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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.

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Appeal, Arbitrate, Appraise: A Forthcoming Rallying-Cry For The Victims Of The California Wildfires, Thomas Riley

Cardozo Journal of Conflict Resolution (CJCR) Blog

Seven days into the 2025 new year, the most expensive natural disaster in United States history broke out. 29 people were killed, and at least 16,000 structures were destroyed. Damages estimations have been varied. One analyst firm reasoned the fires could cost as much as $35 billion[3], another thought $45 billion, and the University of Southern California thinks $75 billion. Among the hardest hit neighborhoods was Altadena, California. Northwest Altadena stood as one of the few areas black families could purchase homes in Southern California, as “81% of Black households in Altadena own homes, compared with 32% across Los Angeles …

Strengthening Legal Frameworks And Patient Safety: A Narrative Review Of Medical And Dental Malpractice In Indonesia, Ghulam Mustafa, Ede Surya Darmawan

Jurnal ARSI : Administrasi Rumah Sakit Indonesia

Many cases of medical and dental malpractice in Indonesia are still related to patient safety and healthcare quality. This narrative review aims to identify solutions that can be implemented. The main focus is to compare the incidence of malpractice in clinical medical and dental practice, emphasizing legal implications, coverage, and internal organizational issues. A systematic literature search was conducted through databases such as Pubmed, ScienceDirect, Google Scholar, Springer, Garuda, and other online databases. Articles published no later than 2024. Eleven studies were selected that discussed the problem of malpractice in Indonesia. Independent screening and critical appraisal were carried out to …

The Impact Of Artificial Intelligence On Lending: A New Form Of Redlining?, Sadie Cavazos

Texas A&M Journal of Property Law

The issue of biased lending is longstanding and has faced much legislation over the past few decades. When issues of discrimination in the housing market became center stage in the 1960s, Congress passed multiple acts to combat what became known as “redlining,” or systematically denying credit to minority groups of people. Acts such as the Fair Housing Act and the Equal Credit Opportunity Act worked to eliminate this discrimination, but that does not mean bias does not still exist. However, lending companies, due to the efforts of the above-enumerated acts, can no longer act on these biases. But with the …

Flowing Justice: Quantifying Water Rights In The Wake Of Arizona V. Navajo Nation—Navigating The Legal Oasis For Native American Water Sovereignty, Sydney Shearouse

Texas A&M Journal of Property Law

Climate change has spurred a meteoric rise in environmental disputes particularly in arid climates where water shortages have become increasingly commonplace. Water rights controversies rise to the fore of public discourse as awareness and acceptance of climate change—and its impact on scarce resources—have become a near universal norm. These water shortages impact everyone. However, Native American tribes are uniquely impacted as their water rights are not clearly defined in the treaties that established the various reservations. The Supreme Court decided in Winters v. United States (1908) that there is a fiduciary duty owed to Native American tribes by the federal …

The Dog Dies At The Beginning Of This Paper: Issuing Victims Protective Orders As A Result Of An Abuser’S Intentional Destruction Of Property, Brighton Frost

Texas A&M Journal of Property Law

Domestic violence is a prevailing issue in the United States for both men and women, growing exponentially during COVID-19. In the law, there are two approaches to remedy this issue. The first being a criminal conviction of the abuser, which requires witness testimony and is held to a higher burden of proof than the other. The other approach is for the victim to obtain a protective order against the abuser. However, in many states, protective orders are only available to victims once the abuser physically attacks them, despite there being reliable signs of abuse before physical violence occurs. Thus, this …

Arnold J. Schmit Appellant V. Joshua Schmith Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Honorable Teresa L. Welch, District Court No. 210906538

Ben W. Lieberman, Attorneys for Appellee Joshua Schmith

Rich Willie, David H. Culmer, Attorneys for Appellant Arnold J. Schmit

The Formula For “Sustainable” Tuna, Brianna M. Grimes

Pace Environmental Law Review

Tuna is one of the most popular types of seafood. But in today’s market, consumers want more than just good taste; they want to know that the food they eat is sustainably sourced. A major obstacle plaguing the tuna industry and hindering sustainability is bycatch—the incidental catch of non-target species. To begin, this paper will provide an overview of the history and inherent problems of tuna fishing, and the existing public laws and regulations, both at the national and international level, that govern fisheries. Next, this paper will identify private environmental governance initiatives undertaken by the industry to fill the …

Arbitrators Of Environmental Disputes: The Guardians Of Natural Resources, Isabella Mazzei

Pace Environmental Law Review

According to the International Energy Agency, to achieve net zero emissions by 2050, global investment in clean energy must more than triple, reaching $4 trillion. More investments in technology for clean energy and infrastructure means more transactions across major industries. This inevitably translates to the potential for more disputes, including environmental concerns. Most energy related disputes are predicted to arise in the oil and gas sector, the power generation sector, and the offshore renewable sector. Arbitration presents an appealing option to efficiently resolve these emerging conflicts. This paper highlights the growing importance of arbitration in resolving environmental disputes. To explore …

Tfpa, Wildfire Mitigation, And The Dissemination Of Indigenous Knowledge, Lauren Palmer

Pace Environmental Law Review

The United States is experiencing a multitude of environmental issues across the country, including increasingly frequent and disastrous wildfires. Simultaneously, Indigenous persons are demanding their right to self-sovereignty and working to preserve intergenerational Indigenous Knowledge including cultural burning practices. Cultural burning is a practice of many Indigenous tribes that help environments and the species that comprise them, foster and grow. To further help tribes with their mission in keeping Indigenous Knowledge alive and to reduce the frequency and severity of destructive wildfires, this article argues the federal government should amend federal acts to provide Indigenous tribes with a greater opportunity …

Creating Peer Support For Law Enforcement And Incorporating Cognitive Behavior Therapy, Justin Day

Master of Arts in Criminal Justice Leadership

Creating change such as a new wellness program can be a difficult task, but it can be broken down into specific steps that make it slightly less daunting. Leaders need to be at the forefront of changes within their organization by leading by example and creating a culture that is inclusive of wellness. Utilizing policy creation, a wellness committee and clearly defining goals can help leaders successfully implement a new wellness program. Ethically, many reasons support the creation of a peer support program to help support employees in the criminal justice field. Ensuring ethical expectations and accountability are paramount in …

Let’S Save More Lives: A Call For A National Good Samaritan Law, Molly Mcguinness

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The United States is facing a fentanyl epidemic.  Fentanyl is a synthetic opioid that is fifty times stronger than heroin and one hundred times stronger than morphine.  While fentanyl is approved by the Food and Drug Administration (FDA) for pain relief and anesthetic used in controlled medical settings, most overdoses come from illegally manufactured fentanyl.  Drug dealers lace fentanyl into fake prescription pills and other illegal drugs.  Since fentanyl is a synthetic drug, it is cheaper to produce than other opioids that are grown from plants, and it therefore is more profitable for drug cartels to sell.  A lethal amount …

Texas Means Business: Constitutional Challenges To New Business And Appellate Courts, Daniel H. Ramirez

St. Mary's Law Journal

No abstract provided.

The Illusion Of Choice: Why Texas’ Open And Obvious Defect Doctrine Fails Injured Workers, Madalyn R. Parr

St. Mary's Law Journal

No abstract provided.

Executive Watch: Introduction, Timothy Zick

Popular Media

First installment in a regular feature on the Trump administration and the First Amendment.

The Texas County Appraisal System, Chad J. Pomeroy

St. Mary's Law Journal

No abstract provided.

Fetal Personhood And Access To Reproductive Rights: Power And Precarity In Post-Roe America, Jainab Banu

Journal of International Women's Studies

This paper delves into the concept of “fetal personhood” and dissects how lawmakers systematically deploy rhetorical agency in policy to draw demarcating lines between demographic groups in post-Roe America. After abortion was legalized in 1973, the number of women opting for abortion rose significantly. Even after legalization, however, underrepresented and marginalized women struggled to access safe and high-quality healthcare, and many of them risked self-induced abortions. Since Roe v. Wade was overturned in 2022, women with financial affluence can still travel to states where abortion is not banned to access their reproductive rights; however, women with low income may not …

The State Of The Medical Cannabis Industry And Enforcement Against Illegal Cannabis Shops, Chaz Brooks

Legislative Testimony & Comments

My name is Professor Chaz Brooks, and I am joined by several of my students who have assisted on this project, Khumar Gasimzada, Christian Nunez, and Olivia Woodmansee. Professor Priya Baskaran and I co-lead the Entrepreneurship Law Clinic at American University Washington College of Law, where we provide legal support to small businesses and entrepreneurs in Washington, D.C. (the “District” or “D.C.”). Over the past year, we have worked closely with Sean and Lashonia Thompson-El of DC Native Botanicals who received a Conditional Social Equity License for a cultivation center in October 2023. Today, we testify not only on their …