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The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay 2018 University of Baltimore School of Law

The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay

Roger Williams University Law Review

No abstract provided.


Innovation Diffusion In The Legal Industry, William D. Henderson 2018 Indiana University, Maurer School of Law

Innovation Diffusion In The Legal Industry, William D. Henderson

Dickinson Law Review

This article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an “innovation diffusion curve” and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research in ...


The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy 2018 Washington University in St. Louis School of Law

The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy

Dickinson Law Review

This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for ...


The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro 2018 IIT Chicago-Kent College of Law

The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro

Dickinson Law Review

At Justice Neil Gorsuch’s confirmation hearing, then-Judge Gorsuch repeatedly insisted that judging involves no more than examining the legal materials—like statutes and precedents— and applying them to the facts of the case. There is, he emphasized, no room for a Justice’s “personal views,” and he refused even to state his agreement (or disagreement) with such iconic cases as Loving v. Virginia and Griswold v. Connecticut. Instead, then Judge Gorsuch reiterated only that they were precedents of the Court and thus entitled to respect. Frustrating as his answers may have been to some senators, however, they differed from ...


It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White 2018 Southern University Law Center

It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White

Dickinson Law Review

The United States Constitution provides individuals convicted of a crime with “a second bite at the apple.” The Sixth Amendment provides an avenue to appeal one’s conviction based on the claim of “ineffective assistance of counsel.” What were the Framers’ true intentions in using the phrase “effective assistance of counsel”? How does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 affect habeas corpus appeals? This article answers these questions through the eyes of Thomas—a fictional character who is appealing his murder conviction.

This article first looks at the history surrounding effective assistance of counsel and discusses ...


The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels 2018 Dickinson School of Law of the Pennsylvania State University

The End Of Special Treatment For Cubans In The U.S. Immigration System: Consequences And Solutions For Cubans With Final Orders Of Removal, Lindsay Daniels

Dickinson Law Review

In January 2016, former President Obama announced the end of the “Wet-Foot, Dry-Foot” Policy, which granted special immigration benefits to Cuban migrants. As part of the agreement to end this policy, the Cuban government agreed to take back its citizens with final orders of removal for criminal convictions, an action that it had refused to take for decades. This Comment will begin by exploring past and present immigration policies between the United States and Cuba, including recent developments like the normalization of relations and the impact of President Trump’s immigration policies.

This Comment will then explore possible avenues of ...


Keeping Up With Your Sister Court: Unpublished Memorandums, No-Citation Rules, And The Superior Court Of Pennsylvania, Logan Hetherington 2018 Dickinson School of Law of the Pennsylvania State University

Keeping Up With Your Sister Court: Unpublished Memorandums, No-Citation Rules, And The Superior Court Of Pennsylvania, Logan Hetherington

Dickinson Law Review

As Pennsylvania’s intermediate appellate court of general jurisdiction, the Pennsylvania Superior Court decides thousands of cases each year. The vast majority of those cases are disposed of via unpublished memorandums. These unpublished memorandums are designated as non-precedential and may not be cited by parties before the Superior Court. As a result, litigants and their counsel may not even persuasively cite an unpublished memorandum in briefs or other papers submitted to the Court. Thus, if counsel finds an unpublished memorandum deciding the identical issue of the case at hand and counsel is before the Superior Court judge who authored that ...


Qui Tam Litigation Against Government Officials: Constitutional Implications Of A Neglected History, Randy Beck 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 ...


A Reformed Liberalism: Michael Mcconnell’S Contributions To Christian Jurisprudence, Nathan Chapman 2018 University of Georgia

A Reformed Liberalism: Michael Mcconnell’S Contributions To Christian Jurisprudence, Nathan Chapman

Scholarly Works

Michael McConnell is one of the most influential constitutional scholars of the past thirty years. He has written a great deal about religious liberty, but relatively little about how his own religious beliefs may relate to his constitutional jurisprudence. This essay is the first to explore the connection between McConnell’s religious views and scholarship. The essay engages with a short piece by McConnell that sketches the outlines of a “reformed liberalism.” McConnell argued that reformed Christian theology is compatible with the classical liberalism that animated the framing of the U.S. Constitution. Though he did not develop this account ...


International Law And The Balfour Decision, Geoffrey R. Watson 2018 The Catholic University of America, Columbus School of Law

International Law And The Balfour Decision, Geoffrey R. Watson

Scholarly Articles and Other Contributions

The Balfour Declaration had enormous political significance, but did it have any legal force? Was it legally binding, exposing Britain to legal remedies for its breach, or was it merely an expression of policy that could be disregarded without legal consequences? These questions are of intense interest to legal historians, but they also have contemporary political relevance. The issue is not so much whether Britain might be liable to the Palestinians for failing to safeguard the “civil and religious rights” of non-Jewish residents of Palestine, though that is a theoretical possibility. Instead, the question is whether the Declaration is legally ...


Internationalizing And Historicizing Hart’S Theory Of Law, Norman P. Ho 2018 Peking University School of Transnational Law

Internationalizing And Historicizing Hart’S Theory Of Law, Norman P. Ho

Washington University Jurisprudence Review

In The Concept of Law – which continues to enjoy the central position in the field of analytical jurisprudence five decades after its initial publication – H.L.A. Hart makes two powerful claims. He argues that his theory of law is universal (in that it can apply to any legal culture) and timeless (in that it can apply to different times in history). Despite the sweeping, bold nature of these claims, neither Hart nor the large body of scholarship that has responded to, criticized, and refined Hart’s model of law over the past few decades has really tested whether Hart ...


Dworkin's Incomplete Interpretation Of Democracy, Alexander Latham 2018 Swansea University

Dworkin's Incomplete Interpretation Of Democracy, Alexander Latham

Washington University Jurisprudence Review

This essay mounts an immanent critique of Dworkin’s defense of judicial review. Taking Dworkin’s methodology of constructive interpretation as my starting point, I argue that when analyzing the role that political institutions play in democracy, Dworkin fails to take his own method far enough. In particular, he limits his constructive interpretation of democracy to the practice of voting, overlooking the distinctive democratic values implicit within the institutions and practices of legislation by representative assembly. Ironically, given his well-known critique of majoritarian democracy, this failure leads Dworkin to adopt majoritarianism as a starting point when assessing particular institutions. A ...


High Priorities: Land Use, Marijuana, And Meta-Values, Spenser Owens 2018 Washington University in St. Louis

High Priorities: Land Use, Marijuana, And Meta-Values, Spenser Owens

Washington University Jurisprudence Review

This Note will examine the motivations surrounding the adoption of zoning ordinances pertaining to the production and sale of marijuana through the lens of John Dewey’s theory of valuation. Applying Dewey’s theory to the zoning ordinances of a sampling of state and local governments, I will argue first that the choice of land uses to be regulated and restricted through local zoning ordinances is ultimately referable to values held by the community in which the ordinances are enacted. Second, I will argue that the decisions made on the state level carry more “value” as defined by Dewey’s ...


Freedom And Affordances Of The Net, Christoph B. Graber 2018 Universtity of Zurich, Faculty of Law

Freedom And Affordances Of The Net, Christoph B. Graber

Washington University Jurisprudence Review

This Article is about the relationship between technology and society in fundamental rights theory. So far, the discussion about law and technology has generally been one-directional within the most relevant branches of the social sciences; scholars of the law have been treating technology as a black box when conducting their analyses or developing their theories. In turn, science and technology studies have considered law and regulation as a closed book, which is unsatisfactory as well. Reductionist and compartmentalized theorizing is particularly problematic when it comes to conceiving a fundamental rights theory that is able to cope with challenges of the ...


Colonial Control And Power Through The Law: Territoriality, Sovereignty, And Violence In German South-West Africa, Caleb Joseph Cumberland 2018 Bard College

Colonial Control And Power Through The Law: Territoriality, Sovereignty, And Violence In German South-West Africa, Caleb Joseph Cumberland

Senior Projects Spring 2018

Senior Project submitted to The Division of Social Studies of Bard College


A Historical Reassessment Of Congress's "Power To Dispose Of" The Public Lands, Jeffrey M. Schmitt 2018 University of Dayton

A Historical Reassessment Of Congress's "Power To Dispose Of" The Public Lands, Jeffrey M. Schmitt

School of Law Faculty Publications

The Property Clause of the Constitution grants Congress the “Power to Dispose” of federal land. Congress uses this Clause to justify permanent federal land ownership of approximately one-third of the land within the United States. Legal scholars, however, are divided as to whether the original understanding of the Clause supports this practice. While many scholars argue that the text and intent of the framers show that Congress has the power to permanently own land within the states, others contend that these sources demonstrate that Congress has a duty to dispose of all federal land not held pursuant to another enumerated ...


Homestead: A (New) Hope, Thomas E. Simmons 2017 University of South Dakota School of Law

Homestead: A (New) Hope, Thomas E. Simmons

Thomas E. Simmons

A finely-tuned balancing of the free functioning of private and commercial enterprise against a family's interests in shelter and a home is at the heart of homestead exemption laws. In South Dakota's history, this balancing act has been displayed over a 145-year history in the form of legislative enactments, judicial decisions, and referendums. This history illuminates the expression of values against the dynamics of rule-making. A previously published article in this review, Prequel to Homestead, outlined South Dakota's homestead laws under the contemporary statutory framework and also considered the constitutional history of homestead laws leading up to ...


Formal And Informal Amendment Of The United States Constitution, Richard S. Kay 2017 Selected Works

Formal And Informal Amendment Of The United States Constitution, Richard S. Kay

Richard Kay

This is the United States report submitted for the session on Formal and Informal Constitutional Amendment at the Twentieth Congress of the International Academy of Comparative Law to be held in Fukuoka, Japan in July, 2018. The report reviews the rules of Article V of the United States Constitution that sets out the rules for constitutional amendment and it provides a brief chronology of the twenty-eight amendments adopted to date. It notes a number of potential problems of interpretation associated with Article V. The report considers the widely held assumption that the United States Constitution is one of the hardest ...


The Oral History Of A.J. "Bud" Hicks, UNLV Gaming Law Journal, University of Nevada, Las Vegas -- William S. Boyd School of Law 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Oral History Of A.J. "Bud" Hicks, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

A.J. “Bud”Hicks is known to be one of Nevada’s most experienced gaming law practitioners. He formerly served as the Chief Deputy Attorney General, representing the Nevada Gaming Control Board and the Nevada Gaming Commission. Today, Hicks continues to practice gaming law, working with clients that include publicly traded gaming companies, lenders of gaming operators, and others who seek to enter the gaming industry.


The Oral History Of Jan Jones Blackhurst, UNLV Gaming Law Journal, University of Nevada, Las Vegas -- William S. Boyd School of Law 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Oral History Of Jan Jones Blackhurst, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

Jan Jones Blackhurst served as thefirst female mayorof Las Vegasfrom 1991 to 1999. Following her second term as mayor, she joined Caesars Entertainment, where she created the casino industry’s first regulatory practices for problem gaming. Today, Jones Blackhurst continues to make a lasting impact on Las Vegas and itsgaming industry as Caesar Entertainment’s Executive Vice President of Public Policy and Corporate Responsibility


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