Newsroom: 'You Can't Help Being In Awe' 1-30-2018, 2018 Roger Williams University School of Law
Newsroom: 'You Can't Help Being In Awe' 1-30-2018, Michael M. Bowden, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
Chance To Change: Jennings V. Rodriguez As A Chance To Bring Due Process To A Broken Detention System, 2018 Duke Law
Chance To Change: Jennings V. Rodriguez As A Chance To Bring Due Process To A Broken Detention System, Joe Bianco
Duke Journal of Constitutional Law & Public Policy Sidebar
Jennings v. Rodriguez will determine whether specific classes of detained noncitizens will be entitled to bond hearings before Immigration Judges moving forward. The challenge comes from the Ninth Circuit, which, with the Second Circuit, mandates bond hearings for some detainees automatically after six months. Those Circuits found that after that point, the detention was arbitrary without a showing by the Government of why the noncitizen needed continued detention. The Government seeks to retain the current system, where the noncitizen’s detention release is entirely at the Government’s discretion. This commentary sets out the case and argues that the better route is …
"We Are All Textualists Now": The Legacy Of Justice Antonin Scalia, 2018 St. John's University School of Law
"We Are All Textualists Now": The Legacy Of Justice Antonin Scalia, Judge Diarmuid F. O'Scannlain
St. John's Law Review
(Excerpt)
One of my favorite extra-judicial activities is meeting with law students, and it is a pleasure to be with you today. But it is a special privilege to come back to the Jamaica campus of St. John’s College from which I graduated 60 years ago, long before the Law School had moved here from Schermerhorn Street in Brooklyn, and when there was only one building on this former golf course.
I was honored to call Justice Scalia a role model and friend. What I hope to convey to you today, however, is the effect Justice Scalia’s tenure on the …
Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, 2018 Texas A&M University School of Law
Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program
Texas A&M Law Review
At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for screening refugees; offers …
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, 2018 Roger Williams University School of Law
Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel
Law School Blogs
No abstract provided.
Rethinking The Dormant Commerce Clause?: Climate Change And Food Security, 2018 Northwestern Pritzker School of Law
Rethinking The Dormant Commerce Clause?: Climate Change And Food Security, Michael Barsa
Northwestern Journal of Law & Social Policy
No abstract provided.
The Proper Application Of Nominative Fair Use In Trademark Law: Why International Information Systems Security Certification Consortium, Inc. V. Security University, Llc Sets The Preeminent Standard, 2018 Loyola Marymount University and Loyola Law School
The Proper Application Of Nominative Fair Use In Trademark Law: Why International Information Systems Security Certification Consortium, Inc. V. Security University, Llc Sets The Preeminent Standard, Jonathan O. Ballard Jr.
Loyola of Los Angeles Law Review
No abstract provided.
Marriage Equality Comes To The Fourth Circuit, 2018 University of Richmond - School of Law
Marriage Equality Comes To The Fourth Circuit, Carl Tobias
Law Faculty Publications
Marriage equality has come to America. Throughout 2014, several federal appellate courts and numerous district court judges across the United States invalidated state constitutional or statutory proscriptions on same-sex marriage. Therefore, it was not surprising that Eastern District of Virginia Judge Arenda Wright Allen held that Virginia’s bans were unconstitutional in February. The United States Court of Appeals for the Fourth Circuit affirmed her opinion that July. North Carolina, South Carolina, and West Virginia District Judges rejected these jurisdictions’ prohibitions during autumn, and the Supreme Court approved marriage equality the next year. Because marriage equality in the Fourth Circuit presents …
State Standing In United States V. Texas: Opening The Floodgates To States Challenging The Federal Government Or Proper Federalism?, 2018 University of Cincinnati College of Law
State Standing In United States V. Texas: Opening The Floodgates To States Challenging The Federal Government Or Proper Federalism?, Bradford Mank
Faculty Articles and Other Publications
In United States v. Texas, the Supreme Court by an equally divided vote, 4 to 4, affirmed the decision of the U.S. Fifth Circuit Court of Appeals that the State of Texas had Article III standing to challenge in federal court the Department of Homeland Security’s (DHS) directive establishing a Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) program to grant lawful immigration status to millions of undocumented immigrants. A serious question is whether state standing in this case will open the floodgates to allow states to challenge virtually every federal executive action. On the other hand, …
Disbelief Doctrines, 2018 University of Cincinnati College of Law
Disbelief Doctrines, Sandra F. Sperino
Faculty Articles and Other Publications
Employment discrimination law is riddled with doctrines that tell courts to believe employers and not workers. Judges often use these disbelief doctrines to dismiss cases at the summary judgment stage. At times, judges even use them after a jury trial to justify nullifying jury verdicts in favor of workers.
This article brings together many disparate discrimination doctrines and shows how they function as disbelief doctrines, causing courts to believe employers and not workers. The strongest disbelief doctrines include the stray comments doctrine, the same decisionmaker inference, and the same protected class inference. However, these are not the only ones. Even …
Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, 2018 American University Washington College of Law
Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, Amanda Brennan
American University Law Review
No abstract provided.
A Prudential Take On A Prudential Takings Doctrine, 2018 Duke University Law School
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
Michigan Law Review Online
The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the “ripeness” rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaintiffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first—the so-called “compensation prong” (as distinguished from a separate “takings prong”). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a “prudential” rule rather than (as it …
The "Scourge" Of Armed Check Fraud: A Constitutional Framework For Prohibited Possessor Laws, 2018 University of Michigan Law School
The "Scourge" Of Armed Check Fraud: A Constitutional Framework For Prohibited Possessor Laws, Jeffrey Giancana
University of Michigan Journal of Law Reform
Prohibited possessor statutes have been a part of American law for decades. Put simply, these laws prohibit any person who has been convicted of a felony from possessing a firearm, a prohibition that lasts for the felon’s entire life. The Supreme Court’s modern Second Amendment jurisprudence has held that the right to possess a firearm is a fundamental individual right. In light of this new paradigm, the constitutionality of such broad prohibitions must be called into question—despite the eagerness of courts across the country to dismiss such challenges by pointing to a single line in Heller. This Note challenges the …
Why Guidance From The Supreme Court Is Required In Redefining The Particular Social Group Definition In Refugee Law, 2018 University of Michigan Law School
Why Guidance From The Supreme Court Is Required In Redefining The Particular Social Group Definition In Refugee Law, Liliya Paraketsova
University of Michigan Journal of Law Reform
One of the most debated topics in refugee law has been the meaning of particular social group (PSG)—one of the five categories used to claim refugee status. In 2006, the Board of Immigration Appeals (BIA) adopted a narrower PSG definition. Since that adoption, a circuit split has persisted over the meaning of PSG. Two circuits in particular have continually refused to adopt this definition—even when the BIA attempted to revise the definition in response to their criticism. This Note proposes a reform that would include a compromise between the two current definitions of PSG by rejecting the BIA’s particularity requirement …
Restoring A Willingness To Act: Identifying And Remedying The Harm To Authorized Employees Ignored Under Hoffman Plastics, 2018 National Labor Relations Board
Restoring A Willingness To Act: Identifying And Remedying The Harm To Authorized Employees Ignored Under Hoffman Plastics, Rita Trivedi
University of Michigan Journal of Law Reform
Part I of this Article provides a background for both the NLRA and the IRCA. It examines the goals and remedies of both statutes as well as the impact of the Supreme Court’s Hoffman decision on available remedies.
Part II addresses the currently-skewed remedial incentives. It considers why employers are tempted to hire unauthorized workers and commit unfair labor practices that are then inadequately remedied, which creates a situation that adversely effects the rights of authorized employees.
Part III more closely analyzes this consequential harm. This Part identifies the erosions on the NLRA’s collective nature and the impact on authorized …
Intergovernmental Federalism Disputes, 2018 Constitutional Law Center, Stanford Law School
Intergovernmental Federalism Disputes, Lochlan F. Shelfer
Georgia Law Review
Constitutional litigation is increasingly being waged
between governments, in both suits between a state and
the United States, and suits between two or more states.
The jurisdictionof the Federalcourts to hear such suits,
however, is disputed. The Supreme Court's cases are
famously difficult to reconcile, with some denying
jurisdiction and other seemingly identical cases
addressing the merits without discussing jurisdiction.
Some scholars have argued that intergovernmental
disputes over political jurisdiction historically are not
justiciableand that it is constitutionally illegitimate for
the Court to hear them. Recently, some scholars have
argued that the Court should hear such cases, but have
assumed …
The Lottery Docket, 2018 Wayne State University
The Lottery Docket, Daniel Epps, William Ortman
Law Faculty Research Publications
No abstract provided.
Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, 2018 Loyola Marymount University and Loyola Law School
Buck V. Davis: Anti-Discriminatory Principles In Habeas Corpus Cases, Daniella Rubin
Loyola of Los Angeles Law Review
No abstract provided.
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, 2018 Roger Williams University School of Law
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
Law Faculty Scholarship
No abstract provided.
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, 2018 Roger Williams University School of Law
Curbing Remedies For Official Wrongs: The Need For Bivens Suits In National Security Cases, Peter Margulies
Law Faculty Scholarship
No abstract provided.