faculty Publications and Other Works
We explore the implications of unawareness for tort law. We study cases where injurers and victims initially are unaware that some acts can yield harmful consequences, or that some acts or harmful consequences are even possible, but later become aware. Following Karni and Vierø (2013), we model unawareness by Reverse Bayesianism. We compare the two basic liability rules of Anglo-American tort law, negligence and strict liability, and argue that negligence has an important advantage over strict liability in a world with unawareness—negligence, through the stipulation of due care standards, spreads awareness about the updated probability of harm.
Deconstructing Burglary, 2024 American University Washington College of Law
Deconstructing Burglary, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
The law of burglary has long played a vital role in protecting hearth and home. Because of the violation of one’s personal space, few crimes engender more fear than burglary; thus, the law should provide necessary safety and security against that fear. Among other things, current statutes aim to deter trespassers from committing additional crimes by punishing them more severely based on their criminal intent before they execute their schemes. Burglary law even protects domestic violence victims against abusers who attempt to invade their lives and terrorize them.
However, the law of burglary has expanded and caused so many problems …
A State For Second Chances: Utah’S Clean Slate Legislation, 2024 S.J. Quinney College of Law, University of Utah
A State For Second Chances: Utah’S Clean Slate Legislation, Madelynn Woolf
Utah Law Review
Utah’s Clean Slate Act and the wave of similar legislation across the country provide a much-needed change to the traditional method of expungements that left many still facing heavy collateral consequences. Utah’s first pass at this legislation struck a good balance, evidenced by bipartisan support. It does not eliminate responsibility for one’s actions, but “[t]hose who violate the law and then pay their debt to society should not be punished indefinitely for the rest of their lives.” This reflects the broader “vision of America, then and now . . . a land of second chances, where one could make a …
Ukraine’S Supreme Court: Upholding Justice Amid War, 2024 Duke Law School
Ukraine’S Supreme Court: Upholding Justice Amid War, Olena Kibenko, Cristobal Diaz
Judicature International
No abstract provided.
Antisocial Innovation, 2024 Duke University School of Law
Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein
Articles
Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive, and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …