Digital Commons Network^™

Bob Jones University And The Rule Of Law, University Of Washington School Of Law

Rule of Law Initiative

The Rule of Law is what keeps tax exemption from being a political weapon.

Bob Jones University shows the Rule of law in action: clear public policy, cross-branch consensus, balanced against constitutional rights, and enforced through transparent procedures and court review.

The case is influential because it lays the foundations for analyzing The Public Policy Doctrine, a key element when courts review tax exempt revocation cases.

The revocation of tax-exempt status is law-driven, not headline-driven; the Bob Jones University v. United States case set an important precedent by creating a narrow and cautious framework that the IRS must follow to …

A Brief History Of Tax Exemption, University Of Washington School Of Law

Rule of Law Initiative

Below is a condensed history of tax exemption. It contains an analysis of tax exemption before statutory codification in 1894. It explains how the law evolved to provide predictability and fairness in the application of an organization’s tax-exempt status.

How Does A Court Determine The Tax-Exempt Purposes Of An Organization?, University Of Washington School Of Law

Rule of Law Initiative

To determine the tax-exempt purposes of an organization, courts and tax authorities primarily examine whether the organization is both "organized" and "operated" exclusively for exempt purposes, as required under 26 U.S.C § 501.

This involves a two-part test: the "organizational test" and the "operational test." The organizational test assesses whether the organization's foundational documents, such as its charter or articles of incorporation, limit its purposes to one or more exempt purposes and do not authorize substantial non-exempt activities.

Testimony Before The Puerto Rico Advisory Committee To The United States Commission On Civil Rights On The Role That Race And Ethnicity Play In The Treatment Of The People Of Puerto Rico By The Federal Government, Yomaira Figueroa, Carlos Vargas-Ramos

CUNY Centro, The Center for Puerto Rican Studies

The Insular Cases, whether the narrow or more expansive canon, have structured the political relationship between Puerto Rico and the United States for more than a century. The genesis of this “third-way” of understanding and structuring the territorial relationship with the United States rested on the very ethnocentric and indeed racist ideology pervasive at the time in U.S. ruling circles, whereby there was a hierarchy of dominance and control that placed White Anglo Saxon Protestant men at the top and subordinated all other ethnic and racial groups in a gradation of subservience and exclusion.

Bostock And The Limits Of Textualism: A Doctrinal Structuralist Approach, Martin J. Katz

Sturm College of Law: Faculty Scholarship

In Bostock v. Clayton County, the Court held that Title VII prohibits discrimination based on sexual orientation or gender identity. This result, the majority claimed, was required by the interpretive theory called textualism. But textualist justices in the dissent vehemently disagreed. This split, and the controversy that has followed it, has had two consequences. First, it added fuel to the ongoing debate about the value of textualism. Second, it opened the door for lower courts to decline to apply Bostock to similar antidiscrimination laws, such as Title IX in education or the Equal Protection Clause (such as the Skrmetti case, …

Defenses Not Cleansed By The Endorsement Of A Check In Light Of Legal Provisions And Judicial Rulings: A Comparative Study, Abdelsalam A. Bani Hamad, Marwa Al-Shraida

An-Najah University Journal for Research - B (Humanities)

The study deals with the rule of defenses that are not "cleansed" by endorsement in a check and the scope of its application in law and jurisprudence. According to the rule, the rule of purifying defenses stems from the principle of independence of signatures, such that each signature on a check is independent of the other, meaning that the obligation signed by virtue of this signature has no relation to the other signatures on the check. For example, if the drawer’s obligation is invalid for any reason, this invalidity does not extend to the holder who did not intend to …

From Great Migration To Gentrification: Heirs Property In The Urban Context, Codi Royall

Northern Illinois University Law Review

The current legal framework, including common law doctrine, individual state statutes, and the Uniform Partition of Heirs Property Act (UPHPA), fails to meet the needs of heirs property owners in urban communities. This oversight allows real estate speculators to exploit the law, accelerating gentrification, urban blight, displacement of heirs, and the erosion of generational wealth. While Thomas Mitchell’s scholarship has illuminated the challenges of heirs property, its focus on rural contexts neglects the distinct issues faced by urban heirs.

This Note addresses this gap by examining heirs property through an urban lens, emphasizing the unique historical and legal contexts of …

Exploring Contributions Of Partnerships Between Employers And Disability Organizations On Recruitment, Hiring, Training, Retention, And Accommodation Of Individuals With Disabilities In Mississippi, Peter Oluwadare Kalejaiye

Dissertations

The Americans with Disabilities Act (ADA) of 1990 provides equal employment opportunities for individuals with disabilities (IWDs) by prohibiting discrimination in employment. However, one out of four IWDs face discrimination in employment in the United States (U.S. Bureau of Labor Statistics, 2023). Additionally, despite establishing the Office of Disability Employment Policy and enacting the Workforce Innovation and Opportunity Act to help integrate IWDs into the workforce, IWDs face barriers to equal and equitable employment (NASEM, 2017). Previous studies recommend partnerships between employers and disability organizations (DOs) to provide employment opportunities and benefits for IWDs through recruitment, hiring, training, retention, and …

Backlash And The Ada: Conflicting Constructions Of Disability In U.S. Policy, Bess Connolly

Political Science Honors Projects

The Americans with Disabilities Act (ADA) has faced significant judicial and regulatory backlash, even after the passage of the ADA Amendments Act (ADAAA). Examining the legislative histories and trends in ADA litigation, I argue that this backlash arises from conflicts between the medical and social models of disability embedded in both laws. Compromises made during both legislative processes resulted in a law that accommodates multiple conceptions of disability, allowing courts to reshape the law according to their own views. Ultimately, the ADA remains a site of contestation as its internal contradictions have gone unresolved.

The Law Of The Biggest Pump: Legal Consciousness And The Texas Groundwater Dilemma, Riley Hodin

Political Science Honors Projects

Texas’s localized system of groundwater regulation is complicated by its strong tradition of property rights. This paper examines the legal consciousness of the everyday people subjected to that system. It relies on interviews with local water authorities, as well as an analysis of public comments made by stakeholders. When conflicts emerge, stakeholders tend to attribute negative outcomes to a failure to properly follow legal procedure, or to the improper intrusion of some non-legal entity. Authorities, however, blame the law itself. Both groups feel the law’s presence but struggle to locate its specific source or meaning.

Eviction Sealing: A Lifeline In The Fight For Housing Justice, Allison Freedman

Faculty Scholarship

In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future housing opportunities without the chance to defend themselves. Shortly thereafter, the Federal Trade Commission and the Consumer Financial Protection Bureau issued a request for public comment on how the use of eviction records and screening algorithms may affect tenant housing opportunities and drive discriminatory outcomes. The eviction crisis, its discriminatory effects, and the idea that sealing eviction records may provide a solution to …

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 …

A Primer On The Proximate Cause Requirement Of Plcaa’S Predicate Firearm Exception: Holding Firearm Manufacturers Liable For Third-Party Criminal Misuse Of Their Products, Hillel Y. Levin, Timothy D. Lytton

Buffalo Law Review

No abstract provided.

History And Constitutional Interpretation: What’S Really “There”?, Thomas C. Galligan Jr.

The University of New Hampshire Law Review

In recent years, under the moniker originalism, the United States Supreme Court has relied heavily upon history to delineate the scope and contour of various constitutional rights.[1] The Court’s justification for that approach is that defining the meaning of the Constitution according to its original or historical meaning limits a judge from engaging in unbridled discretion when deciding a case. The Court’s focus on history continued in its 2023 term. Justice Breyer has called the history-heavy analytical approach a “rigid history-only approach.”

For a number of reasons, the history-only approach is flawed and does not, in fact, limit judicial …

Masthead, Unh Law Review Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Can Consumers Protect Themselves Against Privacy Dark Patterns?, Matthew B. Kugler, Lior J. Strahilevitz, Marshini Chetty, Chirag Mahapatra, Yaretzi Ulloa

The University of New Hampshire Law Review

Dark patterns have emerged in the last few years as a major target of legislators and regulators. Dark patterns are online interfaces that manipulate, confuse, or trick consumers into purchasing goods or services that they do not want, or into surrendering personal information that they would prefer to keep private. As new laws and regulations to restrict dark patterns have emerged, skeptics have countered that motivated consumers can and will protect themselves against these manipulative interfaces, making government intervention unnecessary. This debate occurs alongside active legislative and regulatory discussion about whether to prohibit dark patterns in newly enacted comprehensive consumer …

Layered Alignment, Spencer Williams

The University of New Hampshire Law Review

Most artificial intelligence (ai) researchers now believe that ai represents an existential threat to humanity. The most dangerous threat posed by ai is an issue known as the alignment problem: the risk that a sufficiently intelligent and capable ai system could become misaligned with the goals and values of its human creators and instead pursue its own objectives to the detriment of humanity, including the possibility of extinction. The tension at the heart of the alignment problem is familiar to scholars of agency, contracts, and corporate law, though it goes by a different name: the principal-agent problem. In the traditional …

Table Of Contents, Unh Law Review Editorial Board

The University of New Hampshire Law Review

No abstract provided.

May The Micro Forces Be With You: Pharmaceutical Research And Patents In Space, Erin R. Gaddes

The University of New Hampshire Law Review

No abstract provided.

Generative Ai's Illusory Case For Fair Use, Jacqueline C. Charlesworth

Vanderbilt Journal of Entertainment & Technology Law

Pointing to Authors Guild, Inc. v. Google Inc., Authors Guild, Inc. v. HathiTrust, Sega Enterprises Ltd. v. Accolade, Inc. and other leading technology-driven fair use precedents, artificial intelligence (AI) companies and those who advocate for their interests claim that mass unauthorized reproduction of books, music, photographs, visual art, news articles, and other copyrighted works to train generative AI systems is a fair use of those works. Though acknowledging that works are copied without permission for the training process, the proponents of fair use maintain that an AI machine learns only uncopyrightable information about the works during that process. Once trained, …

The First Amendment And The Commencement Provocateur, Duncan Hosie

William & Mary Bill of Rights Journal

This Article explores an untheorized area of First Amendment doctrine: students’ graduation speeches at public or private universities that embrace free speech principles, either by state statute, state constitutional law, or internal policy. Responding to recent graduation speech controversies, it develops a two-tier theory that reconciles a multiplicity of values, including students’ expressive interests, universities’ institutional interests in curating commencement ceremonies and preventing reputational damage and political reprisals, and the interests of captive audiences in avoiding speech they deem offensive or profane. The Article challenges the prevailing view that university students’ graduation speeches implicate individual First Amendment rights. It develops …

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 …

Understanding Dobbs V. Jackson Women's Health Organization: How The Modern Supreme Court Broke From Tradition And Changed The Original Meaning Of Due Process, Matthew W. Lunder

William & Mary Bill of Rights Journal

What follows here describes and criticizes the modern liberal and conservative approaches to substantive due process. Part I shows how substantive due process came about in the mid-twentieth century as the union of two extant doctrines: incorporation and fundamental rights. Part II then describes how modern conservatism used the doctrine to arrive at the deeply rooted-in-history-and-tradition test and shows the deliberate reconfiguration of the jurisprudence during the latter twentieth century into the novel patchwork of the modern-conservative method applied in Dobbs. Part III offers a contrast, describing and explaining the traditional due-process analysis of medieval origin and the concept of …

The Bare-Majority Requirement Of The Delaware Judiciary And Its Unfortunate Violation Of The First Amendment, Tyler Mayhew

William & Mary Bill of Rights Journal

This Note will attempt to remedy the circuit split on the issue of whether judges are policymakers for purposes of the First Amendment, and if they are not—as this Note concludes—whether the Delaware Constitution is in violation of the First Amendment through its major-party and bare-majority requirement.

First, this Note will analyze the development of the only challenge to article IV, section 3 of the Delaware Constitution as it proceeded from the U.S. District Court for the District of Delaware to the U.S. Supreme Court where it was thrown out on standing. Second, this Note will argue that judges are …

Hunting For Meaningful Boundaries: Virginia's Dog Retrieval Statute And Defining Per Se Regulatory Takings Under Cedar Point, Mason Miller

William & Mary Bill of Rights Journal

This Note will begin with a summary of the [Cedar Point Nursery v. Hassid] decision. Next, it will provide an overview of Virginia’s dog retrieval statute and discuss a recent case challenging the same. The Note will then analyze the statute by applying the Cedar Point standard, with special attention given to the exceptions, to determine if the law constitutes a per se taking. Finally, the Note will conclude by exploring some implications of the analysis, again emphasizing the effect of the amorphous exceptions.

This abstract has been taken from the author's introduction.

A Fate Worse Than Death: The Perpetuation Of Ableism Through California's "End Of Life Option Act", Skyler Powell

William & Mary Bill of Rights Journal

This Note discusses why physician-assisted suicide is inconsistent with California’s laws and how it should be remedied. First, Part I examines the history of physician-assisted suicide in the United States; the federal and Californian stances on the issue; how the EOLOA [End of Life Option Act] works today; and California’s stance on suicide prevention. Next, Part II looks at how California’s Equal Protection Clause and Civil Rights laws apply to individuals eligible for aid-in-dying medication, then analyzes a recent lawsuit brought against the state of California by disability advocacy groups regarding the EOLOA. Part III considers California and supporters’ interests …

Foreward, Edward Rubin

Vanderbilt Social Justice Reporter

No abstract provided.

Big Banks: Go Small!, Rashmi Dyal-Chand

Connecticut Law Review

Despite the promise of the Fair Housing Act and other civil rights laws, racial gaps in wealth, homeownership, and mortgage lending persist today. Our nation’s biggest banks deny mortgage loan applications to Black and Brown consumers at a rate higher than the rest of the industry, often claiming that lending to historically marginalized consumers is too risky. Instead, these lending institutions focus on providing highly profitable financial services to wealthy consumers.

Banking institutions, especially our nation’s biggest banks, have both a moral and economic obligation to serve all members of the public who need and desire financial services. It is …

The (Quorum) Call Is Coming From Inside The House: Incongruity Between The Current Interpretation Of The Quorum Clause And The Supreme Court’S First Congress Canon, Sam Mahler

Connecticut Law Review

Since the start of the twenty-first century, Congress members have faced more threats to their safety than at any other point in American history. Up to this point, none of the attacks have been successful in killing a majority of the members. However, such a prospect comes with the possibility of a reality where all Congressional action is stalled until replacement elections are held and new members are seated. In order to address this fear, Congress has changed its interpretation of the Quorum Clause to define the majority needed to conduct business as the majority of the members who are …