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Front Matter And Table Of Contents

University of Miami Race & Social Justice Law Review

No abstract provided.

Durable Power Of Attorney, Carolyn L. Carlson

Essays in Developmental Psychology

A power of attorney is a written document that authorizes an individual (an “agent” or “attorney-in-fact”) to act on behalf of another individual (the “principal”) in a fiduciary capacity related to matters specified within the power of attorney document. The agent does not have to be a licensed attorney in order to assume the role as agent, but must act with care and in good faith when dealing with the principal’s affairs. An agent’s power can be limited to a specific transaction, such as purchasing a specified piece of real estate, or the agent can be authorized to complete various …

A Legal Analysis On The Link Between Pornography Consumption And The Perpetuation Of Abuse, Madelyn Garrett

Advanced Issues in Criminal Law: Sex Offenses

This essay examines the connection between the overconsumption of pornography and the growing demand for violent and extreme types of pornography. This essay also looks at the abuse this demand perpetrates.

A Punishment That Harms Everyone And Benefits No One: An Analysis Of The Use Of Solitary Confinement Under Common Sociological Theories Of Punishment, Allison Lampert

Et Cetera

In the United States, experts estimate that nearly 100,000 incarcerated individuals are held in solitary confinement. While individuals can be held in solitary confinement for a variety of reasons, many are placed in lockdown because they have untreated mental illnesses, have committed some sort of minor disciplinary infraction, are need of protection, or for unpopular personal beliefs. In other words, solitary confinement is used as a broad catch-all to a wide range of low-level and nonviolent misbehaviors. This note argues that solitary confinement is an unjustifiable mode of punishment as analyzed under two commonly cited sociological theories of punishment: retributivism …

Supreme Court Case Study: The Variation In Rates Of Miscarriage Management Care And Post-Abortion Care Across The Us Before And After The Supreme Court Decision, Ted Sibrian Jr.

MUSC Theses and Dissertations

The paper examines abortion care and the management of miscarriages following the Roe v. Wade decision in restrictive states that do not allow medical intervention due to the vague legal terms. This research evaluates the need to establish protocols for providers when faced with nonviable pregnancies requiring medical intervention. Additionally, the paper highlights the impact across the US on women’s health outcomes by emphasizing the care for miscarriage management. This multi-method paper reviews the current literature on miscarriage management and spontaneous abortion MarketScan® data from commercially insured individuals with an age range of 18-50 years old by regions across the …

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …

Pick Your Precedent: Bostock, Dobbs, And The Uncertain Reach Of Intermediate Scrutiny In United States V. Skrmetti, Molly Pines

Duke Journal of Constitutional Law & Public Policy Sidebar

The Supreme Court will yet again wade into highly politically charged waters this term when it decides United States v. Skrmetti, a case about gender-affirming healthcare for minors. More specifically, Skrmetti will decide whether SB1, a 2023 Tennessee law that bans gender-affirming care for individuals below age 18, violates the Fourteenth Amendment's Equal Protection Clause. The Tennessee Plaintiffs and the Biden administration, which intervened on their behalf, have argued that SB1 unconstitutionally discriminates on the basis of sex and transgender status. In response, Tennessee has argued that SB1 only uses age and medical purpose—not sex or transgender status—to delineate …

Married By Default, Erez Aloni

Osgoode Hall Law Journal

This Article examines and critiques the global binary debate surrounding opt-in versus opt-out legal regimes for regulating unmarried cohabitants’ financial obligations upon separation. Using Canadian jurisdictions as a case study, it challenges the prevailing academic consensus that endorses opt-out systems as superior policy, based on assumptions that they are fairer, sufficiently preserve autonomy, enhance certainty, and particularly benefit women. Drawing on empirical research, the Article explores how couples engaged with British Columbia’s opt-out scheme. In-depth interviews suggest that default rules operate as quasi-mandatory, with opting out proving remarkably difficult. Moreover, the law often falls short of achieving the anticipated certainty …

Cultivating A Will To Serve: Applying Cultivation Theory To Understand The Effect Of Legal Dramas On Attitudes Toward Jury Service, Matthew J. Dolliver, Josie Leonhardt, Emily Pedigo

Journal of Criminal Justice and Law

Despite being a pillar of the American legal framework, response rates to jury summons remain low, particularly among minorities. Prior research has focused on structural factors contributing to these low rates. Yet, little research has examined citizens’ willingness to engage in the process. At the same time, research on Cultivation Theory suggests some types of consumption are associated with an increased desire to work in the Criminal Justice System. This study explores the impact of media, including news, social media, and legal dramas, on citizens’ disposition toward juries, including beliefs about the importance of juries and willingness to serve on …

Incalculable Harm: Analyzing The Impact Of The Covid-19 Pandemic On Immigration Detention In Canada, Efrat Arbel, Molly Joeck

All Faculty Publications

This paper reflects on the impact of the COVID-19 pandemic on immigration detention in Canada. Drawing on research spanning 2020 to 2022, we analyze how the pandemic impacted rates of detention, conditions of detention, and other related issues. Data released by the Canada Border Services Agency shows that despite an initial decrease in absolute numbers, Canada detained people at a higher rate after the onset of the pandemic than it did prior. Canada also held people for longer periods of time and relied more heavily on jails than dedicated Immigration Holding Centres. Conditions of confinement deteriorated significantly across all detention …

Lessons From Walker V. State: Institutional Reform Litigation And The Right To Dignity In Montana, Hannah Good

Montana Law Review

No abstract provided.

Attitudes On Solitary Confinement, Emily Dewey

Undergraduate Theses

Solitary confinement is widespread and recognized as harmful in society. However, it is not as researched as other controversial issues, including immigration, gun control, abortion, etc. Due to this, it is hard to gauge how supportive the public is or isn't of related practices. In a general sense, public support has been established by legislators crafting policy, and by extension United States Supreme Court decision making. This is particularly crucial in discussions on interpretations of the 8th Amendment/ cruel and unusual punishment. Existing case law, such as Peoples V. Fischer, found that solitary confinement was arbitrary and needed reform, including …

The Impact Of The Parkland Shooting On Voter Behavior And Preferences: Focus On Gun Control, Mental Health, And School Safety Policies., Brooke Bock

Honors Projects in Politics, Law, and Society

This paper thesis examines how the shooting at Marjory Stoneman Douglas High School in Parkland, FL has influenced voting behavior within the affected community, specifically regarding candidate and policy preferences related to gun control, mental health support, and school safety. Utilizing a mixed-methods approach, the study incorporates surveys and interviews to capture voters' opinions and attitudes in the aftermath of the tragic event. Public voter data is also analyzed to identify shifts in voting patterns and candidate support over time. The research aims to understand the magnitude to which the Parkland shooting has shaped voters' views and decisions, and whether …

A Living Constitutional Case For Anti-Classification: Equal Protection As A Civic-Republican Ideal, Avi Konduri

Bates College Undergraduate Law Review

No abstract provided.

Bates College Undergraduate Law Review: Volume I, Issue I, Spring 2025, Bates College Law Society

Bates College Undergraduate Law Review

No abstract provided.

“Don't Say Gay” Laws And Their Decades-Old Rhetorical Basis, Nicholas Danko

Bates College Undergraduate Law Review

No abstract provided.

Brief Of Amici Curiae Center For Civil Rights And Critical Justice, Aclu Of Washington And King County Department Of Public Defense, Center For Civil Rights And Critical Justice, Jessica Levin, Melissa Lee, Ronald A. Peterson Law Clinic, David Montes, La Rond Baker

Center for Civil Rights and Critical Justice Advocacy

No abstract provided.

A Broken Record: A Statutory Solution To Fixing Music Copyright Infringement’S Biggest Problem, Jacob B. Hopkins

Georgia State University Law Review

In the intellectual property space, nothing quite grabs the eye of the public like music copyright infringement. The high reputational and monetary risks associated when an artist claims infringement— especially against that of a major artist—can have huge consequences, even when no infringement occurred. The two prevailing tests for copyright infringement recognize that the hearing court can determine there is not an appropriate level of substantial similarity between two copyrightable works, however this determination relies on specialized musical knowledge, something that the typical trial judge does not possess.

This Note examines the inefficiencies in our current scheme of music copyright …

Psychological Treatment Behind The Walls:Insights From The Inside, Rogelio Serrano

Psychology Division Scholarship

Repeated eras of mass incarceration, criminalization of marginalized communities, and substance use policies have created a revolving door of justice involved populations. The ever-increasing prison population has repeatedly become the largest contingency of mental health clientele for an overburdened mental health system. Those who work with formerly incarcerated individuals in the community often don’t know the unique set of challenges faced by practitioners within the system. Increased understanding and coordination of care can offer opportunities for sustained recovery and reduced levels of recidivism. In this presentation participants will learn about the unique insights on mental health treatment that can be …

International Animal Law, Daina Bray, Paula Cardoso, Jessica Chapman, Hira Jaleel, Rajesh K. Reddy, Joan Schaffner

The Year in Review

No abstract provided.

International Section Ethics Committee, David Levine, Amy Bowers, Antonia Iragorri, Tiffany Comprés, Roland Potts

The Year in Review

No abstract provided.

International Family Law, Robert G. Spector, Melissa A. Kucinski

The Year in Review

No abstract provided.

Sexual Orientation And Gender Identity, Mark E. Wojcik

The Year in Review

No abstract provided.

Human Trafficking In Idaho: A Growing Issue And How Idaho Law Can Be More Effective, Blaykleigh Smythe

Idaho Law Review

Human trafficking has been a national problem since the beginning of the nation’s history and has created millions of victims and threatened the safety and freedom of our country. Since 2000, when the first comprehensive federal law to address human trafficking was passed, states have followed suit and passed their own versions of trafficking statutes. Many states have also recognized the growth of the problem and reformed their legislation to respond and provide resources for victims more effectively. This article discusses the importance of state legislation against human trafficking and analyzes Idaho’s own statute in comparison to other states. The …

Stress And Public Criminal Defense: Comparing Male And Female Defender Experiences And Coping Strategies, Alisa M. Smith

Idaho Law Review

Little research has focused on stress and coping strategies among public defenders, and none compares the experiences of male and female defenders. As frontline workers, critical to the due process of law, understanding and eradicating stress is essential to their well-being and the fair treatment of defendants. Employing thematic analysis of public defenders’ responses to open-ended questions, this study found gendered differences in how male and female defenders described their work motivations, challenges, and strategies for dealing with stress. Both male and female public defenders confront the stresses of injustice and heavy workloads. Female defenders, however, are more likely to …

Black Women Are Supreme: An Empirical Examination Of Black Women's Evaluations Of Ketanji Brown Jackson, Christine M. Slaughter, Camille Burge-Hicks, Nadia E. Brown

ConLawNOW

This article discusses research on the nomination of the first Black woman Supreme Court Justice, Ketanji Brown Jackson. The study examines how emotions and feelings of connectedness to racial and gender groups shaped evaluations of the historic nomination. The research finds that Black women were overwhelmingly enthusiastic about Jackson’s nomination, but that enthusiasm was attenuated by a wide range of variables like interest in politics and the interplay between racial and gender identity. It analyzes how linked fate, a sense of connection to one’s racial group, is associated with the evaluations of the Jackson nomination. The study finds that Black …

Against Monetary Primacy, Yair Listokin, Rory Van Loo

Northwestern University Law Review

To reduce inflation, the Federal Reserve (Fed) raises interest rates. But every month with high interest rates increases the risk of a devastating recession. Recessions impose not only short-term pain in the form of widespread unemployment but also lifelong harm for many, as vulnerable workers and those who start their careers during a downturn never fully recover. Yet hiking interest rates is the centerpiece of U.S. inflation-fighting policy. When inflation is high, the Fed raises interest rates until inflation is tamed, regardless of the consequent sacrifices. We call this inflation-fighting paradigm “monetary primacy.” Despite its great risks, monetary primacy has …

It’S Not So Simple: An Examination Of How The Internal Revenue Code Fails To Contemplate The Economic Realities Of Individuals With Disabilities And Their Families, Garret Hoff

Duke Law & Technology Review

Families with disabled students face extra costs associated with providing their child with the same education that other students get for free. Even though these costs are spent with the explicit purpose of supporting their child’s disability-informed care and are not incurred but for their disability (“but-for costs”), some of these costs are not deductible and others are subject to unnecessary ambiguity when it comes to their deductibility. Families with disabled students are forced to reckon with arbitrary distinctions if they want to receive any favorable tax treatment on but-for costs. This is because the relevant provision in the Internal …

Table Of Contents & Masthead, Karina Grobman

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Blazing A Trail To Dispute Resolution: The Advantages Of Mediating Insurance And Mass Tort Claims Following Wildfires In California, Kate Hanes

Pepperdine Dispute Resolution Law Journal

Year after year, wildfires in California decimate property, the environment, and local communities, precipitating costly and protracted litigation. This Comment explores the advantages of mediating, rather than litigating, insurance and mass tort claims in the aftermath of these devastating natural disasters. In particular, this Comment contends that mediation benefits all parties—wildfire victims, their insurers, and alleged tortfeasors—by quickly and inexpensively resolving claims, preserving the common pool of funds to prevent insurer insolvency, and maintaining flexibility, predictability, and confidentiality. Drawing on examples of other successful disaster mediations, such as the Agent Orange case and those following Hurricanes Andrew and Katrina, this …