Law and Society Commons^™

A Chill Wind Blows: Undue Burden In The Wake Of Whole Woman’S Health V. Hellerstedt, Catherine Gamper

Maryland Law Review

No abstract provided.

Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

On July 6, 2010, Singapore's Internal Security Department (ISD) announced that a “self-radicalized,” full-time national serviceman had been detained under the Internal Security Act (ISA) since April 4, 2010. Muhammad Fadil bin Abdul Hamid (Fadil), age 20, would be detained under the ISA for two years in the first instance. According to the media statement, Fadil had become convinced that “it was his religious duty to undertake armed jihad alongside fellow militants and strive for martyrdom.” According to local media reports, Fadil was the sixth known case of self-radicalization. Fadil was subsequently released on a Restriction Order on April 4, …

Excessive Lethal Force, Melissa Hamilton

Northwestern University Law Review

This Essay considers the use by Dallas police officers of a robot armed with plastic explosives to kill a suspected gunman on a shooting rampage in 2016. In the wake of Dallas, many legal experts in the news maintained that the police action was constitutional. The commentators' consensus was that as long as the police had the right to use lethal force, then the means of that force is irrelevant. This Essay argues the contrary. Under the current state of the constitutional law on the police use of force on a suspected felon, excessive lethal force is a valid consideration. …

Regulating By Robot: Administrative Decision Making In The Machine-Learning Era, Cary Coglianese, David Lehr

All Faculty Scholarship

Machine-learning algorithms are transforming large segments of the economy, underlying everything from product marketing by online retailers to personalized search engines, and from advanced medical imaging to the software in self-driving cars. As machine learning’s use has expanded across all facets of society, anxiety has emerged about the intrusion of algorithmic machines into facets of life previously dependent on human judgment. Alarm bells sounding over the diffusion of artificial intelligence throughout the private sector only portend greater anxiety about digital robots replacing humans in the governmental sphere. A few administrative agencies have already begun to adopt this technology, while others …

Reflection: How Multiracial Lives Matter 50 Years After Loving, Lauren Sudeall Lucas

Faculty Publications By Year

Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter - but do they …

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

John C. Eastman

Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon

Catherine Fisk

No abstract provided.

Newsroom: Horwitz On Panhandling Ordinances And The First Amendment 05-26-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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 …

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 23 (Rule 23) …

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 that …

A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome

Georgia State University Law Review

In Furman v. Georgia, the U.S. Supreme Court agreed with Furman’s counsel. Three Justices agreed that Georgia law, as applied, was arbitrary and potentially discriminatory. Moreover, one Justice challenged the value of the death penalty and doubted it served any of the alleged purposes for which it was employed.

Although many challenges subsequent to Furman have been raised and arguably resolved by the Court, the underlying challenges raised by Furman appear to remain prevalent with the Court. Justice Breyer recently echoed the concurring opinions of Furman in his dissenting opinion from Glossip v. Gross, when he stated: “In …

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 those …

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, ethnicity, and …

Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz

Law School Blogs

No abstract provided.

The Pro Bono Collaborative Project Spotlight 05-23-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe

NSU Law Seminar Series

This particular seminar is designed to educate attorneys on the importance of communicating and navigating a civil case while maintaining a level of professionalism, civility, and integrity to the profession, opposing party, and the court. Learning Outcomes include:

1. How to maintain a level of civility while competently represent clients in civil cases in Florida
2. Review standards of conduct in the context of a lawyer’s responsibility to perceive and protect the image of the profession

The Florida Bar CLE credits - General 2.0, Ethics 0.5 The Florida Bar Certification Credits - Civil Trial 2.0

Tattoos And Criminal Behavior: An Examination Of The Relationship Between Body Art And Crime, Daniel D. Dajani

Student Theses

This thesis investigates the relationship between having tattoos and crime. A review of past research concerning tattoos, crime and other forms of deviancy demonstrates that a relationship exists to some extent. This thesis gathers new data concerning tattoos and crime and adds to the knowledge base by examining the alterations in the correlation and what may be causing said alterations. This thesis utilized the survey method and participants were recruited via a mix of in-person and online strategies. We aimed to garner participation from a varied group of respondents that would ensure data relevant to the study would be produced …

Solitary Confinement: Social Death And Its Afterlives, Jen Rushforth

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.

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

Student Scholar Symposium 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 …