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Who Let The Ghouls Out? The History And Tradition Test’S Embrace Of Neutrality And Pluralism In Establishment Cases, Jake S. Neill Feb 2024

Who Let The Ghouls Out? The History And Tradition Test’S Embrace Of Neutrality And Pluralism In Establishment Cases, Jake S. Neill

Pepperdine Law Review

In June of 2022, the Supreme Court decided in Kennedy v. Bremerton School District that an Establishment Clause inquiry “focused on original meaning and history” would replace Lemon’s endorsement test. But after announcing the test, the Court neglected to describe or apply it. This Comment attempts to fill that void. After analyzing the Court’s Establishment Clause jurisprudence, this Comment proposes tenets of the history and tradition test and applies those tenets to Allegheny County v. ACLU, a case decided under Lemon. Finally, this Comment concludes by arguing that the history and tradition inquiry supports pluralism, humility, tolerance, and a healthy …


Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell Feb 2024

Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Full Faith And Credit In The Post-Roe Era, Celia P. Janes Feb 2024

Full Faith And Credit In The Post-Roe Era, Celia P. Janes

Duke Journal of Constitutional Law & Public Policy Sidebar

In 2022, the Supreme Court overturned Roe v. Wade, once again leaving the question of whether abortion should be legal to individual state legislatures. This decision allowed the Texas law known as S.B. 8, alternatively known as the Texas Heartbeat Act, to go into effect. The law allows private individuals to sue anyone who has performed or has aided and abetted the performance or inducement of an abortion in Texas. California responded to this law with Assembly Bill 2091, which prevents California state courts from issuing subpoenas arising under S.B. 8 and similar laws in other states. This Note addresses …


Pill Mills To Fentanyl: Tackling The Opioid Epidemic, Unf Office Of Public Policy Events, Rico Bodin, Lindsey Vuolo, Susan Pitman, Katherine Hooper, J. Mitchell Miller Feb 2024

Pill Mills To Fentanyl: Tackling The Opioid Epidemic, Unf Office Of Public Policy Events, Rico Bodin, Lindsey Vuolo, Susan Pitman, Katherine Hooper, J. Mitchell Miller

University Events and History Multimedia

The public was invited to attend the University of North Florida’s latest Diverse Perspectives Series event, “Pill Mills to Fentanyl: Tackling the Opioid Epidemic.”

Hosted by UNF’s Office of Public Policy Events, the free discussion was held from 5 to 6:30 p.m. on Feb. 22, 2024, in the Robinson Theatre.

Drug overdoses killed a record 112,000 Americans last year, with most of the deaths coming from synthetics opioids like fentanyl.

The following experts will weigh in on what the healthcare industry, nonprofit sector and criminal justice system can do to tackle the opioid epidemic:

  • Rico Bodin (moderator), director of recovery …


Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun Feb 2024

Neglected Discovery, Jenia I. Turner, Ronald F. Wright, Michael Braun

Duke Law Journal

In recent decades, many states have expanded discovery in criminal cases. These reforms were designed to make the criminal process fairer and more efficient. The success of these changes, however, depends on whether defense attorneys actually use the new discovery opportunities to represent their clients more effectively. Records from digital evidence platforms reveal that defense attorneys sometimes fail to carry out their professional duty to review discovery.

Analyzing a novel dataset we obtained from digital evidence platforms used in Texas, we found that defense attorneys never accessed any available electronic discovery in a substantial number of felony cases between 2018 …


How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick Feb 2024

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.


Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo Feb 2024

Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo

Chicago-Kent Law Review

No abstract provided.


Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans Feb 2024

Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans

Chicago-Kent Law Review

No abstract provided.


The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly Feb 2024

The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly

Chicago-Kent Law Review

No abstract provided.


Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso Feb 2024

Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso

Chicago-Kent Law Review

No abstract provided.


Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait Feb 2024

Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait

Chicago-Kent Law Review

No abstract provided.


Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder Feb 2024

Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.


Ai Accountability & Social-Technical Solutions For The Regulation Of Internet Free Speech, Michael Martin Losavio Feb 2024

Ai Accountability & Social-Technical Solutions For The Regulation Of Internet Free Speech, Michael Martin Losavio

University of the Pacific Law Review

No abstract provided.


Warning: Civil Rights In California May Vary By County Due To Unconsitutional Bail Schedules, Marcie Murtha Feb 2024

Warning: Civil Rights In California May Vary By County Due To Unconsitutional Bail Schedules, Marcie Murtha

University of the Pacific Law Review

No abstract provided.


Judicial Process, Free Speech, And Ordered Liberty, Luke M. Milligan, Robert E. Ranney Feb 2024

Judicial Process, Free Speech, And Ordered Liberty, Luke M. Milligan, Robert E. Ranney

University of the Pacific Law Review

No abstract provided.


Regulation Of Online Speech In The Uk, Mariette W. Jones Feb 2024

Regulation Of Online Speech In The Uk, Mariette W. Jones

University of the Pacific Law Review

No abstract provided.


Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn Feb 2024

Snitches Get Stitches: An Analysis Of The Eighth Circuit’S But-For Causation Requirement In False Claims Act Litigation “Resulting From” Anti-Kickback Violations, Travis R. Linn

Arkansas Law Review

Following the expansion of Social Security in the 1960s, Congress enacted the Anti-Kickback Statute or AKS in 1972 to ensure that items and services charged to Medicaid were only those necessary to the beneficiary’s health. Part II of this Note will analyze three pieces of legislation and Congress’s reasons for passing them: the FCA, the AKS, and a 2010 amendment to the AKS passed under the Affordable Care Act that connects the two. Part III will analyze the Third and Eighth Circuits’ conflicting interpretations of the 2010 amendment and why the Eighth Circuit’s commitment to textualism has disregarded Congress’s reasons …


Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen Feb 2024

Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee Feb 2024

The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee

Immigration and Human Rights Law Review

The human right to education and health are inherently interrelated, both key in ensuring the health and development of an equitable and just society.1 Yet, the series of bills currently threatening the inclusion of essential conversations about race, sexuality, and sexual orientation is an overt attempt to obscure the honest history of the United States and further supplant the current social hierarchy. The United States’ failure to acknowledge the essential role representational education plays in undermining the disparate outcomes that afflict vulnerable communities in the country deserves more attention than it has garnered. Here, the disparate health status of Black …


False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton Feb 2024

False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton

Immigration and Human Rights Law Review

No abstract provided.


287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers Feb 2024

287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers

Immigration and Human Rights Law Review

Section 287(g) of the Immigration and Nationality Act authorizes the United States Immigration and Customs Enforcement (ICE) to form agreements with local law enforcement departments; deputizing them for ICE’s objectives while they continue to serve their local municipalities. This program has resulted in racial profiling, the stripping of liberties, and wrongful detentions. In recent years, municipalities have signed 287(g) agreements at a staggering rate. The UN Committee on the Elimination of Racial Discrimination issued a report pleading for the US to end this practice, yet there seems to be no end in sight. In this essay, I hope to explain …


Cardozo Law News Brief: February 16, 2024, Benjamin N. Cardozo School Of Law Feb 2024

Cardozo Law News Brief: February 16, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

  • Rebecca Ingber
  • Edward Zelinsky

Campus News:

  • Milbank and Cardozo’s Perlmutter Center Announce Partnership to Advance Criminal Justice Reform
  • Professor Rebecca Ingber Appointed to Venice Commission
  • Dr. Richard Haass to Receive 23rd International Advocate for Peace Award

Events:

  • The 2024 Cardozo Colloquium on Global and Constitutional Theory
  • Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?


Administrators’ Perceptions Of School Resource Officers’ Preparedness To Work With Black Girls, Kashon N. Lopes Feb 2024

Administrators’ Perceptions Of School Resource Officers’ Preparedness To Work With Black Girls, Kashon N. Lopes

Seton Hall University Dissertations and Theses (ETDs)

School safety is a topic of concern across the nation today because images of mass shootings and violence in schools receive heavy media coverage. Different strategies have been enacted to keep people safe including metal detectors, video surveillance, strict discipline policies, and armed personnel. Some of these strategies such as zero tolerance policies and school resource officers have received scrutiny from activist groups such the American Civil Liberties Union because they are attributed with the trend known as the school-to-prison pipeline (ACLU, 2013). This trend poses that strict policies and the presence of law enforcement in schools pushes minority children …


Appellate Review Of Death Sentences In Alabama: Meaningful Or Meaningless?, Taylor J. Johnston Feb 2024

Appellate Review Of Death Sentences In Alabama: Meaningful Or Meaningless?, Taylor J. Johnston

Ohio Northern University Law Review

No abstract provided.


Path To Progress: The Smarter Sentencing Act's Potential To Redefine U.S. Sentencing Norms, Emily K. Abrams Feb 2024

Path To Progress: The Smarter Sentencing Act's Potential To Redefine U.S. Sentencing Norms, Emily K. Abrams

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Over the past fifty years, the United States has witnessed a staggering increase in its prison population. Between 1973 and 2009, the nation’s prison populations increased seven-fold, at one point growing at a rate of eight percent annually. According to 2023 estimates, roughly 1.9 million individuals were incarcerated in the United States. This stark reality has fueled national discourse on the issue of mass incarceration and contributing policies such as sentencing practices. One such sentencing practice that impacts mass incarceration is statutory mandatory minimums.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website …


Milbank And Cardozo’S Perlmutter Center Announce Partnership To Advance Criminal Justice Reform, Perlmutter Center For Legal Justice At Cardozo Law Feb 2024

Milbank And Cardozo’S Perlmutter Center Announce Partnership To Advance Criminal Justice Reform, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2024

Milbank pledges $1M to establish the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center for Legal Justice at Cardozo Law


The Military Justice Decrescendo, Dwight H. Sullivan Feb 2024

The Military Justice Decrescendo, Dwight H. Sullivan

Villanova Law Review (1956 - )

No abstract provided.


Nonjudicial Punishment, Franklin D. Rosenblatt Feb 2024

Nonjudicial Punishment, Franklin D. Rosenblatt

Villanova Law Review (1956 - )

No abstract provided.


2023 Martin Luther King,Jr. Keynote Lecture; Celebrating The Legacy Of Dr. Martin Luther King, Jr., Answering The Call To Public Service, Reginald Shuford Feb 2024

2023 Martin Luther King,Jr. Keynote Lecture; Celebrating The Legacy Of Dr. Martin Luther King, Jr., Answering The Call To Public Service, Reginald Shuford

Villanova Law Review (1956 - )

No abstract provided.


Military Justice And Modernity, Eugene R. Fidell, James A. Young Feb 2024

Military Justice And Modernity, Eugene R. Fidell, James A. Young

Villanova Law Review (1956 - )

No abstract provided.