Public Defense Litigation: An Overview, 2018 Georgia State University College of Law
Public Defense Litigation: An Overview, Lauren Sudeall Lucas
Faculty Publications By Year
No abstract provided.
Substantive Due Process And The Politicization Of The Supreme Court, 2018 Claremont Colleges
Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman
CMC Senior Theses
Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.
This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role in shaping …
Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Realizing Restorative Justice: Legal Rules And Standards For School Discipline Reform, Lydia Nussbaum
Scholarly Works
Zero-tolerance school disciplinary policies stunt the future of school children across the United States. These policies, enshrined in state law, prescribe automatic and mandatory suspension, expulsion, and arrest for infractions ranging from minor to serious. Researchers find that zero-tolerance policies disproportionately affect low-income, minority children and correlate with poor academic achievement, high drop-out rates, disaffection and alienation, and greater contact with the criminal justice system, a phenomenon christened the "School-to-Prison Pipeline."
A promising replacement for this punitive disciplinary regime derives from restorative justice theory and, using a variety of different legal interventions, reform advocates and lawmakers have tried to institute …
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Our National Psychosis: Guns, Terror, And Hegemonic Masculinity, Stewart Chang
Scholarly Works
In this Article, Professor Stewart Chang, through the examination of three recent mass shooting, proposes that mass shootings driven by hegemonic masculinity should be classified and addressed as acts of terrorism. Professor Chang defines hegemonic masculinity as patterns or practices that promote the dominant social position of men and the subordinate social position of women and other gender identities. In this Article, he examines how hegemonic masculinity is allowed to become mainstream and flourish unchecked based on our characterization, classification and reaction to mass shootings and their perpetrators.
The Masculinity Motivation, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Masculinity Motivation, Ann C. Mcginley
Scholarly Works
In this essay, Professor Ann McGinley explores a phenomenon she coins the Masculinity Motivation. Society and courts ignore that harassing behaviors and the motives behind them are nearly identical in schools and workplaces. Moreover, the motives driving same-sex harassment are often the same as those causing sex-based harassment of women and girls. These motives include proving the perpetrators' and their group's masculinity, punishing those who do not adhere to gender expectations, and upholding conventional gender norms. Professor McGinley advocates for courts to broadly define "because of sex" under Titles VII and IX by clarifying that harassment motivated to denigrate the …
Judicial Peremptory Challenges As Access Enhancers, 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Judicial Peremptory Challenges As Access Enhancers, Jeffrey W. Stempel
Scholarly Works
Discussions regarding diminishing access to justice have centered on the high disputing costs, gradual contraction of substantive rights, and increasingly defendant-friendly procedure. The importance of the ideological, experiential, and jurisprudential orientation of the judges presiding over litigation at the trial level has received much less-and insufficient-attention. Because so much focus has been on federal appellate courts, commentators have largely overlooked a potentially powerful tool for improving access and promoting a fair airing of claims at the trial level: a litigant's automatic ability to transfer a case to a different judge as a matter of right to avoid judges who are …
Keeping The Rule Of Law Simple: Comments On Gowder, The Rule Of Law In The Real World, 2018 Saint Louis University School of Law
Keeping The Rule Of Law Simple: Comments On Gowder, The Rule Of Law In The Real World, Chad Flanders
All Faculty Scholarship
Let me start by just stating my experience of reading The Rule of Law in the Real World1 because it will help make sense of the structure of my remarks. The first third of the book: I am utterly convinced, even blown away, by the elegance and persuasiveness of the argument and the analysis; even when there is merely a summary, I am helped and bettered by it. The second third of the book: I am inclined, based on the enormous goodwill generated by the first third of the book to accept-almost uncritically-the historical discussion and the conclusions drawn …
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, 2018 University of Mississippi School of Law
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, Stacey M. Lantagne
University of Richmond Law Review
No abstract provided.
Legal Deserts, 2018 Georgia State University College of Law
Legal Deserts, Lauren Sudeall, Lise R. Pruitt, Danielle M. Conway, Michele Statz, Hannah Haksgaard, Amanda L. Kool
Vanderbilt Law School Faculty Publications
Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of the crisis is the dearth of information and research regarding the extent of the problem and its impacts. This Article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the Article …
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, 2018 University of Miami School of Law
Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri
Articles
No abstract provided.
Deliberative Public Engagement With Science: An Empirical Investigation, 2018 University of Nebraska
Deliberative Public Engagement With Science: An Empirical Investigation, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Frank J. Gonzalez, Alan Tomkins
Lisa PytlikZillig Publications
The purpose of this book is to share some results and the data from four studies in which we used experimental procedures to manipulate key features of deliberative public engagement to study the impacts in the context of deliberations about nanotechnology. In this chapter, we discuss the purpose of this book, which is to advance science of public engagement, and the overarching question motivating our research: What public engagement methods work for what purposes and why? We also briefly review existing prior work related to our overarching goal and question and introduce the contents of the rest of the book. …
When Popular Culture And The Nfl Collide: Fan Responsibility In Ending The Concussion Crisis, 2018 Barry University
When Popular Culture And The Nfl Collide: Fan Responsibility In Ending The Concussion Crisis, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Can Cyber Harassment Laws Encourage Online Speech?, 2018 Dalhousie University Schulich School of Law
Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney
Articles, Book Chapters, & Popular Press
Do laws criminalizing online harassment and cyberbullying "chill" online speech? Critics often argue that they do. However, this article discusses findings from a new empirical legal study that suggests, counter-intuitively, that while such legal interventions likely have some dampening effect, they may also facilitate and encourage more speech, expression, and sharing by those who are most often the targets of online harassment: women. Relevant findings on this point from this first-of-its-kind study are set out and discussed along with their implications.
Intellectual Property And Culture, 2018 Dalhousie University, Schulich School of Law
Intellectual Property And Culture, Lucie Guibault
Articles, Book Chapters, & Popular Press
This paper takes a critical look at the interaction between intellectual property law and culture using three examples, namely: 1) the need to preserve and disseminate culture, through the recognition of cultural heritage institutions' vital role in society; 2) the need to maintain culture from depreciation, through the safeguard of a strong public domain; and 3) the need to let culture evolve, through the protection of Traditional Cultural Expressions (TCE's). This brief study shows that, although IP rights can be said to afford useful protection to objects of culture – taken in the narrow sense of ‘culture’, they can also …
Its Own Dubious Battle: The Impossible Defense Of An Effective Right To Strike, 2018 University of Colorado Law School
Its Own Dubious Battle: The Impossible Defense Of An Effective Right To Strike, Ahmed White
Publications
One of the most important statutes ever enacted, the National Labor Relations Act envisaged the right to strike as the centerpiece of a system of labor law whose central aims included dramatically diminishing the pervasive exploitation and steep inequality that are endemic to modern capitalism. These goals have never been more relevant. But they have proved difficult to realize via the labor law, in large part because an effective right to strike has long been elusive, undermined by courts, Congress, the NLRB, and powerful elements of the business community. Recognizing this, labor scholars have made the restoration of the right …
The Transparency Tax, 2018 University of Kentucky
The Transparency Tax, Andrew Keane Woods
Law Faculty Scholarly Articles
Transparency is critical to good governance, but it also imposes significant governance costs. Beyond a certain point, excess transparency acts as a kind of tax on the legal system. Others have noted the burdens of maximalist transparency policies on both budgets and regulatory efficiency, but they have largely ignored the deeper cost that transparency imposes it constrains one’s ability to support the law while telling a self-serving story about what that support means.
In order to understand this tax, this Article develops a taxonomy of transparency types. Typically, transparency means something like openness. But openness about what – the law’s …
Qui Tam Litigation Against Government Officials: Constitutional Implications Of A Neglected History, 2018 University of Georgia School of Law
Qui Tam Litigation Against Government Officials: Constitutional Implications Of A Neglected History, Randy Beck
Scholarly Works
The Supreme Court concluded twenty-five years ago, in Lujan v. Defenders of Wildlife, that uninjured private plaintiffs may not litigate “generalized grievances” about the legality of executive branch conduct. According to the Lujan Court, Congress lacked power to authorize suit by a plaintiff who could not establish some “particularized” injury from the challenged conduct. The Court believed litigation to require executive branch legal compliance, brought by an uninjured private party, is not a “case” or “controversy” within the Article III judicial power and impermissibly reassigns the President’s Article II responsibility to “take Care that the Laws be faithfully executed.” The …
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, 2018 Boston University School of Law
Why Courts Fail To Protect Privacy: Race, Age, Bias, And Technology, Christopher Robertson, Bernard Chao, Ian Farrell, Catherine Durso
Faculty Scholarship
The Fourth Amendment protects against unreasonable “searches and seizures,” but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question is supposed to depend on and reflect the “reasonable expectations” of ordinary members of the public concerning their own privacy. For example, the police now exploit the “third party” doctrine to access data held by email and cell phone providers, without securing a warrant, on the Supreme Court’s intuition that the public has no expectation of privacy in that information. Is that assumption correct? If …
Deferred Prosecution Agreements In Singapore?, 2018 Singapore Management University
Deferred Prosecution Agreements In Singapore?, Eunice Chua
Research Collection Yong Pung How School Of Law
On 15 January 2018, Minister for Law and Home Affairs K Shanmugam said at a dialogue organised by the Law Society that deferred prosecution agreements (DPAs) could be introduced in Singapore as part of proposed changes to the criminal justice system. DPAs are agreements by the prosecutor to suspend prosecution of a corporate entity if it complies with specific conditions. If the corporation fails to comply with the conditions, the prosecution may resume. This post examines the case for and against DPAs and explores the issues they may present in the Singapore context.
Nova Scotia Home For Colored Children Restorative Inquiry: Council Of Parties Third Public Report, 2018 Dalhousie University - Schulich School of Law
Nova Scotia Home For Colored Children Restorative Inquiry: Council Of Parties Third Public Report, Jennifer Llewellyn, Jean Flynn, Chief Judge Pam Williams, Deborah Emmerson, Michael Dull, Dean Smith, Wayn Hamilton, George Gray, Tony Smith, Gerald Morrison, Joan Jones
Reports & Public Policy Documents
The Nova Scotia Home for Colored Children Restorative Inquiry was established following a 17-year journey for justice by former residents of the Nova Scotia Home for Colored Children (NSHCC, or the Home). It was established under the authority of the Public Inquiries Act following a collaborative design process involving former residents, Government, and community members.
This public inquiry was the first of its kind in Canada to take a restorative approach. The Inquiry was a part of the Government of Nova Scotia’s commitment to respond to the institutional abuse and other failures of care experienced by former residents of the …