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Preserving Diversity In The Wake Of Students For Fair Admissions, Inc.: Historical Lessons From The United States And India, Tyler Dunne

San Diego International Law Journal

Following the ban on considering race in higher education admissions under Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, concerns have emerged over maintaining racial diversity in college classrooms. This analysis offers a comparative perspective, exploring the history and methodologies of affirmative action in the United States and India to identify effective strategies for promoting diversity in U.S. universities. Recommended approaches include top percent programs, socioeconomic-based affirmative action, test-optional or test-blind policies, race-based recruiting, removing legacy preferences, and holistic student reviews. By implementing these strategies, universities can still work toward their diversity goals despite the …

Cross-Examination And The Right To (College) Education: An Analysis Of The Substantive And Procedural Rights, Spencer Thomas

Washington and Lee Law Review Online

If the marketplace of ideas provides the basis for our growth and self-determination as a society, college campuses are the factories in which those ideas are cultivated, tested, and manufactured. Equally important, they are often the chief mechanism by which individual students are given the tools to meaningfully participate in the political process, in civic and social institutions, and the ability to chart socially mobile and economically independent lives.

Yet federal courts have never recognized a student’s liberty interest in their education. Adopting a framework initially posited by Professor Matthew Shaw, this Note advocates that students retain a substantive due …

A Constitutional Mandate To Adopt Avs, Kevin Frazier

Washington and Lee Law Review Online

The rapid advancement of autonomous vehicle (“AV”) technology presents a unique opportunity to enhance public safety by drastically reducing road fatalities. Despite significant private sector investment and demonstrated improvements in AV performance, public adoption and integration remain hindered by regulatory gaps and societal skepticism. This Article argues that the federal government has an affirmative obligation, rooted in the doctrine of a right to effective government, to champion the adoption of technologies like AVs that meaningfully promote the general welfare.

Drawing on the Preamble’s mandate to advance the general welfare and lessons from the transition from the Articles of Confederation to …

The Future Of Higher Education: Reconciling Freedom Of Expression With Trauma-Informed Practices And Relationship-Building, Michael J. Kaufman, Jennifer R. Stukenberg

Widener Commonwealth Law Review

Our nation’s universities face significant challenges, including providing greater access and affordability, managing a business model heavily dependent on tuition revenue in an era of shifting demographics and declining enrollment, integrating technology and artificial intelligence, and mitigating serious enterprise risks.

The Arc From Non-Justiciable To Fundamental: The History Of School Funding Challenges In Pennsylvania, Claudia De Palma, Dan Urevick-Ackelsberg

Widener Commonwealth Law Review

Pennsylvania has recognized the importance of public education since the Commonwealth’s inception in 1776. Although early versions of the Pennsylvania Constitution only contemplated a discretionary system of schools for poor children, in 1834 the state’s public education system was expanded through statute to provide schooling to all children. Thaddeus Stevens, one of the founding fathers of this expansion, explained that the purpose of a universal public education system was to ensure that “the blessing of education shall be conferred on every son of Pennsylvania—shall be carried home to the poorest child of the poorest inhabitant of the meanest hut of …

A Law Enforcement Leader's Response To Human Trafficking, Samuel Whitebear

Master of Arts in Criminal Justice Leadership

Law enforcement leaders must consider how their agency can effectively investigate human trafficking in their jurisdiction. These leaders are tasked with creating an agency culture that prioritizes ethical decision making, which directly affects variables such as officer training and officer treatment of trafficking victims during investigations. Ethically sound decision making has rewards, such as inspiring other leaders to act in a similar fashion. Human trafficking training with an emphasis on the thought-behavior link will enable officers to understand the motivations of both traffickers and victims. Untrained officers rely on biases and assumptions when interacting with sex workers. This is because …

Workers’ Rights In The Gig Economy: A Comparative Analysis Between The United States And Australia, Atalya Santos

Cardozo International & Comparative Law Review (CICLR) Blog

The gig economy has transformed the nature of work. Millions of people seeking short-term, flexible jobs through digital platforms that promise unlimited earnings and a “be your own boss” structure have encountered the reality of long hours for little pay and work instability. This reality raises significant legal and policy questions regarding workers’ rights and protections for gig workers. This blog post compares the United States’ treatment of gig workers with Australia’s, analyzing the positives and negatives of each system and evaluating whether the U.S. should adopt an alternative model.

This post was originally published on the Cardozo International & …

Discretion, Deference, And Dysfunction: U.S. Refugee Resettlement From Egypt, Cassandra Mcclellan

Theses and Dissertations

This thesis investigates refugee resettlement from Egypt to the U.S., as facilitated by UNHCR Egypt and the U.S. Refugee Admissions Program (USRAP). Accordingly, the research questions ask what factors determine the volume and profile of refugees UNHCR Egypt submits to USRAP for resettlement, as well as the related determining factors for refugees rejected from and accepted to USRAP. A fourth research question examines the impacts of U.S. refugee policy on the resettlement system in Egypt, including on UNHCR Egypt and refugees. To answer these questions, the thesis first delves into the history of U.S. immigration and refugee policies, with a …

Criminalizing Domestic Violence In Egypt: Legal Gaps, Risk Consequences, And The Need For Reform, Ahmed Hussein

Theses and Dissertations

This thesis advocates for the implementation of domestic violence legislation in Egypt as a crucial legal and judicial reform necessary to prevent such violence and challenge societal norms that normalize it. It first examines the evolution of domestic violence legislation in line with international human rights standards, highlighting its applications worldwide and the role of states to interfere in an aim to combat such violence. The arguments for and against explicit criminalization are analyzed, emphasizing how legal frameworks can alter social behaviors that normalize violence. Following this, the thesis will focus on Egypt's legal framework addressing domestic violence, showing how …

Sovereign Lands, Brent D. Chicken, Tanner M. Boyzuick

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

West Virginia, Andrew S. Graham

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Colorado, David R. Little, Diana S. Prulhiere

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Expansion Of Accessibility: A Survey Of Alternatives V. Department Of Human Services, Keri L. Nace

Widener Commonwealth Law Review

For decades, the size of government in the United States has grown. Simultaneously, technology has created a more informed, and more interested, general public. The Pennsylvania legislature responded to ever increasing requests for information by expanding transparency in government and access to records through the Right to Know Law (RTKL). Every Pennsylvania agency is required to have an open-records officer. The open-records officer is the agency representative tasked with receiving and responding to RTKL requests, including the decision of whether the agency provides or denies the requested record. Not surprisingly, questions regarding a government agency’s failure to provide documents are …

New Findings Of "Good Cause" In Unemployment Compensation Claims: Brown Vs. Unemployment Compensation Board Of Review, Danielle M. Holliday

Widener Commonwealth Law Review

The payment of unemployment compensation benefits seeks to provide partial and temporary wages to employees who have become involuntarily unemployed “through no fault of their own.” However, this is not without limitation. In Pennsylvania, a former employee may be barred from receiving unemployment compensation if the unemployment is “due to his [or her] discharge . . . from work for willful misconduct connected with his [or her] work.” Although the legislature has provided the over-arching rule for when unemployment compensation benefits may not be provided, the determination of whether an act constitutes willful misconduct is a question of law to …

The Shift: Claims Upon Which Relief Can Be Granted For Medication-Assisted Treatment-A Survey Of Rokita V. Pennsylvania Department Of Corrections, Kiara R. Douglass

Widener Commonwealth Law Review

Opioid addiction is a rising issue in the United States and is continually recognized as a public health issue. This epidemic is also rising inside prison walls. In fact, the risk of overdose death associated with opioid use is higher for individuals recently incarcerated compared to individuals who are free in society. To counteract the epidemic and help those with addiction, Medication-Assisted Treatment (MAT) programs are being used more frequently. However, the lack of availability of MAT programs in prisons continues to be a concern.

The United States' Recycling Model Is In Desperate Need Of A Makeover, Lindsay A. Williamson

Widener Commonwealth Law Review

Most Americans do not hesitate to throw something away, but a lack of recycling is causing landfills to overflow with products that could be reused and repurposed. In 2017, it was estimated that the average American creates 4.51 pounds of garbage per day, nearly double the amount of the 2.68 pounds Americans produced on average in 1960. Recycling in the United States has become problematic as recycling companies turn away recyclables that have been contaminated with food and other nonrecyclables. The effect is that not nearly enough recyclable products are being repurposed, with many of them ending up in landfills. …

Understanding The Effect Of Carried Interest Provisions On Fairness And Equality In The Taxation Of Hedge Fund Profits, Nathan D. Madden

Widener Commonwealth Law Review

Private equity and hedge fund managers (General Partners) typically receive a percentage share of the profits from the funds that they manage as part of their compensation for managing the investments made by investors. This compensation is commonly referred to as “Carried Interest.” General Partners are then entitled to a more favorable tax treatment of their compensation—as compared to most other taxpayers—by deferring the tax on Carried Interest and having it taxed at a lower, preferential rate. Many view these Carried Interest tax provisions as providing an unfair and unjustified tax advantage. This paper will explore alternatives that would arguably …

Divergent Journeys From Kabul And Kyiv: How Congress Can Ensure Equal Pathway Programs For Parolees To The United States, Erika C. Firestone

Widener Commonwealth Law Review

Scenes of Afghan citizens rushing United States military aircraft and handing their babies off to soldiers at the Kabul airport in August of 2021 shocked the conscience of the West. The Taliban entered Afghanistan’s capital city that month, completely unopposed, after twenty years of United States presence. As Kabul fell and the deadline for the United States’ withdrawal on August 30 approached, the streets outside of the airport grew crowded. People had no shelter from the scorching sun. A child-care center was created quickly after panic-stricken parents disappeared, leaving their children behind, hopeful that they would be delivered to safety. …

Yes, Your Broken Tailight Does Matter: Why Enforcement Of Minor Traffic Violations Is Integral For A Safe Society, Richard E. Berner

Widener Commonwealth Law Review

“At his best, man is the noblest of all animals; separated from law and justice he is the worst.” These words serve as a reminder that within the framework of law and order, human beings are the most spectacular creatures to walk the face of the Earth. Outside of this framework, we are no greater than the most savage of beasts. The United States has historically faced challenges with the presence of racial bias within the legal system. In particular, traffic laws have been subject to uneven enforcement across the country, with one study indicating that black drivers were approximately …

Procedural Learning And Reform In Federal Administrative Adjudication, Jeremy S. Graboyes

Widener Commonwealth Law Review

In the mid-twentieth century, in cases like Goldberg v. Kelly, the Supreme Court found a right to “some kind of hearing” in program after program and set about constructing a “fixed list of procedural protections required by due process.” Constitutionalizing procedural choices in this manner gave courts substantial control over how administrative adjudication operated. However, the approach was criticized. Dissenting in Goldberg, Justice Hugo Black wrote that by imposing significant procedural requirements on agencies without a clear constitutional or statutory basis for doing so, courts “wander[ed] out of their field of vested powers and transgress[ed] into the area constitutionally assigned …

The Not-So-Obvious And Inconvenient Truth: Reexamining A Right To Counsel For Parents And Children In Abuse And Neglect Administrative Proceedings, Tiffany Williams Brewer

Widener Commonwealth Law Review

The right to counsel for parents in administrative abuse and neglect cases, as well as for the children that are the subject of these matters, is a necessity that may not be obvious. This Article seeks to elucidate the fundamental interests that are at stake and justify why the sacrosanct protections of the landmark Gideon v. Wainwright right to counsel case should be extended to an administrative proceeding involving parents who are facing inclusion on a state child abuse and neglect registry. The Article also reveals an inconvenient truth–that communities of color are disproportionately impacted by the consequence of adverse …

Congress And The Shifting Sands In Administrative Law, Christopher J. Walker

Widener Commonwealth Law Review

In recent years, we have seen an anti-administrativist turn in the federal judiciary, with the Supreme Court limiting agency power in important respects. These shifting sands in administrative law seem to be motivated, at least in part, by the Court’s perception of the rise of presidential administration and decline in legislative activity. As part of the Widener Commonwealth Law Review Judging in Administrative Law Symposium, this Essay assesses how the Court has responded to concerns about overpresidentialism and then sketches out several ways Congress can respond to reassert itself in federal lawmaking.

Corporate Exceptionalism: What's Behind The Business Community's Newfound Love Of Jury Trials, Richard H. Frankel

Widener Commonwealth Law Review

2024 was another year of blockbuster Supreme Court decisions. These range from expanding presidential immunity from criminal prosecution, overruling the Chevron doctrine, addressing access to the abortion drug mifepristone, setting standards regarding the power of federal agencies, and others. One case that has flown under the radar, at least outside of administrative law circles, is SEC v. Jarkesy. On its surface, the Supreme Court narrowly held that “the Seventh Amendment entitles a defendant to a jury trial when the [Securities and Exchange Commission (SEC)] seeks civil penalties against him for securities fraud,” rather than being required to proceed in an …

The Disintegration Of Administrative Adjudicatory Enforcement Authority, Robert L. Glicksman

Widener Commonwealth Law Review

In Securities and Exchange Commission v. Jarkesy, the Supreme Court held that the SEC violated Mr. Jarkesy’s Seventh Amendment right to a jury trial by pursuing its charges that he engaged in securities fraud in an administrative forum rather than in federal court. This Essay reviews and critiques the Jarkesy decision, concluding that it ignores several important issues in boiling the case down to whether statutory securities fraud is sufficiently similar to common law fraud to demand attachment of the jury trial right. This decision also distorts decades’ worth of Supreme Court precedents concerning the Seventh Amendment and Article III, …

Indigenous Communities Suffer Multi-Generational Trauma (“Susto”) From The Trafficking And Slavery Of Native Women And Children, Bill Piatt, Karagan Carson, Meghan Monahan, Makayla Perez

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

No abstract provided.

Come And Take It: Prosecutorial Discretion Impositions On Black Communities Regarding Unlawful Carrying Of A Weapon Charges, Karagan Carson

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

No abstract provided.

Is The Us Exit Tax Constitutional?, Reuven S. Avi-Yonah

Law & Economics Working Papers

The recent US Supreme Court decision in Moore vs. United States raised the possibility that the Court would declare that realization is required for a tax provision to be constitutional. The US exit tax on expatriations is the most likely vehicle for a post-Moore constitutional challenge to taxation without realization because (a) it involves individual taxpayers; (b) it does not involve attribution, because the tax is imposed directly on the expatriating taxpayer, and (c) it involves precisely the kind of tax that was the direct target of the Moore litigation, namely a mark to market tax on rich taxpayers (the …

The Unremarked: A Cultural Analysis On Access To Applied Behavior Analysis Therapy For Autism By Ethnic-Minority And Immigrant Children, Yamel C. Herrera

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

No abstract provided.

Nurse Practitioner Autonomy: How The Rejection Of Sb 1700 Restricts Access To Necessary Healthcare In Rural South Texas, Cara Hudson

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

No abstract provided.

Mmu: 02/17/25–02/23/25, Student Bar Association

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