National Scenic Trails, Pipelines, & Ferc: Examining Pipeline Certification After United States Forest Service V. Cowpasture River Forest Preservation Association, 2022 Villanova University Charles Widger School of Law
National Scenic Trails, Pipelines, & Ferc: Examining Pipeline Certification After United States Forest Service V. Cowpasture River Forest Preservation Association, Caitlin M. Doak
Villanova Environmental Law Journal
No abstract provided.
Law School News: Meet The Rbg Essay Contest Winners! 03-22-2022, 2022 Roger Williams University School of Law
Law School News: Meet The Rbg Essay Contest Winners! 03-22-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: 'Why I Know Anti-Blackness Doesn't Define Ketanji Brown Jackson' 03-22-2022, 2022 Roger Williams University School of Law
Law School News: 'Why I Know Anti-Blackness Doesn't Define Ketanji Brown Jackson' 03-22-2022, Brooklyn Crockton
Life of the Law School (1993- )
No abstract provided.
The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., 2022 Roger Williams University
The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Reforming State Electoral College Laws To Depolarize American Politics, 2022 LMU-Duncan School of Law
Reforming State Electoral College Laws To Depolarize American Politics, M. Akram Faizer
Cleveland State Law Review
Brnovich v. Democratic National Committee involved the Supreme Court gutting the remaining vestiges of the Voting Rights Act (VRA), such that jurisdictions will have free rein to impose partisan burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer Democratic Party candidates over their Republican opponents. Brnovich follows the highly divisive 2020 presidential election that Joe Biden won against former President Trump based on very narrow margins in highly contested swing states, notwithstanding a nationwide popular margin of more than 8 million votes. This blurring of the lines between …
Table Of Contents, 2022 University of Richmond
The United States Supreme Court’S Enduring Misunderstanding Of Insanity, 2022 Drexel University
The United States Supreme Court’S Enduring Misunderstanding Of Insanity, David Dematteo, Daniel A. Krauss, Sarah Fishel, Kellie Wiltsie
New Mexico Law Review
Within mental health law, the legal defense of insanity has received a disproportionate amount of attention. Classified as a legal excuse, the insanity defense generally negates legal blameworthiness for criminal defendants who successfully prove that at the time of the offense, they did not know right from wrong or were unable to conform their conduct to the requirements of the law, due to an underlying mental health condition. The insanity defense has a lengthy history in the United States, with several different formulations and numerous court decisions addressing various aspects of the defense. Despite its firm entrenchment in U.S. criminal …
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, 2022 West Virginia University College of Law
Is A Locomotive In Use And Therefore Subject To Locomotive Inspection Act Liability When It Makes A Temporary Stop?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: LeDure v. Union Pacific Railroad Company. Bradley LeDure, a long-time locomotive engineer for Union Pacific, slipped on the slick surface of a locomotive while it was idle but powered on, seriously injuring himself. If Union Pacific violated safety regulations under the Locomotive Inspection Act, then it would be negligent per se. But that theory of liability is only available if the locomotive was in use at the time of the accident. The case presents a question of statutory interpretation of the term use.
Law Library Blog (March 2022): Legal Beagle's Blog Archive, 2022 Roger Williams University
Law Library Blog (March 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Random Justice, 2022 Georgetown University Law Center
Random Justice, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
As recent Senate confirmation practices suggest, the Supreme Court is best understood as the head of a political branch of government, whose Justices are chosen in a process that makes their ideological views dispositive. Throughout the nation’s history, the Supreme Court has exercised its governing political ideology in ways that sacrifice the interests of nonwhites in order to advance the interests of Whites. In the present moment of heightened cultural sensitivity to structural discrimination and implicit bias, it would make sense to use affirmative action to help remedy the racially disparate distribution of societal resources that has been produced by …
Acknowledgments, 2022 University of Richmond School of Law
Unmet Legal Needs As Health Injustice, 2022 Georgetown University Law Center
Unmet Legal Needs As Health Injustice, Yael Cannon
University of Richmond Law Review
In Part I, this Article examines the health justice framework through which laws are understood as determinants of health equity. In Part II, this Article argues that when unaddressed for low-income individuals, legal needs serve as social determinants of health. Applying the health justice framework, the Article examines the major domains of social determinants of health (“SDOH”) and identifies areas of law for which unmet legal needs contribute to poor health and health inequity. Specifically, it analyzes how the five major domains of SDOH of the Healthy People 2030 paradigm of the U.S. Department of Health and Human Services (“HHS”) …
The Dignitary Confrontation Clause, 2022 University of Washington School of Law
The Dignitary Confrontation Clause, Erin Sheley
Washington Law Review
For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In Crawford v. Washington (2004), the Court overruled prior precedent and held that “testimonial” out-of-court statements could not be admitted at trial unless the defendant had an opportunity to cross-examine the declarant, even when the statement would be otherwise admissible as particularly reliable under an exception to the rule against hearsay. In a series of contradictory opinions over the next several years, the Court proceeded to expand and then seemingly roll back this holding, leading to widespread chaos in common types of cases, particularly those involving …
Let Us Not Be Intimidated: Past And Present Applications Of Section 11(B) Of The Voting Rights Act, 2022 University of Washington School of Law
Let Us Not Be Intimidated: Past And Present Applications Of Section 11(B) Of The Voting Rights Act, Carly E. Zipper
Washington Law Review
As John Lewis said, “[the] vote is precious. Almost sacred. It is the most powerful non-violent tool we have to create a more perfect union.” The Voting Rights Act (VRA), likewise, is a powerful tool. This Comment seeks to empower voters and embolden their advocates to better use that tool with an improved understanding of its little-known protection against voter intimidation, section 11(b).
Although the term “voter intimidation” may connote armed confrontations at polling places, some forms of intimidation are much more subtle and insidious—dissuading voters from heading to the polls on election day rather than confronting them outright when …
Trustworthy Digital Contact Tracing, 2022 University of Houston Law Center
Trustworthy Digital Contact Tracing, Emily Berman, Leah R. Fowler, Jessica L. Roberts
University of Richmond Law Review
This Article takes a closer look at digital contact tracing in the United States during the coronavirus pandemic and why it failed. It begins by explaining the shortcomings of traditional analog methods and the resulting need for digital contact tracing. It then turns to the norms regarding consent, the scope of the data collected, and the limits on subsequent use necessary for cooperative surveillance. We argue that any successful digital contact-tracing program must incorporate these elements. Yet while necessary, those strategies alone may not be sufficient. People justifiably lack trust in public health authorities, in new technologies, and in the …
Imagining A Better Public Health (Law) Response To Covid-19, 2022 University of Pennsylvania
Imagining A Better Public Health (Law) Response To Covid-19, Evan Anderson, Scott Burris
University of Richmond Law Review
This Article is not a thorough-going history of the pandemic response. By way of critique and suggesting a way forward for public health, we are going to imagine how public health—both the official agencies and the interconnected nodes in academia and health systems—might have approached COVID-19 differently. This is a story that focuses on good judgment as the lynchpin of optimal pandemic response and allows us to think about where good judgment seems to have been lacking, and how public health culture and institutions might change to improve the chances of better judgment next time.
The Future Of Wastewater Monitoring For The Public Health, 2022 University of Maryland Carey School of Law
The Future Of Wastewater Monitoring For The Public Health, Natalie Ram, Lance Gable, Jeffrey L. Ram
University of Richmond Law Review
This Article thus expands the extant literature by considering the legal and ethical dimensions of wastewater surveillance more thoroughly and more broadly. It arrives at an auspicious time, as the United States moves into a vaccine-mediated phase in which COVID-19 is less likely to give rise to broad stay-at-home orders and more likely to trigger narrower, more targeted interventions. It seeks to offer guidance for the legal and ethical use of wastewater surveillance along two dimensions. The first dimension considers the circumstances under which wastewater monitoring should be deployed for detecting and responding to COVID-19 specifically. The second dimension zooms …
Reforming Age Cutoffs, 2022 University of Denver Sturm College of Law
Reforming Age Cutoffs, Govind Persad
University of Richmond Law Review
This Article examines the use of minimum age cutoffs to define eligibility for social insurance, public benefits, and other governmental programs. These cutoffs are frequently used but rarely examined in detail. In Part I, I examine and catalogue policies that employ minimum age cutoffs. These include not only Medicare and Social Security but also other policies such as access to pensions and retirement benefits, eligibility for favorable tax treatment, and eligibility for discounts on governmentally provided goods and services. In Part II, I examine different rationales underlying eligibility and discuss the imperfect fit between these rationales and the use of …
Expanding Medicaid In The Postpartum Period, 2022 University of Richmond School of Law
Expanding Medicaid In The Postpartum Period, Madison P. Harrell
University of Richmond Law Review
This Comment will discuss how the current Medicaid law is insufficient to address the issue of disappointing maternal health outcomes in the United States and how the federal government should begin to remedy the problem. First, I will shed light on the maternal health crisis in the United States, before discussing the history of pregnancy and postpartum Medicaid coverage. Then, I will outline the enactment of the Affordable Care Act, the subsequent court battle over its constitutionality, and the effects of that decision on the current landscape of pregnancy and postpartum Medicaid coverage. Finally, I will detail my proposal for …
Qualified Sovereignty, 2022 University of Washington School of Law
Qualified Sovereignty, Kate Sablosky Elengold, Jonathan D. Glater
Washington Law Review
Sometimes acts of the federal government cause harm; sometimes acts of contractors hired by the federal government cause harm. In cases involving the latter, federal contractors often invoke the sovereign’s constitutionally granted and doctrinally expanded supremacy to restrict avenues for the injured to recover even from private actors. In prior work, we analyzed how federal contractors exploit three “sovereign shield” defenses—preemption, derivative sovereign immunity, and derivative intergovernmental immunity—to evade liability, accountability, and oversight.
This Article considers whether, when, and how private federal contractors should be held accountable in a court of law. We argue that a contractor should be required …