The Constitution As Poetry,
2019
Seton Hall University
The Constitution As Poetry, Samuel J. Levine
Seton Hall Law Review
No abstract provided.
Test Validity: Faster Is Not Necessarily Better,
2019
Seton Hall University
Test Validity: Faster Is Not Necessarily Better, Ruth Colker
Seton Hall Law Review
No abstract provided.
Pulling Back The Curtain: Implicit Bias In The Law School Dean Search Process,
2019
Seton Hall University
Pulling Back The Curtain: Implicit Bias In The Law School Dean Search Process, Michele Benedetto Neitz
Seton Hall Law Review
No abstract provided.
Rational Patient Apathy,
2019
Seton Hall University
Rational Patient Apathy, Barbara A. Noah, Rene Reich-Graefe
Seton Hall Law Review
No abstract provided.
Discovery Of Expert Witnesses: Amending Rule 26(B)(4)(E) To Limit Expert Fee Shifting And Reduce Litigation Abuses,
2019
Seton Hall University
Discovery Of Expert Witnesses: Amending Rule 26(B)(4)(E) To Limit Expert Fee Shifting And Reduce Litigation Abuses, Danielle M. Shelton
Seton Hall Law Review
No abstract provided.
Timbs V. Indiana: The Constitutionality Of Civil Forfeiture When Used By States,
2019
Duke Law
Timbs V. Indiana: The Constitutionality Of Civil Forfeiture When Used By States, Kris Fernandez
Duke Journal of Constitutional Law & Public Policy Sidebar
In Timbs v. Indiana, Petitioner Tyson Timbs asks the Supreme Court to incorporate the Excessive Fines Clause of the Eighth Amendment against the states, providing extra protection for individuals against fines and forfeiture that are “grossly disproportionate” to the harm caused. The decision to incorporate the Excessive Fines Clause and the guidelines for applying that incorporation would have a substantial effect on governments, which often rely on the revenue gained from forfeiture. This commentary argues that the Supreme Court of the United States should incorporate the Excessive Fines Clause based on historical support of an individual’s right to be ...
Swords Into Plowshares: Nuclear Power And The Atomic Energy Act’S Preemptive Scope In Virginia Uranium, Inc. V. Warren,
2019
Duke Law
Swords Into Plowshares: Nuclear Power And The Atomic Energy Act’S Preemptive Scope In Virginia Uranium, Inc. V. Warren, Francis X. Liesman
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary highlights the considerations the Supreme Court should attend to in its decision in Virginia Uranium, Inc. v. Warren, both in construing § 2021(k) and in reviewing the Fourth Circuit’s reading of precedent from other circuits and from the Court’s prior opinions. Specifically, the Court must clarify how to interpret § 2021(k)’s activities component in concert with its “for purposes” language and determine the importance of the particular underlying activity the state seeks to regulate in a preemption analysis under the Atomic Energy Act. Clarification is necessary to ensure that courts properly effectuate Congress’s intent ...
Bucklew V. Precythe: The Power Of Assumptions And Lethal Injection,
2019
Duke Law
Bucklew V. Precythe: The Power Of Assumptions And Lethal Injection, Renata Gomez
Duke Journal of Constitutional Law & Public Policy Sidebar
Once again, the Supreme Court of the United States has an opportunity to determine the extent to which death-row inmates can bring as-applied challenges to the states’ method of execution and prevent possible botched executions. In Bucklew v. Precythe, the Court will confront the assumptions that the execution team is equipped to handle any execution and that the procedure will go as planned. Additionally, the Court will determine whether the standard articulated in Glossip v. Gross, which requires inmates asserting facial challenges to the states’ method of execution to plead a readily available alternative method of execution, further extends to ...
Stepping Into The Breach: State Constitutions As A Vehicle For Advancing Rights-Based Climate Litigation,
2019
Duke Law
Stepping Into The Breach: State Constitutions As A Vehicle For Advancing Rights-Based Climate Litigation, Benjamin T. Sharp
Duke Journal of Constitutional Law & Public Policy Sidebar
The perceived failures of the political branches to mitigate climate change have led climate change activists to seek alternative means to achieve reductions in greenhouse gas emissions; many are turning to litigation. The claims in these cases rely on a variety of legal bases, but this Note will focus on those cases claiming that governments’ failures to prevent climate change amount to violations of the plaintiffs’ constitutional rights under the Due Process Clause of the Fifth Amendment. Rights-based climate change litigation is likely to increase in the future. Among the most prominent of the surviving rights-based cases is Juliana v ...
The Popular But Unlawful Armed Reprisal,
2019
University of Notre Dame Law School
The Popular But Unlawful Armed Reprisal, Mary Ellen O'Connell
Ohio Northern University Law Review
No abstract provided.
Reclaiming The Intellectual,
2019
University of Cincinnati College of Law Center for Race, Gender, and Social Justice
Reclaiming The Intellectual, Emily M.S. Houh
Ohio Northern University Law Review
No abstract provided.
No Indeterminate Sentencing Without Parole,
2019
Sandra Day O'Connor College of Law
No Indeterminate Sentencing Without Parole, Katherine Puzauskas, Kevin Morrow
Ohio Northern University Law Review
This article looks critically at the indeterminate sentencing system that survived after the elimination of parole in Arizona in 1993. It begins by exploring the purpose and history of indeterminate sentencing and parole as well as its earliest constitutional challenges and eventual decline. Next it compares two commonly confused forms of “release”: parole and executive clemency. The article then examines the three types of defendants affected by indeterminate sentences without parole: death row defendants denied parole eligibility instructions at trial, defendants sentenced with parole at trial, and defendants whose plea agreement includes parole. Finally, the article argues that without parole ...
A Conceptual And Comparative Analysis Of The Obligations Of Third-Party Certifiers,
2019
Ghent University Law School
A Conceptual And Comparative Analysis Of The Obligations Of Third-Party Certifiers, Jan De Bruyne
Ohio Northern University Law Review
No abstract provided.
A Reply To The National Conference Of Bar Examiners: More Talk, No Answers, So Keep On Shopping,
2019
Touro College, Jacob D. Duchsberg Law Center
A Reply To The National Conference Of Bar Examiners: More Talk, No Answers, So Keep On Shopping, Suzanne Darrow-Kleinhaus
Ohio Northern University Law Review
No abstract provided.
The Future Of The Federal Common Law Of Foreign Relations,
2019
Selected Works
The Future Of The Federal Common Law Of Foreign Relations, Ingrid Wuerth
Ingrid Wuerth
The federal common law of foreign relations has been in decline for decades. The field was built in part on the claim that customary international law is federal common law and in part on the claim that federal judges should displace state law when they conclude that it poses difficulties for U.S. foreign relations. Today, however, customary international law is generally applied based upon the implied intentions of Congress, rather than its free-standing status as federal common law, and judicial evaluation of foreign policy problems has largely been replaced by reliance upon presidential or congressional action, or by standard ...
Democracy And Dysfunction: Rural Electric Cooperatives And The Surprising Persistence Of The Separation Of Ownership And Control,
2019
Owen School of Management
Democracy And Dysfunction: Rural Electric Cooperatives And The Surprising Persistence Of The Separation Of Ownership And Control, Randall S. Thomas, Debra C. Jeter, Harwell Wells
Randall S. Thomas
Since the 1930s, corporate law scholarship has focused narrowly on the public corporation and the problem of the separation of ownership and control-a problem many now believe has been mitigated or even solved. With rare exceptions, scholars have paid far less heed to other business forms that still play important roles in the American economy. In this Article, we examine a significant and almost completely overlooked business form, the Rural Electric Cooperative (REC). RECs were founded in a moment of optimism during the New Deal. As with other cooperatives, their organizational rules differed sharply from those of for-profit corporations. They ...
Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies,
2019
Center for Genetic Privacy & Identity
Who Knows What, And When?: A Survey Of The Privacy Policies Proffered By U.S. Direct-To-Consumer Genetic Testing Companies, Christopher Slobogin, James W. Hazel
Christopher Slobogin
Direct-to-consumer genetic testing (DTC-GT) companies have proliferated in the past several years. Based on an analysis of genetic material submitted by consumers, these companies offer a wide array of services, ranging from providing information about health and ancestry to identification of surreptitiously-gatheredb iological materials ent in by suspicious spouses. Federal and state laws are ambiguous about the types of disclosures these companies must make about how the genetic information they obtain is collected, used, and shared. In an effort to assist in developing such laws, this Article reports a survey of the privacy policies these companies purport to follow. It ...
Algorithmic Risk Assessments And The Double-Edged Sword Of Youth,
2019
George Mason University
Algorithmic Risk Assessments And The Double-Edged Sword Of Youth, Megan T. Stevenson, Christopher Slobogin
Christopher Slobogin
Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering decisions in the criminal process, including setting bail, determining sentences, selecting probation conditions, and deciding parole. Yet many of these instruments are “black-box” tools. The algorithms they use are secret, both to the sentencing authorities who rely on them and to the offender whose life is affected. The opaque nature of these tools raises numerous legal and ethical concerns. In this paper we argue that risk assessment algorithms obfuscate how certain factors, usually considered ...
Is It Time For A Universal Genetic Forensic Database?,
2019
Center for Biomedical Ethics and Society
Is It Time For A Universal Genetic Forensic Database?, Christopher Slobogin, Ellen Wright Clayton, J. W. Hazel, B. A. Malin
Christopher Slobogin
The ethical objections to mandating forensic profiling of newborns and/or compelling every citizen or visitor to submit to a buccal swab or to spit in a cup when they have done nothing wrong are not trivial. But newborns are already subject to compulsory medical screening, and people coming from foreign countries to the United States already submit to fingerprinting. It is also worth noting that concerns about coercion or invasions of privacy did not give pause to legislatures (or, for that matter, even the European Court) when authorizing compelled DNA sampling from arrestees, who should not forfeit genetic privacy ...
A Blueprint For A New American Trade Policy,
2019
Selected Works
A Blueprint For A New American Trade Policy, Timothy Meyer, Ganesh Sitaraman
Ganesh Sitaraman
In recent years, it has become clear that American trade policy needs to change. For decades, U.S. policy has reflected the implicit assumption that trade liberalization is beneficial for everyone, with few distributional downsides over time. But this assumption hasn’t been borne out. Instead, decades of trade liberalization have led to a backlash that resulted in both 2016 presidential nominees opposing the Obama Administration’s proposed Trans Pacific Partnership (TPP). And since 2017, President Donald Trump has begun a trade war with China; raised tariffs on the grounds of protecting national security; renegotiated NAFTA, though on terms that ...
