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Articles 1141 - 1170 of 431964
Full-Text Articles in Entire DC Network
Blurred Lines: Did Booker Change Federal Sentencing Outcomes?, Hugh M. Mundy
Blurred Lines: Did Booker Change Federal Sentencing Outcomes?, Hugh M. Mundy
Pace Law Review
This article considers whether United States v. Booker, the 2005 Supreme Court decision that replaced the then-mandatory federal sentencing guidelines system with an advisory scheme, had any enduring impact on sentencing outcomes. Commemorating Booker’s recent twentieth anniversary requires a balancing act: at once, recognizing the decision’s watershed impact while avoiding claims of lasting change where little exists. The criminal defense community hailed the ruling as a kind of liberation from the guidelines’ dispassionate rigidity. Today, while most lawyers and defendants would still prefer the current system, a legitimate question exists about Booker’s actual effect on federal sentencing. I propose that …
The Constitutionality Of The Special Trial Counsel Under The Apogee Of Judicial Deference, Josef Danczuk
The Constitutionality Of The Special Trial Counsel Under The Apogee Of Judicial Deference, Josef Danczuk
Pace Law Review
Congress has undertaken some of its broadest reforms of military courts-martial in decades. The creation of the Special Trial Counsels (STCs) intentionally removes nearly all courts-martial powers from military commanders for “covered offenses,” some of the most serious prosecutions. Many commentators have expressed concern that this change untethers the courts-martial system from its historical anchor of discipline within the military—an anchor that the Supreme Court has used to grant exceptional deference to Congress for its legislation pursuant to the Make Rules Clause. However, the constitutionality of the STCs and the deference federal courts grant Congress in this realm should not …
The War For American Independence Was Biblical And Just*, Mark David Hall
The War For American Independence Was Biblical And Just*, Mark David Hall
Journal of Law and Government
In his essay, Mark David Hall presents an overview of Christian scholarship on the question of whether the War for American Independence is biblical and just. He then considers Romans 13 and shows that Protestants, especially Calvinists, came to interpret these verses to permit active resistance to tyrannical rulers. Finally, he discusses the conflict in light of the just war tradition and contends that the patriots had excellent reasons to believe their active resistance was biblical and just.
Was The American Revolution Biblical And/Or Just?, Gregg L. Frazer
Was The American Revolution Biblical And/Or Just?, Gregg L. Frazer
Journal of Law and Government
The questions of whether the American Revolution was biblical and whether it was just may be necessarily intertwined. If it was biblical, then it was just. If it was unbiblical, it was necessarily unjust. If it was merely non-biblical, that is, if the Bible does not speak to the question, then it could be either just or unjust by some human standard. For the purposes of this paper, the question of whether it was just by a merely human standard will be addressed independently of, and in addition to, the infinitely more important question of whether it is biblical. We …
Bridging Covenant And Efficiency: A Mixed-Methods Exploration Of Faith-Based Environmental Nonprofits Under New Public Management Reform, Jacob Berry
Journal of Law and Government
This paper explores covenantal environmental administration as a significant framework for contemporary public governance within faith-based environmental nonprofits (FENs). As New Public Management (NPM) reforms increasingly shape nonprofit administration through efficiency and performance metrics, covenantal governance emerges as an alternative rooted in mutual obligation, ethical leadership, and spiritual stewardship, concepts deeply embedded in Judeo-Christian traditions exemplified by loving fulfillment. Contrary to perceptions of incompatibility between ethical-spiritual values and data-driven accountability, this study argues that integrating covenantalism with New Public Management practices can enhance organizational performance, stakeholder trust, and ecological outcomes. Employing theoretical analysis and empirical tools (notably the Covenantal Empowerment …
Introducing The Covenantal-Noncentralization Index (Cni) For Assessing Localism, Social Capital, Community Challenges And Community Health, Kahlib Fischer, Edwin Christmann, Melissa Stewart, Todd Robatin, Zachary Federico, John Kebles, Lucy Lambert, Alex Mishra
Introducing The Covenantal-Noncentralization Index (Cni) For Assessing Localism, Social Capital, Community Challenges And Community Health, Kahlib Fischer, Edwin Christmann, Melissa Stewart, Todd Robatin, Zachary Federico, John Kebles, Lucy Lambert, Alex Mishra
Journal of Law and Government
Numerous indices measuring social capital and community challenges at the local level exist, but none attempt to offer a measure of community health as an independent variable in comparison to community challenges as a dependent variable. Therefore, we propose the Covenantal-Noncentralization Index (CNI) in an effort to provide a more nuanced understanding of social capital at the local level as well as to differentiate between an independent variable index consisting of family stability, religious adherence, non-profit activity, and charitable giving and dependent variables representing various community challenges: violent crime, childhood poverty, STD rate, high school diploma completion, GDP, and unemployment. …
Defending The West By Reclaiming The Past, Steven Alan Samson
Defending The West By Reclaiming The Past, Steven Alan Samson
Journal of Law and Government
The Western world was originally shaped by the fine arts and philosophy of Greece, the architecture and law of Rome, and the faith, morality, and prophetic traditions of Judaism and Christianity. As the West loses the religious bond that generated its culture, careful attention should be given to reclaiming and rebuilding this moral and spiritual infrastructure.
Letter From The Editor, Kahlib Fischer
Letter From The Editor, Kahlib Fischer
Journal of Law and Government
No abstract provided.
Letter From The Dean, Jason Bohm
The Dangers Of Unregulated Artificial Intelligence: Should The United States Adopt International Ai Regulations?, Katrina P. Perea
The Dangers Of Unregulated Artificial Intelligence: Should The United States Adopt International Ai Regulations?, Katrina P. Perea
Widener Commonwealth Law Review
No abstract provided.
Generating Solutions To Generative Ai, Joseph M. Marrero
Generating Solutions To Generative Ai, Joseph M. Marrero
Widener Commonwealth Law Review
No abstract provided.
The Uncertain Future Of Agency Deference In Pennsylvania, Brent J. Finkbeiner
The Uncertain Future Of Agency Deference In Pennsylvania, Brent J. Finkbeiner
Widener Commonwealth Law Review
No abstract provided.
Covid-19 Student Litigation & The Risk To Higher Education, Kiera R. Flannery
Covid-19 Student Litigation & The Risk To Higher Education, Kiera R. Flannery
Widener Commonwealth Law Review
No abstract provided.
Canadian Hockey League Players Score New Opportunities For Nhl Advancement By Breaking Into Ncaa Division I College Hockey: How Major Junior Hockey Players Could Officially End The Ncaa's Amateurism Model, Christian M. Kline
Widener Commonwealth Law Review
No abstract provided.
The Impact Of Artificial Intelligence On Strengthening Democracy, Lect. Dr. Majid Hamed Faraj, Lect. Dr. Mahmood Noori Matlab
The Impact Of Artificial Intelligence On Strengthening Democracy, Lect. Dr. Majid Hamed Faraj, Lect. Dr. Mahmood Noori Matlab
Imam Ja'afar Al-Sadiq University Journal of Legal Studies
The research aims to examine the impact of artificial intelligence on promoting democracy and the associated challenges. Using an analytical approach, the findings suggest that AI can improve the accuracy and objectivity of information, contribute to strengthening the rule of law and public opinion analysis, and play a role in the legitimacy of elections by ensuring their integrity. However, the findings indicate that overreliance on technology may weaken direct interaction between government and citizens and negatively impact individual rights. There are also risks related to the collection of voters’ personal data and the unethical exploitation of AI. The study suggests …
Paying For Care Behind Bars: Why The Federal Bureau Of Prisons Should Eliminate Copayments, Fern Holt
Paying For Care Behind Bars: Why The Federal Bureau Of Prisons Should Eliminate Copayments, Fern Holt
Seton Hall Law Review
No abstract provided.
The Degradation Of Prices: Platform Power, The Erosion Of Price Comparison, And Rebuilding Comparison Shopping In The Digital Economy, Stephanie T. Nguyen, Shaoul Sussman
The Degradation Of Prices: Platform Power, The Erosion Of Price Comparison, And Rebuilding Comparison Shopping In The Digital Economy, Stephanie T. Nguyen, Shaoul Sussman
Seton Hall Law Review
No abstract provided.
Board Of Officers - Vol. 56, No. 5 2026
Are The Big Ten And Sec Monopoly Pros? Publicity Rights Organizations And New Nil Antitrust Questions, Michael H. Leroy
Are The Big Ten And Sec Monopoly Pros? Publicity Rights Organizations And New Nil Antitrust Questions, Michael H. Leroy
Seton Hall Law Review
No abstract provided.
Remedies In Merger Enforcement, Debbie Feinstein, Zoe Staum, Alex Weaver, Arnold & Porter .
Remedies In Merger Enforcement, Debbie Feinstein, Zoe Staum, Alex Weaver, Arnold & Porter .
Seton Hall Law Review
No abstract provided.
Advocacy Matters, Richard Collins
Advocacy Matters, Richard Collins
American Indian Law Journal
The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …
Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan
Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan
American Indian Law Journal
The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …
Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer
Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer
American Indian Law Journal
This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …
The Federal Trust Responsibility And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations , Sofia Sallas
American Indian Law Journal
Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …
Settlements And Causation, Michael A. Carrier
Settlements And Causation, Michael A. Carrier
Seton Hall Law Review
No abstract provided.
Savoring Food Safety: California Stirs The Pot For Safer Food Additive Standards While The Fda's Recipe Loses Its Flavor, Paige Rufolo
Savoring Food Safety: California Stirs The Pot For Safer Food Additive Standards While The Fda's Recipe Loses Its Flavor, Paige Rufolo
Seton Hall Law Review
No abstract provided.
Bright Future For Campaign Finance Reform? Reexamining Independent Expenditures After Loper Bright, Nicholas E. Webb
Bright Future For Campaign Finance Reform? Reexamining Independent Expenditures After Loper Bright, Nicholas E. Webb
Seton Hall Law Review
No abstract provided.