Digital Commons Network^™

Adopted Into Debt?, Grace Palcic

Indiana Journal of Law and Social Equality

While adoption procedures differ from state to state, every state uses some variation of the best interest of the child standard to determine the outcome of an adoption proceeding. To gather information for the best interest determination, states have created the home study process to investigate prospective adoptive families. A home study allows social workers and/or private adoption agencies to look at the needs of the child, the ability of the parents to care for the child, the existing familial dynamics, the safety of the physical home, the perceived moral character and reputation of the parents, mental and physical health …

The Chemical Straightjacket: Institutional Over-Use Of Psychotropic Drugs On Children In Lieu Of Therapeutic Community Mental Health Services, Marisa Leib-Neri

Indiana Journal of Law and Social Equality

This Article argues that the abysmal state of children’s mental health in America is in part due to an overreliance on and over prescription of psychotropic drugs inside psychiatric residential institutions in lieu of community based mental health services. This overreliance on residential institutions and psychotropic drugs has allowed a new form of chemical restraint to flourish—the chemical straitjacket. This Article uses the medication lists of twelve children in seven different North Carolina psychiatric residential treatment facilities to demonstrate how the chemical straitjacket operates: the prescription of drugs not approved for pediatric populations, counter to evidence-based practices for particular diagnoses, …

Crip The Law: Representation As A Key Component Of Liberation Lawyering, Marissa Ditkowsky

Indiana Journal of Law and Social Equality

No abstract provided.

The Failure Of Fcc Diversity Initiatives: A Postmortem And A Proposal, Christopher Terry, David Pritchard

Indiana Journal of Law and Social Equality

No abstract provided.

A Bloody Mess: Why Blood Plasma Donation Centers Are Not Public Accommodations Subject To Title Iii Of The Americans With Disabilities Act, Kevin D. Marshall

Indiana Journal of Law and Social Equality

No abstract provided.

Situating Standing In Environmental Litigation, Wyatt Balius

Undergraduate Theses, Professional Papers, and Capstone Artifacts

Controversies over issues of standing in federal civil litigation are hotly contested, as they strike at the heart of separation of powers issues and broader notions of the intent of civil action. Here I identify two competing theories of the purpose of standing and its requirements as such. Restrictive standing, as argued by Professor Ann Woolhandler, seeks to inherently link civil redress with an injury-in-fact requirement for both public and private law claims. Expansive standing, as argued by Professor Cass R. Sunstein, seeks to ground civil redress largely within violations of Congressionally designated causes of action. I argue that the …

Assessing The Past And Future Of Article Iii, Section 12 Of The South Dakota Constitution, Neil Fulton, Madison Gosch

Faculty Publications

The framers of South Dakota’s Constitution feared corruption among public officials. This inspired them to implement structural checks on corruption in that organic document. One result of that effort was Article III, Section 12. That provision prohibited legislators from entering contracts authorized during their term. It further prohibited legislators from occupying other public offices during the legislative service or being appointed to offices created or given increased compensation during their term. The expansion of state government’s reach over time and a recent reinterpretation of Article III, Section 12 raises the question of how well it aligns with current circumstances. This …

Workplace Retaliation And The Intersection Of Protected Conduct And Job Performance, Chris Schmidt

Faculty Publications

No abstract provided.

Reevaluating South Dakota's Child Support Deduction: Balancing Retirement Contributions And Children's Needs, Marilyn Trefz

Faculty Publications

This article explores how South Dakota’s child support provisions, particularly the 10% allowable deduction for voluntary retirement contributions from parents’ gross income, affect the fair distribution of financial responsibilities between parents. By exploring the historical context and evolution of this statute, this article highlights the challenges and disparities the 10% deduction creates, particularly for custodial parents living in poverty. Through a comparative analysis with other states and a discussion on balancing retirement savings with child support needs, the article argues for reconsideration of the statutory allowance. The article’s aim is to ensure that the next revision of the child support …

A Call For Trained, Trauma-Informed Attorneys To Represent And Support Unaccompanied Children In Removal Proceedings By Petitioning For Special Immigrant Juvenile Status, Will Sheehan

Roger Williams University Law Review

No abstract provided.

Guilty Pleas Matter: Waivers And The Forgotten Solemnity Of A Sacred Process, Julian A. Cook Iii

UF Law Faculty Publications

Approximately 98% of federal cases are resolved by means of a guilty plea. Thus, it is the guilty plea hearing, not the jury trial, that is the heart and lungs of our criminal justice system. Given the frequency of its use, coupled with the deeply impactful personal consequences that necessarily accompany a conviction, district courts play a critical evaluative and safeguarding function. As famously stated by the Supreme Court in Brady v. United States, the decision to plead guilty “is a grave and solemn act to be accepted only with care and discernment . . . .”

Guilty Pleas …

"Then What?": A Framework For Life Without Chevron, Gary Lawson

UF Law Faculty Publications

The Supreme Court overruled Chevron in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. What happens next? What should happen next?

This essay does not try to answer either of those important questions. Rather, it seeks to provide a framework to promote careful thinking about those questions. Specifically, any predictive or prescriptive account of the law governing judicial review of federal agency legal interpretations needs to think carefully about four issues.

First, what does “deference” actually mean in any given context? “Deference” can mean anything from polite respect to absolute obeisance, and everything in …

Rethinking Structural Injunctions In State Constitutional Litigation, Jonathan L. Marshfield

UF Law Faculty Publications

This Article’s core claim is that state courts should rethink how they approach remedies in structural injunction cases. Specifically, they should rely less on federal precedent and work to develop unique state doctrines that better reflect state constitutional structure and democratic design. This Article argues that the predominant federal rationales for limiting equitable relief neither sufficiently engage with state constitutional structure nor with the nature of state constitutional democracy. Instead, they tend to simply parrot ideas and arguments the United States Supreme Court developed under the federal Constitution that do not have the same relevance or salience when deciding remedies …

Environmental Monitoring Plan: For Work To Be Performed: July 1, 2024, Through June 30, 2025, Tennessee. Department Of Environment And Conservation.

Environmental Monitoring Plans

The Tennessee Department of Enviornment and Conservation, Division of Remediation, Oak Ridge (TDEC DoR-OR), provides the annual Fiscal Year 2025 EMP for the period of July 1, 2024, through June 30, 2025. This report is submitted as a comprehensive plan for TDEC DoR-OR monitoring and assessment activities across the Oak Ridge Reservation, Oak Ridge, Tennessee, (ORR) in accordance with terms of both the Environmental Surveillance and Oversight Agreement (ESOA), as well as in support of activities being conducted under the Federal Facilities Agreement (FFA).

Into The Thick Of It: Using Antitrust Law To Trim Patent Thickets And Lower The Price Of Prescription Drugs, Nachtrieb, William

Santa Clara Law Review

What would you do if the only drug that could potentially save your lifeispricedsohighthatyouwouldfacefinancialruintopayforit? For many Americans, this dilemma is not a hypothetical but a reality. Those who decide to follow doctor’s orders and pay for their prescriptions sometimes face crushing financial burden. It is not a secret that the price of pharmaceutical drugs in the United States is crippling for many patients. Indeed, the high price of prescriptions is one of the few issues that has garnered bi-partisan concern, with both Joseph Biden and Donald Trump vowing to fight to lower costs. This Note identifies the practice of “patent …

Tied Together With Covenants: Tying Provisions As The Anti-Hero To Fdic Insurance Limits, Kelly W. Cline

Scholarly Works

No abstract provided.

The Expressive Power Of Protecting Intimate Privacy: A Comparative Study Of Legal And Platform Measures, Danielle Keats Citron, Jonathon W. Penney, Alexis Shore Ingber

Articles & Book Chapters

Intimate privacy violations exact profound costs to freedom, including chilling victims into silence; denying them sexual agency; and eroding trust critical to intimate expression and sharing. Effective intimate privacy protections could mitigate these harms via law’s expressive function—sending a message or “signal” that victims of intimate privacy invasions are valued, and their expressions worthy of protection. However, without proof, skepticism is warranted about potential expressive functions as there has been an absence of proof to back up these claims. This Article aims to help fill this void, making a theoretical and empirical case for a positive expressive impact of both …

Football Club Acquisitions And The Markets They Impact, Garry A. Gabison

Marquette Sports Law Review

No abstract provided.

2024 Annual Survey: Recent Developments In Sports Law, Joseph A. Delia, Sydney A. Hardy

Marquette Sports Law Review

No abstract provided.

Pennsylvania And Sports Law: Keys To The Keystone State, Adam Epstein

Marquette Sports Law Review

No abstract provided.

Ready, Set, Go: The Race Between The Government, The Constitution, And Racehorses, Erik L. Pedersen

Marquette Sports Law Review

No abstract provided.

All Bets Are On: It's Time For Wisconsin To Up The Ante And Legalize Mobile Sports Wagering, Nicholas B. Frawley

Marquette Sports Law Review

No abstract provided.

Constitutional Law Application In The Sport Industry, Barbara Osborne

Marquette Sports Law Review

No abstract provided.

Is The Nhl Not Taking Its ‘Enforcer’ Role Seriously?, Samantha Rice

Marquette Sports Law Review

No abstract provided.

Private Equity In College Sports: Enthusiastic Partner Or Meddling Force?, Kent Miller

Marquette Sports Law Review

No abstract provided.

Sports Law In Law Reviews And Journals, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

Leveling The Playing Field Through Collective Bargaining: How The Nlra And The Groundbreaking 2024 Nwsl Cba Could Shape The Wnba’S Impending Cba Negotiations, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.

The Gym-Pire Strikes Back: Is The Eighth Circuit’S Vacatur Of The Ftc’S Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis

Marquette Sports Law Review

No abstract provided.

“It Doesn’T Matter What Your Name Is:” The Case Against Corporate Ownership Of Persona Rights In Modern Professional Wrestling, Calvin Holle

Marquette Sports Law Review

No abstract provided.

Efficient Norms In Formula One, Samuel Cole

Marquette Sports Law Review

No abstract provided.