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Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann

Scholarly Works

Conventional narratives tend to represent the post-World War II international criminal proceedings as a men’s project, thus obscuring the many women who participated, as lawyers, journalists, analysts, interpreters, witnesses, and defendants. Indeed, two women stood trial before Nuremberg Military Tribunals. This article examines the case of the only woman found not-guilty: Inge Viermetz, who had been an administrator at Lebensborn, the Nazi SS adoption and placement agency. The article outlines the prosecution’s child-taking case against Viermetz, as well as her successful gendered self-portrayal as a conventionally feminine caregiver. With references to Professor Megan A. Fairlie, at whose memorial symposium it …

The Transition Process Of Syrian Refugee Families Separated By U.S. Immigration Law, Firas Aljijakli

Graduate Theses, Dissertations, and Capstones

Refugees are regarded as one of the most pressing humanitarian issues worldwide due to intricate social, economic, and demographic factors. Changes in U.S. immigration policy across successive administrations, particularly regarding the refugee ban and the duration of the resettlement process, have significantly impacted admission procedures. Consequently, family separations occur during the resettlement process, compelling families to navigate immigration policies while managing the challenges of being apart. This separation from their children greatly affects refugees’ ability to integrate into American society.

The research examines how Syrian refugee families cope with the separation resulting from U. S. immigration law. An important lens …

Valuing Worker Authenticity, Dallan F. Flake

William & Mary Law Review

Title VII of the Civil Rights Act of 1964 protects workers from discrimination because of their race, color, religion, sex, or national origin. Controversially, courts do not typically extend this protection to individual expression tied to a protected trait, such as a Black employee who wears their hair in dreadlocks or a Latino employee who speaks Spanish on the job. Judicial unwillingness to protect employee self-expression tied to a protected trait causes employees who identify with marginalized groups to suppress their identities to conform with mainstream culture—often at tremendous costs to themselves and the organizations they work for.

This Article …

Audit Report For Legal Information Assistant (Lia), Keith Porcaro, Dana Han, Madhavi Nambiar, Daniela Pereira Salas, Cher Qin, Lisette-Victoria San Pedro

Duke Center on Law & Technology

No abstract provided.

Round Table (Part 2) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, Regina M. Paulose

Genocide Studies and Prevention: An International Journal

No abstract provided.

Round Table (Part 1) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, James A. Tyner

Genocide Studies and Prevention: An International Journal

No abstract provided.

Round Table (Part 3) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, Andrew Woolford

Genocide Studies and Prevention: An International Journal

No abstract provided.

Round Table (Part 4) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, Melanie O'Brien

Genocide Studies and Prevention: An International Journal

No abstract provided.

Public Nuisance Remedies, Clayton J. Masterman

University of Richmond Law Review

Public nuisance plaintiffs can seek limited remedies. Generally, plaintiffs can sue to abate a public nuisance, with the available monetary relief limited to the funds necessary to do so. Because public nuisance law limits plaintiffs’ monetary award to forward-look- ing abatement relief, there can be a large disparity between the profit a defendant earns by creating a public nuisance, or its total social cost, and the costs the defendant incurs when liable. This Article argues that the financial consequences defendants face in public nuisance litigation are too small to effectively deter potential tortfeasors from creating public nuisances. Liability will deter …

Maximizing Student Achievement: Shifting From A Neoliberal Philosophy Of Education To A "Well-Educated Voter And Juror" Model, Jonathan Brooks

University of Richmond Law Review

In the pivotal decision of Brown v. Board of Education, the Supreme Court of the United States noted that “education is perhaps the most important function of state and local governments” and that “it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education . . . [which] is a right [that] must be made available to all on equal terms.” Yet nearly seventy years later, our nation’s education system is far from equal, with a number of reports across the country finding dismal conditions in many public …

U.S. Territories And The Criminal Law Curriculum, Emmanuel H. Arnaud

Articles

No abstract provided.

Convention On Safety For Survivors Of Family Violence Involved In International Custody Disputes, Merle H. Weiner

Cardozo Law Review

This Article proposes a new treaty to fix the "domestic violence problem" that plagues the Hague Convention on the Civil Aspects of International Child Abduction. It argues that a new international instrument is legally permissible and would be the most efficient way to solve the problem. It compares the proposed solution to other child abduction instruments that exist in the European Union (EU) and Latin America but that do not address domestic violence. This Article proposes specific treaty provisions and provides commentary on those provisions. This Article is intended to influence state parties to the Hague Abduction Convention who are …

Infringing Information Architectures, Michael Goodyear

Articles & Chapters

Information architectures—systems that facilitate storing and sharing data and content—underpin daily life, from streaming sites like Netflix and Hulu to social media platforms like Instagram and TikTok. Since the printing press, these systems and their novel features have challenged the bounds of copyright law, leading to accusations that providers and users directly infringe others’ copyrights. Almost fifty years ago, however, a largely unexplored paradigm shift occurred. Copyright owners started to allege that information architecture providers should be broadly secondarily liable for all their users’ infringements. These claims, which this Article terms architectural infringement claims, pose an acute challenge to the …

Chevron Was Not, And Cannot Be, Overruled: The Dullness Of Loper Bright, Edward L. Rubin

Vanderbilt Law School Faculty Publications

As expected, the Supreme Court declared, in Loper Bright Enterprises. v. Raimondo,' that "Chevron is overruled." The Court was notably vague about the principle that would replace it, declaring that "courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority," but providing little guidance about how this crucial task should be performed. This is an obvious defect in an opinion with innumerable defects, but the problems with the Court's decision go well beyond its specific flaws. The Court did not understand the decision that it claimed to overrule. Chevron is not simply a …

Silent Trusts And The Conflicts Of Laws, Jeffrey A. Schoenblum

Vanderbilt Law School Faculty Publications

There are good reasons why the settlor of a trust may not wish the beneficiaries of the trust to know of its existence at the time that the trust is created and funded or even for years thereafter. The settlor may not want beneficiaries to learn of the trust's existence until they have matured, accomplished a specific task, become self-supporting, or abandoned prob- lematic or destructive behaviors. In other instances, the settlor may not, in principle, be opposed to the beneficiaries learning about the existence of the trust but does not want to grant direct access to the trust instrument …

Responsive Democracy And The Administrative State, Edward L. Rubin

Vanderbilt Law School Faculty Publications

I would like to thank Dean Micheal Scharf and Professor Jonathan Entin for inviting me to Case Western Reserve University School of Law to deliver the Frank J. Battisti Memorial Lecture and thank all of you for attending. It's really a pleasure to be here and to have the opportunity to offer a talk named after such a distinguished jurist. Judge Frank J. Battisti served on the United States District Court for the Northern District of Ohio for 33 years, and he was chief judge of that court for more than two decades. During his time on the bench, Judge …

Artificial Intelligence: Maryland's Double-Edged Sword In Employment Decisions, Jessica S. Kweon

University of Baltimore Law Forum

No abstract provided.

The Routine War Crime? Double-Tap Drone Strikes Under Customary International Humanitarian Law, Nathan Swenson

Brigham Young University Prelaw Review

The "double-tap" drone strike tactic, in which a drone hits a target twice in rapid succession, has garnered much international attention in recent years. This paper assesses the legality of those strikes under conventional international humanitarian law, specifically within the framework of the Geneva Conventions. I argue that the double-tap tactic is not necessarily illegal if proper steps for compliance with international humanitarian law are taken by commanders. However, many circumstances demonstrate that appropriate measures are often not taken in the status quo. I argue that such situations should be deemed as war crimes and prosecuted accordingly by international legal …

Promises, Promises: Understanding Claims Made In Social Robot Consumer Experiences, Johanna Gunawan, Sarah Elizabeth Gillespie, David Choffnes, Woodrow Hartzog, Christo Wilson

Faculty Scholarship

Social robots are a class of emerging smart consumer electronics devices that promise sophisticated experiences featuring emotive capabilities, artificial intelligence, conversational interaction, and more. With unique risk factors like emotional attachment, little is known on how social robots communicate these promises to consumers and whether they adequately deliver upon them within their overall product experiences prior to and during user interaction.

Animated by a consumer protection lens, this paper systematically investigates manufacturer claims made for four commercially available social robots, evaluating these claims against the provided user experience and consumer reviews. We find that social robots vary widely in the …

U.S. Territories And The Criminal Law Curriculum, Emmanuel Hiram Arnaud

Faculty Scholarship

In this Article, I make a case for why issues concerning the territories should be taught in law school courses and suggest a few ways in which federal criminal adjudication in the territories can and should be incorporated into the criminal law and procedure curriculum.¹⁰ As I advance elsewhere,¹¹ criminal adjudication in the territories functions differently than in the mainland United States.¹² Using the framework of what I call the “territorial criminal legal system,” I have begun mapping the contours of the unique prosecutorial ecosystem produced by the territorial condition.¹³ Chief among the characteristics is the …

The Lost English Roots Of Notice-And-Comment Rulemaking, Rephael G. Stern

Faculty Scholarship

Notice-and-comment rulemaking is arguably the most important procedure in the modern administrative state. Influential accounts even frame it as the 1946 Administrative Procedure Act’s “most important idea.” But its historical origins are obscure. Scholars have variously suggested that it grew out of the constitutionally sanctioned practice of congressional petitioning, organically developed from the practices of nineteenth-century agencies, or was influenced by German conceptions of administrative rulemaking. These histories, however, are incomplete. Using original archival research, this Article demonstrates that notice-and-comment rulemaking was the product of a series of American transplantations of English rulemaking procedures that developed in the late nineteenth …

The Misuse Of Ratification-Era Sources By Unitary Executive Theorists, Jed Handelsman Shugerman

Faculty Scholarship

This symposium essay suggests that, given an ostensibly originalist Supreme Court, the future depends on getting the past right. The unitary executive theory is approaching its political and doctrinal zenith in 2025, at the very moment it is approaching an evidentiary crisis. This essay details that crisis: a subset of misuses and misrepresentations of sources in the unitary executive scholarship. This subset focuses on serious misrepresentations of the Ratifications debates.

The Ratification debates appropriately have become the primary source of evidence for original public meaning, the dominant theory of originalism. The Ratification debates have always been a significant problem for …

Mapping Trends In Gender-Inclusive Legal Language Between Circuit Courts In The United States, Juliette M. Rhinow

Student Publications

This study examines the use of gender-inclusive legal language in federal circuit court opinions in the United States between 2020 and 2024, with a focus on how judicial political ideology influences linguistic behaviors. Drawing on postmodern feminist theory and utilizing content analysis, the research compares six federal circuit courts by coding 46 court opinions for inclusive and exclusive linguistic practices related to transgender and non-binary individuals. Inclusive practices included the use of self-identified names and pronouns, affirming decisions, and acknowledgment of transgender identities, while exclusive practices involved misgendering, outdated terminology, and restrictive rulings. Results show that progressive circuits demonstrated significantly …

Addressing Gaps In Access: Examining Language Barrier Accommodations In Medicaid Member Handbooks, 2015-2019, Sanskruti Patel

Senior Theses

Objective: This study examines the linguistic accessibility of Medicaid Managed Care Organization (MCO) handbooks from 2015 to 2019 by analyzing the instructions provided to access interpreter and written translation services. Trends were compared over time, considering state and plan-level factors that impact equitable healthcare access for Limited English Proficiency (LEP) enrollees.

Methods: A systematic search using manual efforts and FOIA requests located all publicly available Medicaid handbooks from 2015-2019 (N=657) across 39 states with comprehensive MCO plans. These handbooks were coded by independent reviewers to assess the study outcome variables. Random mixed-effects logistic and linear regression models were conducted to …

From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition, Anna Kuhlman

The International Law Review Association Student Forum

The death penalty has been a dark fixture in societal punishment for most of human history. It has allowed for grisly, violent executions of people found guilty of misconduct relative to the culture they live in. “The first established death penalty laws date as far back as the Eighteenth Century BCE in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” The first death sentence on record was a member of nobility in 16th-century BCE Egypt, where the wrongdoer was accused of magic and ordered to commit suicide. In the seventh century B.C.E., …

Charter Schools And Students With Disabilities: Admissions Equity, Kelly L. Carrick

Senior Theses

Many states are now offering parents a choice in where their child attends school, typically offering charter schools as the alternative to public schools. With charter school enrollment on the rise, questions have begun to arise regarding the acceptance rates of students with disabilities, specifically, how do students with disabilities fare in the process of being admitted to charter schools? This research examines the admissions policies of charter schools, the admission rates for students with disabilities, as well as the legality and equity of this topic. Previous research has found that charter schools typically do not accept as many students …

Congressional Outsiders And Textualist Non Sequitur, Chun Hin Jeffrey Tsoi

University of Richmond Law Review

In Congressional Insiders and Outsiders, Amy Coney Barrett distinguished between “congressional insider” approaches like process-based theories (i.e., drawing interpretive resources from Congress’s procedures and practices) and “congressional outsider” approaches like textualism (i.e., drawing interpretive resources exclusively from ordinary meaning of the statutory text). According to Barrett, textualists would find an “outsider” approach normatively superior because courts should be faithful agents of the people, who do not usually have inside knowledge of Congress. This embodies a distinctive type of defense for textualism, which I call “outsider textualism,” based not on statutory text as the compromise drawn in Congress, but instead on …

Property Rights And The Public Interest: Why Annapolis Group V Halifax Regional Municipality Is Wrongly Decided, Jim Phillips

Dalhousie Law Journal

In a 2022 decision, Annapolis Group v. HRM, the Supreme Court of Canada, by a very narrow margin of 5-4, changed the long-standing test for a de facto expropriation, while insisting, wrongly, that it was not doing so. The requirement that the state acquire an interest in property from the regulation in question has been replaced by one that it acquire something called an “advantage.” The court was remarkably unclear about what constitutes an “advantage,’” and what kinds of ‘advantages’ will suffice. All we know kind is that “advantage” has replaced the previous requirement that the state acquire an interest …

The Purpose Of The Preliminary Injunction, Samuel L. Bray

Vanderbilt Law Review

This Article explores a reshaping of the preliminary injunction that is occurring in the federal courts. A preliminary injunction is designed to be a “hold in place” order, blocking actions by the parties that would undermine the efficacy of the court’s remedial options. But the preliminary injunction is becoming a device for accelerating the merits decision. Instead of a four-factor test for preliminary relief, increasingly there is one factor: the merits. This Article critiques this transformation, and it argues that the preliminary injunction should be recentered on the protection of the court’s remedial options.

Constructive Trusts In Malaysia: A Methodological Reappraisal, Hang Wu Tang, Ying Khai Liew

Research Collection Yong Pung How School Of Law

In recent times, Malaysian courts have resorted to a ritual incantation of unconscionability and the notion of a remedial constructive trust to justify a declaration of a constructive trust. This methodology is unhelpful for approaching constructive trusts and has led the law to develop in an unprincipled and unpredictable fashion. Our central thesis is that the key Malaysian decisions could have been decided on the basis of pre-existing legal principles upon which English and Commonwealth courts have declared a constructive trust. We argue that future courts ought to realign their methodology with the orthodox tradition of incremental development of the …