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Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll
Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll
Articles
Speech is more than just an individual right-it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the First Amendment promises broad rights of speech and assembly, these rights are not absolute. Criminal law regularly curtails such rights - either by directly regulating speech as speech or by imposing incidental burdens on speech as it seeks to promote other state interests. This Feature examines …
Time To Heal: Trauma's Impact On Rape & Sexual Assault Statutes Of Limitations, Fredrick E. Vars, Jillian Miller Purdue
Time To Heal: Trauma's Impact On Rape & Sexual Assault Statutes Of Limitations, Fredrick E. Vars, Jillian Miller Purdue
Articles
Short statutes of limitations for sex crimes ask the impossible of many vic- tims: report the crime before they have recovered from the trauma. Perpetra- tors go free as a direct result of the injury they caused. Nearly a third of victims of rape and sexual assaulthave PTSD during their lifetimes. PTSD is associated with three symptoms pertinent to reporting a crime: avoidance cop- ing (avoidingdistressing thoughts, feelings, or reminders of the attack), disso- ciative amnesia (forgetting important or all aspects of the attack), and depression. These symptoms all affect a victim's psychological ability to report a crime before a …
The (Tax) Policy Entrepreneur, Mirit Eyal-Cohen
Unintended Legislative Inertia, Mirit Eyal-Cohen
Unintended Legislative Inertia, Mirit Eyal-Cohen
Articles
Institutional and political forces create strong inertial pressures that make updating legislation a difficult task. As a result, laws often stagnate, leading to the continued existence of obsolete rules and policies that serve long-forgotten purposes. Recognizing this inertial power, legislatures over the last few decades have increasingly relied on a perceived solution -- temporary legislation. In theory, this measure avoids inertia by requiring legislators to choose to extend a law deliberately.
This Article argues that temporary legislation is a double-edged sword. While some temporary laws ultimately expire, many perpetuate through cycles of extension and reauthorization. Temporary legislation often creates its …
The Least Of These: The Case For Nationwide Injunctions In Immigration Cases As A Critical Democratic Institution, Allen Slater, Richard Delgado
The Least Of These: The Case For Nationwide Injunctions In Immigration Cases As A Critical Democratic Institution, Allen Slater, Richard Delgado
Articles
No abstract provided.
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Articles
In the era of COVID-19, the term essential labor has become part of our daily lexicon. Between March and May 2020, essential labor was not just the only kind of paid labor occurring across most of the United States; it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers' advocates, and politicians have scrambled to articulate exactly what makes essential labor "essential." Some commentators have also argued that the rise of essential labor as a conceptual category disrupts or should disrupt longstanding patterns in the way …