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Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group 2017 University of Pennsylvania Law School

Report Of The Delaware Criminal Law Recodification Project, Paul H. Robinson, Matthew Kussmaul, Ilya Rudyak, Criminal Law Research Group

Faculty Scholarship

In 1973, during the “first wave” of American criminal law recodification efforts following the publication of the Model Penal Code, Delaware adopted a new criminal code. While it represented a dramatic improvement over the law it replaced, its initial clarity and utility were greatly diminished by subsequent piecemeal legislation. Delaware’s current criminal code is lengthy, inconsistent, and replete with duplicative and outdated offenses that impose disproportional punishments. This process of criminal code deterioration is not unique to Delaware and plagues other U.S. jurisdictions. In 2015, however, stakeholders in Delaware’s criminal justice system initiated a code revision process ...


The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins 2017 National Center on Sexual Exploitation

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes 2017 National Center on Sexual Exploitation

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The Progressives: Racism And Public Law, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...


Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein 2017 Brooklyn Law School

Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein

Charles H. Klein

No abstract provided.


Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd 2017 Selected Works

Symposium On A Free Press And A Fair Trial - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles 2017 Selected Works

Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles

Mark Niles

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey S. Lubbers 2017 Selected Works

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Jeffrey Lubbers

No abstract provided.


Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod 2017 American University

Riding The Wave: Uplifting Labor Organizations Through Immigration Reform, Jayesh M. Rathod

Jayesh Rathod

No abstract provided.


The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang 2017 American University Washington College of Law

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Janie A Chuang

By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.


Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen 2017 IIT Chicago-Kent College of Law

Marijuana, State Extraterritoriality, And Congress, Mark D. Rosen

Boston College Law Review

The Trump administration inherits the Obama administration’s policy of under-enforcing federal marijuana laws and a nation with a patchwork of divergent state laws. Although allowing diversity and experimentation, such divergence may impose spillover costs to some states. Some states may attempt to address these costs by exercising extraterritorial regulatory powers on their citizens. Although it is unclear and a matter of dispute whether and to what extent states have such extraterritorial authority, this Article shows that it is certain that Congress has power to set the bounds of state extraterritorial regulation, subject to only limited constitutional restraints. The Article ...


Marijuana Legalization And Nosy Neighbor States, Alex Kreit 2017 Thomas Jefferson School of Law

Marijuana Legalization And Nosy Neighbor States, Alex Kreit

Boston College Law Review

As more states proceed with marijuana legalization laws, questions have arisen about how to accommodate those states that wish to retain prohibition. For instance, in 2014, Oklahoma and Nebraska unsuccessfully sued Colorado based on the spillover effects that Colorado’s marijuana legalization law had on its neighboring states. This article asserts that there are several reasons why state marijuana legalization laws are unlikely to have a large effect on neighboring states. First, marijuana is not a previously unobtainable good being introduced into the stream of commerce, as it is already available through the black market inexpensively. Second, legalization laws have ...


Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen 2017 Abbott & Kindermann, Inc.

Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen

Pace Environmental Law Review

This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation ...


Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace 2017 University of Colorado Law School

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

  • U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
  • U.S. Department of ...


The New Unconstitutionality Of Juvenile Sex Offender Registration: Suspending The Presumption Of Constitutionality For Laws That Burden Juvenile Offenders, Spencer Klein 2017 University of Michigan Law School

The New Unconstitutionality Of Juvenile Sex Offender Registration: Suspending The Presumption Of Constitutionality For Laws That Burden Juvenile Offenders, Spencer Klein

Michigan Law Review

In Smith v. Doe, the Supreme Court held that Alaska’s sex offender registration and notification statute did not constitute punishment and was therefore not susceptible to challenge under the Ex Post Facto Clause. In reaching that conclusion, the Court looked to the seven factors articulated in Kennedy v. Mendoza-Martinez. To evaluate those factors, the Court applied a presumption of constitutionality, conducting the sort of narrow factual inquiry characteristic of rational basis review. Since Smith, courts have disagreed as to whether sex offender laws are punitive when applied to juveniles, and the Supreme Court has not yet addressed the issue ...


Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack 2017 Columbia Law School

Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack

Michigan Law Review

For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for ...


A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez 2017 Nevada Law Journal

A.J. V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 28 (June 1, 2017), Briana Martinez

Nevada Supreme Court Summaries

NRS 62C.240 is triggered when circumstances surrounding a juvenile’s arrest plainly demonstrate that the juvenile was arrested for prostitution or solicitation even if the juvenile is charged with offenses other than prostitution or solicitation.


Restoring Equity In Right-To-Work Law, Catherine L. Fisk, Benjamin I. Sachs 2017 UC Irvine School of Law

Restoring Equity In Right-To-Work Law, Catherine L. Fisk, Benjamin I. Sachs

Catherine Fisk

No abstract provided.


More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, Emma Shattuck 2017 SIT Graduate Institute

More Women In Parliament: Advocacy Lessons Learned From The Georgian Women’S Task Force On Political Participation, Emma Shattuck

Capstone Collection

Emma Shattuck – PIM 75

MORE WOMEN IN PARLIAMENT: ADVOCACY LESSONS LEARNED

FROM THE GEORGIAN WOMEN’S TASK FORCE ON POLITICAL PARTICIPATION

May 2017

This Policy Advocacy Course-Linked Capstone is a case study of an on-going advocacy campaign to increase women’s political participation in the Republic of Georgia’s Parliament. It tells the story of a dedicated group of advocates who are determined to help Georgian women’s voices be heard in a primarily male-dominated political context. Drawing on my personal experience living and working in Tbilisi, Georgia, and based on comprehensive key informant interviews with leaders of the campaign ...


The State Of Coal In Wyoming, Sidney A. Smith 2017 University of Wyoming

The State Of Coal In Wyoming, Sidney A. Smith

Honors Theses AY 16/17

Coal has been part of Wyoming’s economy since the late 1800s and continues to have a major influence on the state. Since mining began, trends of rising and falling prices for coal have created economic instability. Currently, Wyoming’s coal industry is experiencing a downturn, leading to lay-offs and financial hardship for the state and municipalities. The Wyoming legislature has attempted to invigorate the industry through several pieces of legislation. Some of these include increasing the purview of the Wyoming Infrastructure Authority, funding the Integrated Technology Center in Gillette, and preventing new taxation on the industry. Governor Matt Mead ...


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