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Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall 2015 University of Pennsylvania

Conscience And Complicity: Assessing Pleas For Religious Exemptions In Hobby Lobby's Wake, Amy Sepinwall

Amy J. Sepinwall

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...


Less Enforcement, More Compliance, Emily Ryo 2015 USC Gould School of Law

Less Enforcement, More Compliance, Emily Ryo

Emily Ryo

A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law—any law—in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. This Article examines unauthorized immigrants and their relationship to the law from a novel perspective with original empirical data to make two major contributions. First, I demonstrate that unauthorized immigrants view themselves and their noncompliance with U.S. immigration law in a manner that is strikingly different from the prevalent view of criminality and lawlessness found in ...


Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma College of Law

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin 2015 SelectedWorks

Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin

Susan S. Bendlin

ABSTRACT: By Susan S. Bendlin

An estimated 1,825 college students die each year from alcohol-related, unintentional injuries. Roughly 599,000 students between the ages of 18 and 24 are injured every year while under the influence of alcohol. Tales of intoxicated college students’ wild, disgusting, and often violent behavior have made the national news. Litigation over alcohol-related incidents on college campuses arises from various situations, including injuries that result from intoxicated students falling, injuries suffered during parties and hazing rituals involving alcohol, and injuries from other assaults that occur after alcohol has been consumed on campus.

At the outset ...


Structural Reform Litigation In American Police Departments, Stephen Rushin 2015 University of Illinois College of Law

Structural Reform Litigation In American Police Departments, Stephen Rushin

Stephen Rushin

In 1994, Congress passed 42 U.S.C. §14141, a statute authorizing the Attorney General to seek equitable relief against local and state police agencies that are engaged in a pattern or practice of unconstitutional misconduct. Although police departments in some of the nation’s largest cities have now undergone this sort of structural reform litigation, there has been little empirical research on the topic. Drawing on original interviews, court documents, statistical data, and media reports, this Article describes the federal government’s use of structural reform litigation in American police departments and theorizes on its effectiveness. It argues that ...


Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys 2015 University of Iowa

Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys

Todd E. Pettys

In a recent, widely publicized study, a prestigious team of political scientists concluded that there is strong evidence of ideological in-group bias among the Supreme Court’s members in First Amendment free-expression cases, with the current four most conservative justices being the Roberts Court’s worst offenders. Beneath the surface of the authors’ conclusions, however, one finds a surprisingly sizable combination of coding errors, superficial case readings, and questionable judgments about litigants’ ideological affiliations. Many of those problems likely flow either from shortcomings that reportedly afflict the Supreme Court Database (the data set that nearly always provides the starting point ...


First Amendment Decisions - 2002 Term, Joel Gora 2014 Touro College Jacob D. Fuchsberg Law Center

First Amendment Decisions - 2002 Term, Joel Gora

Touro Law Review

No abstract provided.


Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat 2014 University of Georgia School of Law

Legal Aid And The Indigent Accused In South Africa: A Proposal For Reform, Lynn Berat

Georgia Journal of International & Comparative Law

No abstract provided.


Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente 2014 SelectedWorks

Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente

Tara M. Parente

This paper explores how popular culture portrays attorney decision-making and its consequences. This paper compares and contrasts two films in order to exemplify how attorneys are portrayed throughout film and how this carries over into real life. Attorneys are faced with ethical dilemmas at all times, especially throughout career advancement and the decisions made tend to affect every aspect of an attorney's life.


¿Razón, Trabajo Y Corazón?: Los Mitos De Una Ilusa Conciliación (Comentario Al Nuevo Régimen Laboral Juvenil), joshimar de la cruz aroni 2014 SelectedWorks

¿Razón, Trabajo Y Corazón?: Los Mitos De Una Ilusa Conciliación (Comentario Al Nuevo Régimen Laboral Juvenil), Joshimar De La Cruz Aroni

Joshimar De la cruz Aroni

Critical Legal Studies


Dual Rationality Of Same-Sex Marriage: Creation Of New Rights In The Shadow Of Incomplete Contract Paradigm, Saby Ghoshray 2014 University of Massachusetts School of Law

Dual Rationality Of Same-Sex Marriage: Creation Of New Rights In The Shadow Of Incomplete Contract Paradigm, Saby Ghoshray

University of Massachusetts Law Review

In an effort to reconcile the inconsistency between liberal ideals and inequitable adjudication of marriage rights amongst our citizens, this article will seek answers to these issues. By straddling the contractual confines of marriage via law and economic analysis, Part II of the article explores the contractual paradigm of marriage to examine whether the framework is independent of sexual orientation and it the deliberately incomplete nature of marriage can provide consistencies for all types of marriages. Part III examines whether the private aspiration of marriage should necessarily be linked with public consequences by evaluating the impact of marriage’s social ...


What's A Lower Court To Do? Limiting Lawrence V. Texas And The Right To Sexual Autonomy, John Tuskey 2014 Touro College Jacob D. Fuchsberg Law Center

What's A Lower Court To Do? Limiting Lawrence V. Texas And The Right To Sexual Autonomy, John Tuskey

Touro Law Review

No abstract provided.


The Week After, Lawrence K. Karlton 2014 Touro College Jacob D. Fuchsberg Law Center

The Week After, Lawrence K. Karlton

Touro Law Review

No abstract provided.


Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson 2014 Touro College Jacob D. Fuchsberg Law Center

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

Touro Law Review

No abstract provided.


Section 1983 Cases In The October 2004 Term, Martin A. Schwartz 2014 Touro College Jacob D. Fuchsberg Law Center

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Touro Law Review

No abstract provided.


Strengthening The Foundation For World Peace - A Case For Democratizing The United Nations, Jarvis J. Lagman Esq. 2014 SelectedWorks

Strengthening The Foundation For World Peace - A Case For Democratizing The United Nations, Jarvis J. Lagman Esq.

Jarvis J. Lagman Esq.

ABSTRACT

Strengthening the Foundation for World Peace:

A Case for Democratizing the United Nations

By Jarvis J. Lagman, Esq.

The objective of this treatise is to show how the democratization of the United Nations would strengthen the foundation for world peace by increasing its effectiveness as a transnational governmental institution, promoting the harmonization of how different political systems value political legitimacy and facilitating the diffusion of democratic culture in a manner that minimizes conflict with existing political hegemonies. The achievement of a sustainable world peace requires the global harmonization of political systems to recognize each individual’s right to self-determination ...


Attorney Liability In Lien Enforcement: The Untapped Potential Of The Fair Debt Collection Practices Act, Adam Deutsch 2014 SelectedWorks

Attorney Liability In Lien Enforcement: The Untapped Potential Of The Fair Debt Collection Practices Act, Adam Deutsch

Adam Deutsch

Consumer debt in the United States is valued at $11.4 trillion and an estimated 77 million individual consumers have a debt in default collection status. Debt collection is a fast growing industry troubled by unscrupulous behavior by collectors. In the second half of 2013 the Consumer Finance Protection Bureau received more than 30,000 complaints of abusive behavior by debt collectors. The Fair Debt Collection Practices Act enacted by Congress in 1977 provides guidelines to limit abusive collection practices and created a private right of action for consumer victims. This article explores the powerfully broad but underutilized strict liability ...


To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma 2014 Pace University

To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma

Pace Law Review

States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be ...


Tipping The Scales In Favor Of Charitable Bequests: A Critique, Elizabeth R. Carter 2014 Pace University

Tipping The Scales In Favor Of Charitable Bequests: A Critique, Elizabeth R. Carter

Pace Law Review

The public policy favoring testamentary bequests to charities is well established in the law. However, that public policy can, and does, conflict with other equally well-founded public policies. When confronted with this conflict, courts are often dismissive or even hostile towards the parties seeking to challenge a testamentary bequest to a charity. I argue that the policy favoring charitable giving has gone too far and has, in some instances, undermined other important public policies. Specifically, courts and legislators have strengthened the charitable bequest policy without giving enough consideration to other, equally important public policies. This problem is not new. History ...


On Apology, Robert Ward 2014 University of Massachusetts School of Law

On Apology, Robert Ward

University of Massachusetts Law Review

On February 16, 2006, Dr. Aaron Lazare, Dean and Chancellor of the University of Massachusetts Medical Center, addressed an assembly at the Southern New England School of Law on his critically acclaimed book entitled: “On Apology!” According to Dr. Lazare, to be an effective apology, there must be acknowledgement, remorse, explanation and reparation. Dr. Lazare advances the hypothesis that the current proliferation of cases in our legal system is predicated on the concept that often the aggrieved party was not the beneficiary of an effective apology. In the context of the patient-physician relationship, an effective apology means telling the patient ...


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