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A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks 2018 Northwestern Pritzker School of Law

A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks

Northwestern Journal of Law & Social Policy

No abstract provided.


Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang 2018 University of Pennsylvania Law School

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in ...


An Evaluation Of Historical Evidence For Constitutional Construction From The First Congress' Debate Over The Constitutionality Of The First Bank Of The United States, Lee J. Strang 2018 University of St. Thomas, Minnesota

An Evaluation Of Historical Evidence For Constitutional Construction From The First Congress' Debate Over The Constitutionality Of The First Bank Of The United States, Lee J. Strang

University of St. Thomas Law Journal

No abstract provided.


An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now, Orlando E. Delogu 2018 University of Maine School of Law

An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now, Orlando E. Delogu

Maine Law Review

This paper has its roots in the finality of what have come to be called the Moody Beach decisions. In the last of these two cases, Maine's Supreme Judicial Court, sitting as the Law Court, held that the public's right to use the intertidal zone was limited to those uses and activities spelled out in the Colonial Ordinance of 16411647: “We agree with the Superior Court's declaration of the state of the legal title to Moody Beach. Long and firmly established rules of property law dictate that the plaintiff oceanfront owners at Moody Beach hold title in ...


Nomination And Confirmation Of Supreme Court Justices: Some Personal Observations, Joseph L. Rauth Jr. 2018 University of Maine School of Law

Nomination And Confirmation Of Supreme Court Justices: Some Personal Observations, Joseph L. Rauth Jr.

Maine Law Review

The following remarks were delivered on October 13, 1992, on the occasion of the first Frank M. Coffin Lecture on Law and Public Service, henceforth to be an annual event at the University of Maine School of Law. The speech was written by the late Joseph L. Rauh, Jr., who died a few weeks before the speech was to be given. The speech was presented by his widow, Olie Rauh, and their son, Michael Rauh.


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing 2018 University of San Francisco

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Fiction In The Code: Reading Legislation As Literature, Thomas J. McSweeney 2018 William and Mary Law School

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Georgia State University Law Review

One of the major branches of the field of law and literature is often described as “law as literature.” Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes.

Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


Exploring Creative Problem Solving In Public Policy, Jade A. Costello 2018 Buffalo State College

Exploring Creative Problem Solving In Public Policy, Jade A. Costello

Creative Studies Graduate Student Master's Projects

This project explores the connection between creativity and public policy-making through guided facilitation. In this exploration, there are several products that have been developed. The first is an index that provides definitions, charts, and process explanations for creativity, facilitation and public policy. The second is a completed facilitation plan that incorporates both the FourSight model for group facilitation (Miller, Vehar, Firestein, Thurber & Nielsen, 2011a) and Marvin Weisbord’s (1992) exploration of creative strategies for discovering common ground through policy conferences. The third product is an evaluation matrix, which would be used post-facilitation to understand the strengths and weaknesses from the ...


Private Enforcement In The Public Sphere - Towards A New Model Of Residential Monitoring Of Local Governments, Omer Kimhi 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Private Enforcement In The Public Sphere - Towards A New Model Of Residential Monitoring Of Local Governments, Omer Kimhi

Nevada Law Journal

No abstract provided.


Restraining Forced Marriage, Lisa V. Martin 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Restraining Forced Marriage, Lisa V. Martin

Nevada Law Journal

No abstract provided.


A Review Of Various Actions By The Federal Bureau Of Investigation And Department Of Justice In Advance Of The 2016 Election, Office of the Inspector General, U.S. Department of Justice 2018 University of Nebraska - Lincoln

A Review Of Various Actions By The Federal Bureau Of Investigation And Department Of Justice In Advance Of The 2016 Election, Office Of The Inspector General, U.S. Department Of Justice

U.S. Department of Justice Publications and Materials

The Department of Justice (Department) Office of the Inspector General (OIG) undertook this review of various actions by the Federal Bureau of Investigation (FBI) and Department in connection with the investigation into the use of a private email server by former Secretary of State Hillary Clinton. Clinton served as Secretary of State from January 21, 2009, until February 1, 2013, and during that time used private email servers hosting the @clintonemail.com domain to conduct official Department of State (State Department) business. In 2014, in response to a request from the State Department to Clinton for “copies of any Federal ...


The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo Garcia Sanchez 2018 Texas A&M University School of Law

The Blurring Of The Public/Private Distinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo Garcia Sanchez

Guillermo J. Garcia Sanchez

The paper is a response piece to Deborah Hensler and Damira Khatam’s new article, Re-inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public Adjudication. Their main argument regarding the public-private distinction is that the arbitral procedure has changed as a consequence of the substantive issues resolved in this particular ADR system. According to them the arbitral system, which was originally conceived for commercial purposes, has become another way of litigating public law, but without the accountability mechanisms attached to public courts. In this paper, I agree in large ...


Delegating Procedure, Matthew A. Shapiro 2018 Maurice A. Deane School of Law at Hofstra University

Delegating Procedure, Matthew A. Shapiro

Matthew Shapiro

The rise of arbitration has been one of the most significant developmentsin civil justice. Many scholars have criticized arbitration for, among other things, “privatizing” or “delegating” the state’s dispute-resolution powers and allowing private parties to abuse those powers with virtual impunity. An implicit assumption underlying this critiqueis that civil procedure, in contrast to arbitration, does not delegate significant state power to private parties.

This Article challenges that assumption and argues that we can address many of the concerns about arbitration by drawing on civil procedure’s solutions to its own delegation problem. From summonses to subpoenas to settlements, civil ...


Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr. 2018 University of Maine School of Law

Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr.

Maine Law Review

The Second Annual Frank M. Coffin Lecture on Law and Public Service was held on October 7, 1993. Professor Arthur M. Schlesinger, Jr. presented "Multiculturalism and the Bill of Rights."


A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton 2018 Liberty University

A Study In Sovereignty: Federalism, Political Culture, And The Future Of Conservatism, Clint Hamilton

Senior Honors Theses

This thesis confronts symptoms of an issue which is eroding at the principles of conservative advocacy, specifically those dealing with federalism. It contrasts modern definitions of federalism with those which existed in the late 1700s, and then attempts to determine the cause of the change. Concluding that the change was caused by a shift in American political identity, the author argues that the conservative movement must begin a conversation on how best to adapt to the change to prevent further drifting away from conservative principles.


Bargaining Towards Equality: The Effects Of Implicit Bias Training On Plea-Bargaining, John Dunnigan 2018 University of Richmond

Bargaining Towards Equality: The Effects Of Implicit Bias Training On Plea-Bargaining, John Dunnigan

Richmond Public Interest Law Review

This comment focuses on the racial discrimination that currently exists in the process of plea-bargaining. The author suggests an approach aimed to mend the widespread racial discrimination. Particularly, the author details why mandatory implicit bias trainings for prosecutors would benefit defendants. Implicit bias trainings would benefit the criminal justice system as a whole because they would bring awareness to the issue and give prosecutors the knowledge they need to act justly in the plea-bargaining process.


Giles, The Confrontation Clause, And Inferred Intent: Do Abusers Forfeit Their Confrontation Rights By Engaging In Domestic Violence?, Evan Stastny 2018 University of Richmond

Giles, The Confrontation Clause, And Inferred Intent: Do Abusers Forfeit Their Confrontation Rights By Engaging In Domestic Violence?, Evan Stastny

Richmond Public Interest Law Review

This Prosecuting those accused of domestic violence presents an array of challenges for prosecutors. These crimes are frequently a he-said, she-said situation with minimal physical evidence. This puts a heavy weight on victim testimony in order to obtain a conviction. Unfortunately, many victims refuse to testify at the outset, agree to testify then change their minds, or do not show up for the court date. Without that testimony, prosecutors will often drop the charges against an accused, possibly putting the victim at risk of another episode of violence.

Justice Scalia opened the door to the possibility of a prosecutor being ...


Letter From The Editor, Alexandra Ellmauer 2018 University of Richmond

Letter From The Editor, Alexandra Ellmauer

Richmond Public Interest Law Review

No abstract provided.


Table Of Contents, 2018 University of Richmond

Table Of Contents

Richmond Public Interest Law Review

No abstract provided.


The Fiery Furnace, Civil Disobedience, And The Civil Rights Movement: A Biblical Exegesis On Daniel 3 And Letter From Birmingham Jail, Jonathan C. Augustine 2018 University of Richmond

The Fiery Furnace, Civil Disobedience, And The Civil Rights Movement: A Biblical Exegesis On Daniel 3 And Letter From Birmingham Jail, Jonathan C. Augustine

Richmond Public Interest Law Review

This essay was written in observance of the 50th anniversary of the Reverend Dr. Martin Luther King, Jr.’s untimely assassination in April 1968. It highlights some of King’ s most important work during the American Civil Rights Movement in terms of its contemporary influence. As a focal thesis, this essay argues that King’ s famed Letter From Birmingham Jail—written during his April 1963 incarceration in Birmingham, Alabama, for deliberately refusing to follow what he morally deemed to be an “unjust law”—was predicated on the biblical foundation of civil disobedience exemplified in the famed story of Shadrack, Meshack ...


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