Digital Commons Network^™

Note – Rape-Related Pregnancies: The Need To Create Stronger Protections For The Victim-Mother And Child, Margot E. H. Stevens

UC Law Journal

About one in six women in the United States will be a victim of rape. For many of these women, the rape does not end there—this crime against their body will result in an unplanned pregnancy. In recent years, rape awareness has increased both in the government and among the public: a new federal definition of rape encompasses a broader spectrum of victims and pregnancy resulting from rape was splashed across national headlines. But this is not enough. Most states lack sufficient legal protections for a pregnant rape victim: criminal prosecutions and convictions for rape are rare, and many states …

Student Records And Privacy, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

The Family Educational Rights and Privacy Act (FERPA), which became federal law in 1974, addresses the rights of students and their parents with regard to educational records. The two goals of FERPA are (1) to grant parents and eligible students, typically those over age 18, access to their educational records and (2) to limit the access of outsiders to those records. FERPA, along with the Individuals with Disabilities Education Act (IDEA) and its regulations, also has a significant effect on the delivery of special education for students with disabilities (20 U.S.C. § 1232[g]; 34 C.F.R. § 99.4).

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Scholarly Works

I start this Article from the premise that the Court was correct in Roe v. Wade concerning the significance of fetal viability. I assume for the sake of argument that viability is a momentous point in pregnancy and that “logical and biological justifications” support a compelling state interest in protecting the lives of fetuses that have crossed the viability threshold. The goal of this Article is to highlight factors that individually and in concert significantly hinder legislative attempts to preserve the lives of viable fetuses, and to identify measures that, if permitted by the courts, could facilitate the pursuit of …

More Than Ip: Trademark Among The Consumer Information Laws, Michael Grynberg

William & Mary Law Review

Part I begins the inquiry by describing trademark’s connection with other consumer information laws. In many cases optimal trademark policy—by whatever criteria—depends on the state of play in another regime. This complicates trademark’s development in multiple ways. It is not simply a problem of determining how another body of law treats the related issue. Identifying the relevant parallel regime is not always easy. Indeed, sometimes the laws most pertinent to the production of consumer information are more general in nature—think, for example, of the role that simple trespass law plays in determining what we know about how our meat is …

Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine Gonzales Rose

Faculty Scholarship

Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …

Language Disenfranchisement In Juries: A Call For Constitutional Remediation, Jasmine B. Gonzales Rose

UC Law Journal

Approximately thirteen million U.S. citizens, mostly Latinos and other people of color, are denied the right to serve on juries due to English language requirements and despite the possibility (and centuries-old tradition) of juror language accommodation. This exclusion results in the underrepresentation of racial minorities on juries and has a detrimental impact on criminal defendants, the perceived legitimacy of the justice system, and citizen participation in democracy. Yet, it has been virtually ignored. This Article examines the constitutionality of juror language requirements, focusing primarily on equal protection and the fair cross section requirement of the Sixth Amendment. Finding the existing …

The Corporate Capture Of The Federal Courts: An Address From October 2, 2013, Elizabeth Warren

University of the District of Columbia Law Review

No abstract provided.

From Blue To Green: The Development And Implementation Of A Horticultural Therapy Program For Residents Of A Battered Women’S Shelter, Claire M. Renzetti, Diane R. Follingstad, Diane Fleet

CRVAW Faculty Presentations

No abstract provided.

U.S. Food Aid Reform Through Alternative Dispute Resolution, Delilah J. Griswold

Sustainable Development Law & Policy

No abstract provided.

The Seminole Tribe And The Origins Of Indian Gaming, Matthew L.M. Fletcher

FIU Law Review

No abstract provided.

On Teaching Legal Ethics In The Law Office, Thomas L. Shaffer

Notre Dame Law Review

No abstract provided.

Reports Of Its Death Are Greatly Exaggerated: Ebay, Bosch, And The Presumption Of Irreparable Harm In Hatch-Waxman Litigation, Kenneth C. Louis

Pace Intellectual Property, Sports & Entertainment Law Forum

This Article examines the preliminary injunction standard in pharmaceutical patent infringement actions pursuant to the Hatch-Waxman Act. Prior to Supreme Court’s decision in eBay v. MercExchange, L.L.C. in 2006, federal courts applied a presumption of irreparable harm when a patent holder established a likelihood of success on the merits. While the eBay Court abrogated the presumption of irreparable harm in permanent injunctions, courts have been unclear as to application of eBay on preliminary in-junctions. This Article will further examine preliminary injunctions in Hatch-Waxman actions in the District of New Jersey since eBay in 2006 and argue that courts still tacitly …

Measuring The Justice Gap: Flaws In The Interstate Allocation Of Civil Legal Services Funding And A Proposed Remedy, Dion Chu, Matthew R. Greenfield, Peter Zuckerman

Pace Law Review

With the supply of legal services not particularly responsive to demand, we conclude that the justice gap could be narrowed simply by reforming the way in which policymakers distribute legal services funds while holding constant the total amount of funds distributed.

In reaching this conclusion, we proceed in two parts. First, drawing largely from Access Across America and LSC data, we analyze the supply of legal services funding across states. Since eligibility for Legal Services Corporation (LSC) funds is principally determined by income (only individuals in households with income at or below 125% of the federal poverty level are LSC …

Visual Gut Punch: Persuasion, Emotion, And The Constitutional Meaning Of Graphic Disclosure, Ellen P. Goodman

Cornell Law Review

No abstract provided.

Cooksey V. Futrell: The Fourth Circuit Illustrates How Informal Communications By State Authorities And Regulators Can Be Used To Establish Article Iii Standing And Ripeness In First Amendment Proceedings, Neal A. Inman

First Amendment Law Review

No abstract provided.

Crisis Of Care, Dr. Emily Sanchez Salcedo

Center for Business Research and Development

A couple of months prior to my daughter's first birthday, my husband and I decided with heavy hearts to look for a daycare facility that can accommodate our pressing needs. I was on the final months of my doctoral studies with a dissertation waiting to be concluded and defended while reviewing for the New York bar examination and trying to earn a few dollars as a library assistant - there was no way I could still be a full-time mother at the same time unless sleep goes out of vogue. We were in the United States where house helpers are …

Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell

UIC Law Open Access Faculty Scholarship

This article analyzes the factors that affect the effectiveness of the current rules and counseling protocol in enabling seniors to make well-informed decisions on whether to enter into a proposed reverse mortgage in light of the cognitive barriers that consumers in general, and seniors in particular, face. The article then proposes further changes to these rules and the counseling protocol to better enable seniors to determine whether entering into reverse mortgages is in their best interest in light of their specific financial situations and goals. Section I provides an overview of the current status of the law relating to reverse …

The Physician Orders For Life-Sustaining Treatment (Polst) Coming Soon To A Health Care Community Near You, Robert B. Wolf, Marilyn J. Maag, Keith Bradoc Gallant

ACTEC Law Journal

No abstract provided.

Negotiating Regulatory Coherence: The Costs And Consequences Of Disparate Regulatory Principles In The Transatlantic Trade And Investment Partnership Agreement Between The United States And The European Union, T. Sandra Fung

Cornell International Law Journal

No abstract provided.

Reemphasizing Impracticability In The Special Needs Analysis In Response To Suspicionless Drug Testing Of Welfare Recipients, James R. Jolley

North Carolina Law Review

No abstract provided.

Introducing Plea Bargaining Into Post-Conflict Legal Systems, Cynthia Alkon, Ena Dion

Faculty Scholarship

Criminal justice systems around the world face overwhelming caseloads and ever-increasing pressure to handle more. This pressure can be even more serious in post-conflict countries that face additional problems such as limited resources and fragile political environments. In overloaded criminal justice systems it may be difficult, if not impossible, to hold trials for every accused person in a timely way. As a result, countries are increasingly looking to alternative processes to handle criminal cases beyond traditional formal trials. Plea bargaining is frequently considered as a possible solution to problems of case backlogs, long periods of pretrial detention, and to help …

Overcoming Barriers To The Protection Of Viable Fetuses, Randy Beck

Washington and Lee Law Review

No abstract provided.

The Puzzling Presumption Of Reviewability, Nicholas Bagley

Articles

The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …

Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun

Washington and Lee Law Review

No abstract provided.

The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian

Washington and Lee Law Review

No abstract provided.

Reconciling Energy And Food Security Law, Rhett B. Larson

University of Richmond Law Review

This article argues that making "water security" a more predominant policy aim can help reconcile and integrate energy security and food security. Water security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable water, combined with acceptable levels of water-related risks (e.g., drought, flood, and water-related plagues).

Review Essays, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

The Puzzling Presumption Of Reviewability, Nicholas Bagley

Articles

The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …

Multiculturalism And Feminism For Hispanic Immigrant Women Accused Of Drug Crimes, Kathryn Duque Lenhart

BYU Law Review

No abstract provided.

Ethical Perspectives On Changing Agricultural Technology In The United States, Patrick Madden, Paul B. Thompson

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.