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A World-Threatening Feeling: Grief, Moral Injury, And Institutional Loss In Rural Courts, Michele Statz

Fordham Law Review

No abstract provided.

The Pro-Defense Constitution, Zamir Ben-Dan

Utah Law Review

The pro-defense Constitution envisioned by the framers had its shortcomings. State power was unconstrained by it. More importantly, the Constitution’s protections only applied to white people; African Americans had no legal rights. The drafters of the Reconstruction Amendments attempted to change this reality in the field of criminal law by making the Bill of Rights applicable to the states. Put another way, the pro-defense Constitution was to protect all persons charged with crimes in the United States. The author avers that this vision of the Constitution must be reclaimed.

Why You Cannot Find A Swing Justice When You Really Need One, Neal Devins

William & Mary Law Review

From Richard Nixon’s 1972 appointment of swing Justice Lewis Powell until Donald Trump’s 2018 appointment of Brett Kavanaugh (to replace swing Justice Anthony Kennedy), the swing Justice ruled the roost. Sometimes voting with the Court’s conservatives and other times with its liberals, the swing Justice often cast the deciding vote and often embraced a sui generis middle ground. Those days now seem like a distant memory. An ideologically simpatico majority coalition drives the post-2018 Roberts Court (especially after Justice Amy Coney Barrett filled Justice Ruth Bader Ginsburg’s seat in 2020). In this Article, I will use the Court’s affirmative action …

Taking Integrity Risks Seriously, Miriam H. Baer

Fordham Law Review

No abstract provided.

Destroy, Rebuild, Repeat: How To Break The Climate Disaster Cycle, Mark Nevitt

Vanderbilt Law Review

Climate change is fundamentally reshaping how we live, where we live, and whether we invest in or retreat from climate-exposed communities—but climate and disaster law is not changing with the climate. This legal latency is driven by antiquated statutes, doctrines, and policies that have not kept pace with the climate moment. Ex ante adaptation decisions governing where to live are life and death choices that shape ex post disaster response. Laws and policies should facilitate sound climate decisionmaking, but too often they frustrate individual and governmental decisions on whether to stay or retreat. In this Article, I argue that laws …

Assessing Alexithymia In Law Enforcement: The Role Of Service Tenure And Sex, Elfego J. Gallardo Jr

Dissertations

ABSTRACT

Alexithymia, characterized by difficulties in identifying and expressing emotions, has significant implications for professions requiring emotional intelligence and trauma-informed response. Law enforcement officers routinely navigate high-stress encounters that demand emotional regulation, clear communication, and empathy, yet those with alexithymic traits may struggle in these areas, potentially affecting interactions with victims, suspects, and the community. This study examined the prevalence of alexithymia among front-line police officers in suburban municipal agencies within the Chicago metropolitan area, using the Toronto Alexithymia Scale-20 (TAS-20) as a standardized assessment. The research addressed three questions: (1) What proportion of officers exhibited normative or elevated levels …

When One Door Closes: Legal Education And Racial Justice After Students For Fair Admissions, Michael I. Meyerson

Articles

In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court ruled that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibited colleges and universities from using race as a factor in admissions decisions. Many have feared that this ruling portends the end of racial diversity in higher education. Law schools, however, can choose to treat this decision as creating a fresh opportunity to pursue racial justice in a comprehensive and meaningful way. Most of the early scholarly writing on Students for Fair Admissions focused on either its …

Educational Choice: The Legacy Of Meyer V. Nebraska And Pierce V. Society Of Sisters: Introduction, Maimon Schwarzschild

The Journal of Contemporary Legal Issues

One hundred years ago, in 1925, in a lawsuit brought by parochial and private schools, the U.S. Supreme Court unanimously struck down an Oregon state law requiring children to attend only public schools. Two years earlier, in 1923, the Court struck down a state law prohibiting the teaching of foreign languages to young children. Midway between the hundredth anniversaries of these two decisions—in March 2024—the Classical Liberal Institute at New York University School of Law sponsored a symposium in conjunction with this Journal on “Educational Choice: The Legacy of Meyer v. Nebraska and Pierce v. Society of Sisters”.

This …

A Natural Law Approach To Parental Rights, Richard A. Epstein

The Journal of Contemporary Legal Issues

The modern interest in the twin cases of Meyer v. Nebraska, and Pierce v. Society of Sisters has sparked a renewed curiosity in the intellectual foundations and current applicability of those two cases. In this instance, I stress less the constitutional underpinnings of the cases in order to focus more on their natural law approach to the parent-child relationship. Based on Lockean principles, I conclude that the standard rules of abuse and neglect offer the sole justification for such intervention, where the state is put to a high standard of proof for intervention. This framework has had only an …

Meyer, Pierce, And The Formation Of Persons, Steven D. Smith

The Journal of Contemporary Legal Issues

This essay, written for a conference marking the centennial of the Supreme Court’s decisions in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925), suggests that both the ongoing importance and the frustrating elusiveness of these decisions reflect the fact that questions of the formation of persons– as contrasted with matters of the expression or manifestation of personhood– are of crucial importance in the protection of liberty and yet are difficult to grasp and address within constitutional and liberal premises. In this predicament, the decisions dealt with the problem of formation of personhood by embracing what may be …

A New Way For Justice For Families Of Schoolchildren With Disabilities? A Case Note On Luna Perez V. Sturgis Public Schools, Kevin R. Hart

New Mexico Law Review

For years, the majority of courts have ruled that parents of children with disabilities were required to exhaust special education due process procedures before filing civil actions under other disability statutes. Change would come through Luna Perez v. Sturgis Public Schools. In Luna Perez, a deaf student, Miguel Luna Perez, was denied a free and appropriate education for eleven years. After settling the case under the Individuals with Disabilities Education Act (IDEA), Mr. Luna Perez (initially through his mother, but later continuing on his own) filed a claim for compensatory damages under the Americans with Disabilities Act (ADA) and Section …

Reactive Hypotheticals In Legal Education: Leveraging Ai To Create Interactive Fact Patterns, Sean Steward

Akron Law Review

Good legal hypotheticals require carefully constructed scenarios designed to mimic the challenges and dilemmas that students will face in their future legal careers. Hypotheticals help students take abstract concepts such as negligence or res ipsa loquitor and ground them in the reality that these rules were meant to control. Yet, despite our best efforts, creating hypotheticals with a rich tapestry of facts, personalities, and complexities that characterize real-world legal practice remains challenging and time-consuming. Artificial Intelligence (AI) can solve this problem. By leveraging emerging AI technology, legal educators can create richer, more realistic hypotheticals that react to students and keep …

Neurocriminology: A Beginner’S Guide, Jerrod Brown

Forensic Scholars Today

No abstract provided.

Neurocriminology: Revolutionizing Specialized Training For Criminal Justice System Professionals, Janina Cich

Forensic Scholars Today

No abstract provided.

Copy Trading Unveiled: The Regulatory Need For Investor Protection In India, Manas Rohilla, Vaibhav Vijay Nishad

National Law School Business Law Review

Rapid fintech advancements have grappled regulators worldwide with the complex task of balancing innovation with investor protection. This paper delves into the evolving landscape of financial technology, with a specific focus on copy trading. Through a comprehensive review of existing literature, it becomes evident that there exists a significant gap in research concerning the regulatory framework governing copy trading in India. To bridge this gap, we initiate an academic discourse on copy trading, its prevailing models, and the existing domestic regime. We examine the need for regulatory oversight by SEBI of copy trading in India, driven by key concerns such …

Guardians Of Cyberspace: Censorship, Ai-Generated Child Imagery & The Role Of Online Platforms, Derick A. Kalt

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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.

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 …

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 …

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 …

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 …

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 …

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.

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.

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 …

World Wide Whac-A-Mole: The Inadequacies Of The Dmca To Protect Copyright Holders Online And Why Artificial Intelligence Is The Solution, Nathania Davis-Fox

Texas A&M Journal of Property Law

Congress created the Digital Millennium Copyright Act (DMCA) at the dawn of the internet age 25 years ago. It addressed the needs and concerns of Online Service Providers (OSPs) in the nascent cyber landscape, but the DMCA must now be reformed to meet the needs of Web 2.0. The DMCA’s refusal to condition §512(c) safe harbor protection on OSPs’ platform monitoring is no longer practical. This now produces results contrary to the Copyright Act’s purpose of encouraging the creation and dissemination of new works. Copyright owners are fighting a losing battle against infringing OSP users and the DMCA’s notice-and-takedown procedures …

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 …

Exploring Generative Artificial Intelligence (Ai) Applications In Fashion: Ethical Concerns In Human-Like Technology, Melissa Kathryn Gonzalez

Faculty Scholarship and Creative Works

No abstract provided.

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 …

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.