Ending Discrimination: Positive Approaches For Government,
2016
St. John's University School of Law
Ending Discrimination: Positive Approaches For Government, Florence V. Lucas
The Catholic Lawyer
No abstract provided.
Reforming School Discipline,
2016
University of South Carolina School of Law
Reforming School Discipline, Derek W. Black
Northwestern University Law Review
Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.
Reformers have largely overlooked the connection between discipline and …
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism,
2016
Northwestern Pritzker School of Law
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy
Northwestern University Law Review
Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of
persons, which includes the settlor.
Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion …
Insuring Takings Claims,
2016
Vanderbilt Law School
Insuring Takings Claims, Christopher Serkin
Northwestern University Law Review
Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or participating in municipal risk pools. Insurance for regulatory takings claims, however, is generally unavailable. This previously unnoticed gap in municipal insurance coverage could lead risk averse local governments to underregulate and underenforce existing regulations where property owners threaten to bring takings claims. This seemingly technical observation turns out to have profound implications for theoretical accounts of the Takings Clause that focus on government regulatory incentives. This Article explores the impact …
New York Abortion Reform - A Critique,
2016
St. John's University School of Law
New York Abortion Reform - A Critique, Wilfred R. Caron
The Catholic Lawyer
No abstract provided.
Demythologizing Abortion Reform,
2016
St. John's University School of Law
Demythologizing Abortion Reform, Robert M. Byrn
The Catholic Lawyer
No abstract provided.
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription,
2016
University of Michigan Law School
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott
Articles
In case after case, prosecutors, judges and juries therefore still struggle to come up with a definition of slavery, looking for some set of criteria or indicia that will enable them to discern whether the phenomenon they are observing constitutes enslavement. In this definitional effort, contemporary jurists may imagine that in the past, surely the question was simpler: someone either was or was not a slave. However, the existence of a set of laws declaring that persons could be owned as property did not, even in the nineteenth century, answer by itself the question of whether a given person was …
The New York Statutory Defense Of Entrapment: Need For A Judicial Gloss,
2016
St. John's University School of Law
The New York Statutory Defense Of Entrapment: Need For A Judicial Gloss
The Catholic Lawyer
No abstract provided.
New York's "Minor" Obscenity Statute Held Constitutional,
2016
St. John's University School of Law
New York's "Minor" Obscenity Statute Held Constitutional
The Catholic Lawyer
No abstract provided.
Divorce Law Reform In New York,
2016
St. John's University School of Law
Divorce Law Reform In New York, Earl Phillips
The Catholic Lawyer
No abstract provided.
The New York State Constitution And Aid To Church-Related Schools,
2016
St. John's University School of Law
The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice
The Catholic Lawyer
No abstract provided.
From Common Core To Charter: The Economic Remedy To Nc Education,
2016
Liberty University
From Common Core To Charter: The Economic Remedy To Nc Education, Hunter B. Winstead
Senior Honors Theses
Although numerous factors contribute to the decline of North Carolina’s economic prosperity, one of the most prevalent is the waste that occurs through the ineffective funding of education. In the last century, this system has become progressively centralized and bureaucratized which restricts the presence of diversity and hinders economic choice. The purest evidence of this movement is demonstrated through the state’s adoption of the Common Core State Standards (CCSS), an initiative designed to serve as a basis for federal entanglement in education. Proponents of CCSS claimed that the system would accomplish a variety of rigorous educational goals; however, none of …
Seattle Surveillance Ordinance Memo,
2016
University of Washington School of Law
Seattle Surveillance Ordinance Memo, Christopher Stevenson
Technology Law and Public Policy Clinic
No abstract provided.
Potholes: Dui Law In The Budding Marijuana Industry,
2016
Brooklyn Law School
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Brooklyn Law Review
The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …
Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii),
2016
Pace University School of Law
Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii), John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In land use, there are two things that Americans dislike: one is sprawl, the other is density. This catch-22 can be resolved by mitigating those aspects of urban living associated with density: congestion, bulky buildings, sameness, design incongruities, unsafe streets, inefficiency, and the sense that neighborhoods are not livable and pleasant. These characteristics of density cut against sustainability. They define places that people want to leave as soon as they can. To reduce vehicle miles travelled and carbon emissions, as well as to prevent sprawl, we must create places of enduring value, located next to transit in walkable and sustainable …
Surveillance Policy Making By Procurement,
2016
University of Washington School of Law
Surveillance Policy Making By Procurement, Catherine Crump
Washington Law Review
In Seattle, the police obtained a surveillance drone with the approval of a city council that did not realize what it was doing. In Oakland, following a council review that lasted literally two minutes, the city created a data integration center that networked together all of its existing surveillance infrastructure. In San Diego, elected representatives were only dimly aware that the law enforcement agency they supervised had built and deployed innovative facial recognition technology. In an age of heightened concern about the militarization of local police and surveillance technology, how do local law enforcement agencies obtain cutting edge and potentially …
Local Government Law,
2016
Mercer University School of Law
Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges,
2016
American Bar Association
Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling
St. Mary's Journal on Legal Malpractice & Ethics
While reported cases or incidents may give us insight into the interpretation of Rule 2.15 of the Model Code of Judicial Conduct, they do not give us a sense of how often judges undertake the obligation to act under the rule. The Judicial Division of the American Bar Association developed a survey to explore the interpretation and the implementation of Rule 2.15 of the Model Code of Judicial Conduct, and to determine how and in what manner state trial court judges responded to ethical violations by lawyers and other judges. The survey looked back over a ten-year period and was …
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas,
2016
American Gateways
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Private Actors And Public Corruption: Why Courts Should Adopt A Broad Interpretation Of The Hobbs Act,
2016
University of Michigan Law School
Private Actors And Public Corruption: Why Courts Should Adopt A Broad Interpretation Of The Hobbs Act, Megan Demarco
Michigan Law Review
Federal prosecutors routinely charge public officials with “extortion under color of official right” under a public-corruption statute called the Hobbs Act. To be prosecuted under the Hobbs Act, a public official must promise official action in return for a bribe or kickback. The public official, however, does not need to have actual authority over that official action. As long as the victim reasonably believed that the public official could deliver or influence government action, the public official violated the Hobbs Act. Private citizens also solicit bribes in return for influencing official action. Yet most courts do not think the Hobbs …
