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Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo 2018 St. Mary's University School of Law

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright 2018 Texas Fifth Court of Appeals

The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright

St. Mary's Law Journal

The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge.

Although justice and ...


The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders 2018 Notre Dame Law School

The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders

Notre Dame Law Review

In Part I, this Note will examine a brief history of the proposed federal Blaine Amendment, and the subsequent adoption of many State Blaines across the nation. Next, in Part II, the Note will discuss why the State Blaines are frequently debated, specifically in the context of the issue of school choice. The Note will then examine two of the main arguments against the constitutionality of State Blaines—the animus arguments and the First Amendment arguments—and will examine the strengths and weaknesses of each argument. In Part III, the Note will discuss the culmination of recent caselaw in the ...


Second Thoughts About Stun Guns, Rene Reyes 2018 Suffolk University Law School

Second Thoughts About Stun Guns, Rene Reyes

Washington and Lee Law Review Online

The Massachusetts Supreme Judicial Court (“SJC”) recently declared that the Commonwealth’s statutory ban on stun guns violates the Second Amendment to the U.S. Constitution. The SJC had previously upheld the statute against constitutional challenge in Commonwealth v. Caetano, but the reasoning behind this holding was rejected in a brief per curium opinion by the U.S. Supreme Court in 2016. However, the guidance given by the Supreme Court in the Caetano litigation was far from unambiguous: it faulted the SJC’s reasoning without opining on the ultimate question of the ban’s constitutionality, thus leaving open the possibility ...


20th Annual Open Government Summit: Access To Public Records Act And Open Meetings Act, 2018, Department of Attorney General, State of Rhode Island 2018 Roger Williams University

20th Annual Open Government Summit: Access To Public Records Act And Open Meetings Act, 2018, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

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Fair Share: Reinvigorating The Twin Cities’ Regional Affordable Housing Calculus, Chase Hamilton 2018 University of Minnesota Law School

Fair Share: Reinvigorating The Twin Cities’ Regional Affordable Housing Calculus, Chase Hamilton

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Legislation Committee Charge, Legislation Committee Summit for Civil Rights 2018 University of Minnesota Law School

Legislation Committee Charge, Legislation Committee Summit For Civil Rights

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Litigation Committee Charge, Litigation Committee Summit for Civil Rights 2018 University of Minnesota Law School

Litigation Committee Charge, Litigation Committee Summit For Civil Rights

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno 2018 Elisabeth Haub School of Law at Pace University

Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno

Pace Environmental Law Review

This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases ...


Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb 2018 Sabin Center for Climate Change Law, Columbia Law School

Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb

Pace Environmental Law Review

New York’s Clean Energy Standard (“CES”), adopted in August 2016, aims to steer the state’s electricity sector away from carbon-intensive generation sources. It supports low-carbon alternatives by requiring retail electricity suppliers to purchase credits, the proceeds from which are paid to renewable and nuclear generators. Recognizing that this will affect the operation of wholesale electricity markets, New York’s electric transmission grid operator (the “New York Independent System Operator” or “NYISO”) has commenced a review to assess possible means of incorporating the cost of carbon emissions into market prices. This Article explores two approaches to carbon pricing in ...


Special Interest Influence Under Direct Versus Representative Democracy, John G. Matsusaka 2018 USC Marshall School of Business

Special Interest Influence Under Direct Versus Representative Democracy, John G. Matsusaka

University of Southern California Legal Studies Working Paper Series

The ability of economic interest groups to influence policy is a common theme in economics and political science. Most theories posit that interest group power arises from the ability to influence elected or appointed government officials through vote-buying, lobbying, or revolving doors; that is, by exploiting the representative part of democracy. This raises the question: does special interest influence decline when policy is chosen using direct democracy, without involvement of representatives? An analysis of the content of the universe of state-level ballot initiatives during 1904-2017 reveals that business interests have been worse off as a result of initiatives across major ...


Florida’S Constitution Revision Commission [Crc]: Behind-The-Scenes Insights From Bob Butterworth, Florida’S Former Attorney General And Member Of The 1998 Crc, Alvan Balent Jr. 2018 University of Miami Law School

Florida’S Constitution Revision Commission [Crc]: Behind-The-Scenes Insights From Bob Butterworth, Florida’S Former Attorney General And Member Of The 1998 Crc, Alvan Balent Jr.

University of Miami Law Review

Once every twenty years, the Florida Constitution mandates the convening of a thirty-seven-member body that is charged with reviewing the state constitution and submitting any recommended changes to the general public for approval. This entity is formally known as the Constitution Revision Commission, and between March 2017 and May 2018, it met for the third time in Florida’s history. Eight amendments, some with multiple parts, were proposed, and if any of these proposals are approved by 60% of the voters in the November 2018 general election, they will become “the supreme law of the land” for the State of ...


Reassigning Cases On Remand In The Interests Of Justice, For The Enforcement Of Appellate Decisions, And For Other Reasons That Remain Unclear, Jonathan D. Colan 2018 University of Miami Law School

Reassigning Cases On Remand In The Interests Of Justice, For The Enforcement Of Appellate Decisions, And For Other Reasons That Remain Unclear, Jonathan D. Colan

University of Miami Law Review

Federal appellate courts have the authority to order reassignment of cases to different district judges as part of their supervisory authority over the district courts within their circuits. This Article examines the categories of cases in which the Eleventh Circuit has ordered reassignment to different district court judges on remand and explains the rationale underlying reassignment in each category. The more understandable cases address both the appearance and the presence of bias or impropriety by the original trial judge. This Article describes the general principles underlying the Eleventh Circuit’s reassignment practices and then questions why reassignment is necessary in ...


Habeas Won And Lost: The Eleventh Circuit’S Narrow View Of State Court Judgments, Christina M. Frohock 2018 University of Miami School of Law

Habeas Won And Lost: The Eleventh Circuit’S Narrow View Of State Court Judgments, Christina M. Frohock

University of Miami Law Review

The Eleventh Circuit vacated its panel opinion in Patterson v. Secretary and reheard the case en banc. The court’s new opinion revisits the prohibition against “second or successive” habeas corpus petitions in 28 U.S.C. § 2244(b) and embraces the dissenting view in the prior opinion, rejecting the reasoning of the majority. A new state court judgment resets the habeas clock, allowing a prisoner to file an additional federal habeas petition without running afoul of section 2244(b). Previously, the court offered an expansive view of such judgments, looking to whether the state court has substantively changed the ...


A Touchy Subject: The Eleventh Circuit’S Tug-Of-War Over What Constitutes Violent “Physical Force”, Conrad Kahn, Danli Song 2018 University of Miami Law School

A Touchy Subject: The Eleventh Circuit’S Tug-Of-War Over What Constitutes Violent “Physical Force”, Conrad Kahn, Danli Song

University of Miami Law Review

No abstract provided.


Healthcare Promises For Public Employees, Natalya Shnitser 2018 Boston College Law School

Healthcare Promises For Public Employees, Natalya Shnitser

Boston College Law School Faculty Papers

State and local governments have promised nearly $1 trillion in retiree healthcare benefits to public employees. Although retiree healthcare benefits represent a form of compensation, historically, state and local governments have not set aside any money to pay for the promised benefits. Compensating employees with promises of future benefits has enabled state legislatures to use public dollars for other priorities, while ignoring the growing liabilities associated with the healthcare promises. As these liabilities have come due, they have strained state and local budgets. Some public employers have simply cut the benefits, and public employees have had limited recourse to hold ...


The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell 2018 Texas Thirteenth Court of Appeals

The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell

St. Mary's Journal on Legal Malpractice & Ethics

The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.

The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and ...


The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell 2018 Mississippi College School of Law

The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell

St. Mary's Journal on Legal Malpractice & Ethics

This Article addresses an issue courts across the country continue to struggle with: When are ethics rules appropriately considered enforceable substantive obligations, and when should they only be enforceable through the disciplinary process? The question is complicated by the ethics rules themselves. Paragraph 20 of the Scope section of the Model Rules of Professional Conduct includes seemingly contradictory guidance; it states the Rules are not to be used to establish civil liability, but also that they can be “some evidence” of a violation of a lawyer’s standard of care. Most states have adopted this paradoxal Paragraph 20 language. Consequently ...


Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson 2018 St. Mary's University School of Law

Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

A line of California cases holds that causation of damages in legal malpractice actions must be proven with “legal certainty.” This Article argues that judicial references to legal certainty are ambiguous and threaten to undermine the fairness of legal malpractice litigation as a means for resolving lawyer-client disputes. Courts should eschew the language of legal certainty and plainly state that damages are recoverable if a legal malpractice plaintiff proves, by a preponderance of the evidence, that those losses were factually and proximately caused by the defendant’s breach of duty.


Reflections On Two Years Of P.R.O.M.E.S.A., David A. Skeel Jr. 2018 University of Pennsylvania Law School

Reflections On Two Years Of P.R.O.M.E.S.A., David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Essay draws both on my scholarly and on my personal experience as a member of Puerto Rico’s oversight board to assess the first two years of the Board’s existence. I begin in a scholarly mode, by exploring the question of where P.R.O.M.E.S.A., the legislation that created the Board, came from. P.R.O.M.E.S.A.’s core provisions are, I will argue, the product of two historical patterns that have emerged in responses to the financial distress of public entities in the United States. The first dates back to ...


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