Digital Commons Network^™

Distancing From Precedent & Procedures In Favor Of An Uninformed Public: A Survey Of Energy Transfer V. Friedman, Gina R. Salash

Widener Commonwealth Law Review

No abstract provided.

Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes

Maine Law Review

The physical fact about coastal pollution is that, since many of its harms are irreversible, it must be prevented and not just dealt with as it arises. The legal fact about coastal pollution is that legislation which aims to prevent pollutants must survive attacks under the due process, equal protection, commerce, and privileges and immunities clauses of the federal Constitution if we are not to lose entirely the enjoyment of our coastal waters. As the following discussion of the "Environmental Protection Package" passed by the First Special Session of the 104th Maine Legislature and the earlier Wetlands Act shows, judicial …

"Significant Bodily Intrusions": Investigations Into Law Enforcement Phlebotomy, Anne Kathleen Johnson

Dissertations and Theses

This three-paper dissertation explores law enforcement phlebotomy, the ability of law enforcement officers to draw blood. Phlebotomy is both a ubiquitous, invasive diagnostic tool as well as a social site with complex relational dynamics at play between phlebotomist and patient. Through law enforcement phlebotomy, the blood draw is co-opted from the medical field into the policing field, and the normative framework through which it is used changes: whereas medical edicts instruct providers to work with patients through an ethics of care--respecting consent and refusal--policing is not similarly bound, instead operating through a prioritization of security and efficiency. In the articles …

002nd Amendment: License To Abuse While Armed? The Intersection Of Intimate Partner Violence And Second Amendment Rights, Laura Burkett

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Doctors Playing Lawyers: Lessons For Professional Regulation In Crisis, Rebecca H. Allensworth

Vanderbilt Law School Faculty Publications

When someone gets in legal trouble in America, their case is almost invariably decided by a lawyer (a judge), lay people (a jury), or a combination of the two. Professional discipline, however, is a giant unexplained exception. In professional discipline matters, accusations of dangerous or incompetent practice are decided, usually in the first instance but always in the last, by state licensing boards composed of other members of the accused’s profession. These licensing boards wield immense power as labor regulatory institutions, covering ten times as many American workers as the minimum wage and more workers than private and public sector …

Executive Watch: Zick On Executive Orders And Official Orthodoxies, Timothy Zick

Popular Media

During his first term as president, Donald Trump signaled that he was not committed to pluralism and expressive liberty when it came to matters like patriotism, public protest, and other forms of dissent. During his second term, Trump has issued multiple executive orders that attempt to impose official orthodoxies or understandings regarding race, gender, patriotism, and other subjects.

As we have seen, these edicts are not merely symbolic. The executive orders call for agency actions and criminal investigations, and place hundreds of millions of dollars in federal funding at risk. The orders have affected what universities teach, which immigrants can …

Police Questioning In Hospitals: Custodial Interrogation Or Not?, Jessica Wisowaty

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Constitutional Dilemmas Posed By State Policies Against Marine Pollution - The Maine Example, Daniel Wilkes

Maine Law Review

The physical fact about coastal pollution is that, since many of its harms are irreversible, it must be prevented and not just dealt with as it arises. The legal fact about coastal pollution is that legislation which aims to prevent pollutants must survive attacks under the due process, equal protection, commerce, and privileges and immunities clauses of the federal Constitution if we are not to lose entirely the enjoyment of our coastal waters. As the following discussion of the "Environmental Protection Package" passed by the First Special Session of the 104th Maine Legislature and the earlier Wetlands Act shows, judicial …

The Law Of The Land: Development Legislation In Maine And Vermont, J. Jackson Walter

Maine Law Review

In recent Maine and Vermont environmental protection legislation, desecration of the landscape has emerged as an issue as controversial as pollution of water and air. Traditional techniques of land use regulation operate locally, some say parochially, without any regular regard for Earth Day or statehouse politics or even administrative fair play. The trend in northern New England to adopt state-level standards totally changes the business of land development. And statewide rules are not the end; national land use standards are imminent. A report by the President's Council of Environmental Quality recommends federal controls within areas of critical environmental concern, such …

In Re Adoption Of E: First Amendment Rights And Religious Inquiry In Adoption Proceedings, Francis J. Scanlon

Maine Law Review

The New Jersey Supreme Court decision, In re Adoption of E, represents an effort to define what considerations are to be given the religious beliefs of prospective adoptive couples in the screening process of the adoption courts. The majority opinion is emphatic in spelling out what courts cannot do. In overruling the lower court's decision, it was held that the first amendment prohibits the denial of a couple’s adoption request solely because the court disapproves of their religious beliefs. Though holding that a couple's religion cannot be a controlling factor in an adoption denial, the court did not see religion …

Maine's Public Labor Law, Ronald D. Russell

Maine Law Review

The latter half of the last decade saw a rapid increase in activity on the part of labor organizations formed by public employees in Maine. This activity received an impetus from an opinion of the Attorney General and from a Legislative Research Committee Report based on the Labor Relations Act of 1941. Through different methods of reasoning both documents concluded that public employees had the right to form labor organizations, but neither document defined the relationship between these employees and their public employer. Although the activity of these organizations was evidenced by the formation of agreements with municipalities and by …

Due Process And Supremacy As Foundations For The Adequacy Rule: The Remains Of Federalism After Wilbur V. Mullaney, Maine Law Review

Maine Law Review

Stillman E. Wilbur, Jr., was found guilty of murder by a jury in a Maine Superior Court and appealed, contending that the trial judge's instructions violated due process. In essence, the trial court instructed the jury that if it were satisfied beyond a reasonable doubt that Wilbur had committed a voluntary and intentional killing, malice aforethought was presumed, and therefore, the defendant would be guilty of murder unless he established by a preponderance of the evidence that he had killed in the heat of passion upon sudden provocation, in which case the jury could find him guilty of manslaughter. The …

Building Layered Defenses To Reduce Illegal Gun Violence, Samuel Kan

Arkansas Law Review

The government and stakeholders in society must act within their span of control to eradicate excessive and illegal gun violence. It is not surprising that a majority of Americans “say gun violence is a very big problem in the country[,] . . . they expect the level of gun violence to increase[, and] . . . it is too easy to legally obtain a gun” in the United States. This Article tackles this politically charged issue and recommends specific strategies for the government and stakeholders in society to reduce unlawful firearm violence and its harmful effects. At the heart of …

Judicial Interpretations Of Emancipation: Comparative Analysis Of Antebellum Court Decisions In The Slaveholding States, Evan Matthew Gelobter, J.D.

Lincoln Memorial University Law Review Archive

This article examines judicial interpretations of emancipation laws in the antebellum South, focusing on Alabama, Mississippi, Georgia, South Carolina, and North Carolina. It investigates how courts enforced and occasionally challenged legislative restrictions on manumission, revealing the judiciary’s dual role in both preserving and, in rare cases, moderating the institution of slavery. Through a comparative analysis of landmark cases, the study highlights the tension between statutory mandates and judicial discretion, illustrating how legal frameworks reinforced racial hierarchies while occasionally permitting emancipation under narrowly defined circumstances, such as relocation to free states or foreign territories. The article demonstrates that courts consistently prioritized …

Washington State Bar Licensure Task Force Subcommittee On Ethics/Character Fitness Report And Recommendations, Brent Williams-Ruth

Seattle University Law Review Online

The Washington State Bar Licensure Task Force’s Subcommittee on Ethics/Character and Fitness (the Subcommittee) was created at the behest of Brent Williams-Ruth, the representative selected by the President of the Washington State Bar Association (WSBA or the Bar) to represent the Board of Governors on the Bar Licensure Task Force. His interest in modifying the Character and Fitness process took root after meeting Tarra Simmons during her experience with the Character and Fitness Board. After the WSBA Character and Fitness Board recommended that Simmons’s application to sit for the bar exam be denied, the Washington Supreme Court reversed that recommendation …

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Your Data, Modern Times, And The Fourth Amendment: What Would Jefferson And Orwell Do?, Sterling, Ken

Santa Clara High Technology Law Journal

The ongoing challenge of balancing individual data privacy with the government's need for user data through national security efforts has long plagued courts and policymakers. This tension intensifies as technology advances, permeating daily life, and global uncertainty fuels government demand for additional data. This study explores this tension by examining the Fourth Amendment's protection against unreasonable searches and seizures in the context of user data obtained by the government through third-party providers. I argue that the Fourth Amendment provides a sufficient framework to balance these competing interests. While acknowledging the government's responsibility for national security, we contend that this does …

Transforming Criminal Justice Leadership With A Servant-Oriented Trauma-Informed Approach, Janina Cich

Forensic Scholars Today

This paper explores the transformative potential of a criminal justice leadership model by integrating principles of servant leadership, emotional intelligence, and trauma-informed care, focusing on rebuilding community trust, improving officer well-being, and fostering equitable, empathetic public service. This transformative module emphasizes humility, accountability, and emotional awareness to address the deep-rooted effects of trauma on both criminal justice personnel and the communities they serve. Through proactive strategies, such as open communication, cultural competence training, and mental health support, future leaders can cultivate resilient, community-focused agencies prioritizing healing, justice, and human dignity.

Tax Exempt Research Guide, University Of Washington School Of Law

Rule of Law Initiative

For over a hundred years, organizations have harnessed and relied on tax exempt status to serve the public. Tax exemption is a powerful tool for social, environmental, and community well-being. This Legal Research Guide on Tax Exemption serves as a navigational compass for the public seeking to learn about tax exemption.

Deadly Choices: Political, Legal, And Moral Understandings Of U.S. Supreme Court Death Penalty Decisions, Anabelle S. Bergstrom

University Scholar Projects

This thesis explores the political, legal, and moral factors that influence Supreme Court justices when penning capital punishment decisions. It also examines the evolution of thinking toward the death penalty by former justices John Paul Stevens and Harry Blackmun throughout their tenure on the Court. Cases are analyzed through fact-pattern analysis and the jurisprudential regime theory, which quantitatively build upon existing literature detailing the theoretical background of judicial decision-making through the attitudinal model. An analysis of Justices Blackmun and Stevens’ papers at the Library of Congress focuses on rhetoric that reflects utilitarian and retributive theories of punishment. Findings show that …

But For A Free Press: A Response To Press Freedom Skeptics, Patrick J. Charles, Kevin Francis O'Neill

William & Mary Bill of Rights Journal

This Article is divided into three Parts. Part I will outline the history-in-law case for why the historical record sufficiently supports recognizing distinct constitutional press freedoms. Part II then provides a history-in-law response to some of the most common arguments made by press freedom skeptics as to why distinct constitutional press freedoms should not be recognized by the courts. Lastly, Part III makes the case for why the recognition of distinct constitutional press freedoms should become a jurisprudential reality and provides a roadmap to accomplish this.

This abstract has been taken from the authors' introduction.

Second Amendment Principles, Jamie G. Mcwilliam

William & Mary Bill of Rights Journal

In United States v. Rahimi, the Supreme Court explained that firearm regulations “must comport with the principles underlying the Second Amendment.” This Article examines what those principles are, how to derive them, and how to apply them in concrete cases. It begins with the Second Amendment’s core principle of defense of self and community, which traces its lineage back to classical thinkers like Aquinas and Grotius. The tradition of firearm regulation that surrounded the adoption of the Second Amendment depended on this fundamental principle. But it also developed subsidiary principles that implement the defense principle in specific ways. This …

California’S Ban On Cruel Or Unusual Punishment: A State Constitutional Analysis Of Anti-Camping Ordinances, Anna R. Janson

Connecticut Law Review

In Martin v. City of Boise, the United States Court of Appeals for the Ninth Circuit relied on the Cruel and Unusual Punishment Clause of the Eighth Amendment to rule that a class of involuntarily unhoused individuals may not be criminally punished for sleeping on public property in the absence of “sufficient alternatives” for all unhoused people. In Johnson v. City of Grants Pass, the Ninth Circuit elaborated that civil schemes which lead to criminal punishment are unconstitutional as well. However, the United States Supreme Court granted certiorari in the latter case and disrupted both Ninth Circuit decisions. The Court …

Building Layered Defenses To Reduce Illegal Gun Violence, Samuel Kan

Faculty Scholarship

This article examines a multifaceted approach to reducing illegal gun violence in the United States through the implementation of layered defense strategies. While acknowledging the constitutional protections afforded by the Second Amendment, the author argues that targeted legislative and community-based interventions can effectively reduce gun violence without infringing on lawful gun ownership rights. The analysis explores several key defensive measures, including extreme risk laws (risk protection orders), which allow for temporary firearm removal from individuals posing credible threats to themselves or others—a practice recently upheld by the Supreme Court in United States v. Rahimi. The article further examines the constitutional …

Does The Private Prison Industry Perpetrate More Staff Sexual Misconduct Than In Federal Prisons?, Abigail Lutrick

Political Science Undergraduate Honors Theses

This paper compares the reported statistics of staff-on-inmate sexual misconduct allegations in privately and federally operated correctional facilities. The federal Bureau of Prisons (BOP) was first created with the goal of protecting public safety and promoting rehabilitation for criminal offenders humanely. As decades have passed, and the support for the validity of this mission has wavered, the federal government has implemented oversight and remedial programs to report on the misconduct that is evident in prison management in an attempt to curb these incidents. Previous research in this field highlights the waning reliability of institutional indicators to the success of correctional …

The Different Rhetoric Between Upholding And Overriding Disability Rights Inside The United States Supreme Court, Shane Egan

Political Science Undergraduate Honors Theses

This paper seeks to explain the rhetoric the U.S. Supreme Court uses when deciding disability cases, specifically when the Court upholds or overrides disability rights. The paper attempts to show how when the Court upholds disabled rights they use passive and weak rhetoric, and utilizes active and enforcing rhetoric when overriding disability rights. This paper analyzes this rhetoric inside education, healthcare, and employment cases heard by the Supreme Court.

Does The Major Questions Doctrine Apply To The Federal Courts?, Michael Coenen, Seth Davis

Fordham Law Review

The new “major questions doctrine” (MQD) requires courts to apply a “distinct” approach to statutory interpretation when reviewing challenges to an agency action of “vast economic and political significance.” Under that approach, courts must assume that such an action exceeds the scope of that agency’s statutory authority unless there exists “clear congressional authorization” for it. In this Article, we examine whether this new rule for administrative agencies (or what we call the “agency MQD”) implies the existence of a similarly strong constraint on the federal courts’ power to interpret and apply statutes for themselves (or what we call the “judicial …

Recognizing Injustice, Reclaiming Voices: Establishing A Missing Persons Database For Missing And Murdered Indigenous Women And Children In Nebraska, Bayly W. Watson

Department of Anthropology: Theses and Student Research

Indigenous people have been the victims of harsh persecution since the time of colonization; this has negatively impacted Native communities and has contributed significantly to the ongoing crisis of Missing and Murdered Indigenous Women and Children (MMIWC) across the United States and Canada. Under Legislative Bill 154, Richards et al. (2021) conducted an initial study to identify missing Native cases in Nebraska and in 2023, the Attorney General appointed a Missing and Murdered Indigenous People (MMIP) Liaison to help combat the number of missing Indigenous in the state. This thesis contributes to previous research by analyzing 20,049 reports from three …

Panic! At The Ballroom: The 1804 New Orleans Ballroom Weapons Ban In A Post-Bruen Context, Kellen Heniford, Kari Still

Buffalo Law Review

No abstract provided.

The Digital War: How Ai And Blockchain Serve As Catalysts In The Fight Against Human Trafficking, Sanam Sohrabian

North Carolina Journal of Law & Technology

No abstract provided.