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Articles 12991 - 13020 of 544712
Full-Text Articles in Entire DC Network
The Hidden Cost Of State Income Tax Repeal: A Case Study Of The West Virginia Neighborhood Investment Program Credit, Elaine Waterhouse Wilson
The Hidden Cost Of State Income Tax Repeal: A Case Study Of The West Virginia Neighborhood Investment Program Credit, Elaine Waterhouse Wilson
West Virginia Law Review
In March 2023, West Virginia significantly cut its personal income tax rates and paved a path toward the full repeal of the personal income tax. This repeal would directly impact West Virginia’s nonprofit sector and reduce charitable giving because it would render West Virginia’s Neighborhood Investment Program (“NIP”) tax credit ineffective. NIP tax credits have been the primary charitable tax incentive in the state’s income tax code and have been widely supported by nonprofits. This Article argues that if the NIP credit program incentivizes charitable giving, then state income tax repeal comes with a hidden cost—the cost of lost revenues …
Scientific Educations Among U.S. Judges, Christa Laser
Scientific Educations Among U.S. Judges, Christa Laser
Law Faculty Articles and Essays
Should more judges have technical and scientific educations than are currently prevalent in the federal judiciary? This empirical study of the educational background of federal judges reports the undergraduate and graduate majors of active U.S. federal Article III judges. Information on the subject area of study is largely not publicly available, especially for judges appointed decades ago. This is the first and only publicly available research study of the subject areas of study of U.S. judges, collected via phone and email surveys to U.S. judges. The results of this study show that only 7.35% offederal judges have majors in science …
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Data Privacy At The Border: How To Balance National Security Concerns And Privacy Interests When Conducting Forensic Border Searches Of Electronic Devices, Eleni Filley
Washington and Lee Journal of Civil Rights and Social Justice
Do you know where your phone is? Can you describe the last five pictures in your camera roll? How many websites have you visited this month? Cell phones are an extension of our person and contain some of our most private data: location, banking, loved ones, sleep statistics, reproductive information, and more. As our technology develops, so too should our laws. This Note explores the lack of privacy protections at the U.S. border and how susceptible our data is to a government search. A Supreme Court ruling recognizing the unique piece of property a cell phone represents, even at a …
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Democracy, History, And Washington And Lee, Christopher B. Seaman
Democracy, History, And Washington And Lee, Christopher B. Seaman
Washington and Lee Journal of Civil Rights and Social Justice
At Washington and Lee, it is customary for the new holder of an endowed professorship to deliver a public lecture called a chair talk to mark their installation. This is a lightly edited and footnoted version of Professor Seaman's chair talk on October 8, 2024, given as the new Robert E.R. Huntley Professor of Law.
Discretionary (In)Justice Continued: Discretion As A Tool To Deny Asylum, Kate Aschenbrenner Rodriguez
Discretionary (In)Justice Continued: Discretion As A Tool To Deny Asylum, Kate Aschenbrenner Rodriguez
Washington and Lee Journal of Civil Rights and Social Justice
In 2012, I published an article entitled Discretionary (In)justice: The Exercise of Discretion in Claims for Asylum. At that time, I was concerned because of a pattern I had seen of adjudicators in individual cases denying applications for asylum not on the basis of statutory eligibility but instead in an exercise of the adjudicator’s discretion. Since that time, the administrations of both the former President Trump and the now-current President Biden have used every legal tool available to them, including the exercise of discretion in asylum claims, to make it more difficult to obtain asylum and therefore to discourage …
Cannabis At Work: Navigating The Intersection Of Employment Law And Legalized Marijuana, Eva Lane
Cannabis At Work: Navigating The Intersection Of Employment Law And Legalized Marijuana, Eva Lane
Washington and Lee Journal of Civil Rights and Social Justice
As states increasingly legalize forms of cannabis use, federal regulation remains stagnant. These outdated laws still hold power, undermining state-granted rights. This impact is especially felt in the employment sector. While states pass laws legalizing cannabis use, employers still have a right to a drug free workplace. Many employment agreements prohibit drug use, even if legal under state law. This Note examines recent caselaw to analyze how courts are handling the battle between state and federal government as it relates to cannabis legalization. Ultimately, the argument highlights the risk employees face – engaging in what they believe is legal behavior …
Life In Limbo: Cryptocurrency And Fosta As The Pillars Of Cyber-Trafficking, Rebecca Liu
Life In Limbo: Cryptocurrency And Fosta As The Pillars Of Cyber-Trafficking, Rebecca Liu
Washington and Lee Journal of Civil Rights and Social Justice
As the internet continually advances into Web 3.0, human traffickers thrive in using online platforms to prey on their victims, creating a new form of human trafficking: cyber-trafficking. In 2018, Congress passed the Fight Online Sex Trafficking Act (“FOSTA”) to dampen the stringent protection that 47 U.S.C. § 230 (“Section 230”) offered to internet intermediaries in cyber-trafficking litigation. However, Congress’s intended effect in passing FOSTA failed, as courts continue to interpret FOSTA narrowly, upholding the stringent protection that Section 230 offers internet intermediaries. Beyond FOSTA’s indifferent impact, governmental bodies struggle adapting to Web 3.0’s landscape, neglecting to intervene with traffickers’ …
“Freedom Lives Hence, And Banishment Is Here”: The Weaponization Of Immigration Law To Punish Political Dissidents, Ryan Scott
Washington and Lee Journal of Civil Rights and Social Justice
This Note explores the long and bipartisan history of the United States government’s weaponization of the immigration system to control, exclude, and expel percieved political enemies. The near-unlimited power that the federal government has acrrued in immigration matters has been used since the Founders’ generation to purge the country of those whose ideas and speech are seen by the powers that be as threatening or subversive. This Note traces the arc of such efforts from the Alien and Sedition Acts of 1798 to the explusion of activists under President Trump. The Note also examines attempts to force the courts to …
James Baldwin And What U.S. Governments Owe Every American, Randall K. Johnson
James Baldwin And What U.S. Governments Owe Every American, Randall K. Johnson
Faculty Works
This book review looks at the life, work and impact of James Baldwin, a famous writer and civil rights activist that was born one hundred (100) years ago. It does so, for one of the first times in the field of law, by examining Baldwin’s influence on the legal system. The book review carries out its work by identifying Baldwin’s impacts upon U.S. law: before, during and after his public service career. In the process, this book review describes how governments can build on Baldwin's writings and advocacy work.
Local Environmental Impacts Of Data Center Proliferation, Reid Lifset, Pranava Raparla, Amy L. Stein, Lauren Bridges, Jim Mcelfish, Tim Cywinski
Local Environmental Impacts Of Data Center Proliferation, Reid Lifset, Pranava Raparla, Amy L. Stein, Lauren Bridges, Jim Mcelfish, Tim Cywinski
UF Law Faculty Publications
Demand for data centers is increasing worldwide, raising questions about the electric grid, the transition to renewable energy, and distribution infrastructure. Northern Virginia is home to data centers that process nearly 70% of global digital traffic, leading officials to call for construction, at ratepayers’ expense, of new power plants and new transmission lines across four states, as well as the continued operation of coal-powered plants that had been scheduled to go offline. On December 6, 2024, the Environmental Law Institute and the Network for Digital Economy and the Environment co-hosted a panel of experts who examined the environmental impacts and …
Digital Dollar: Privacy And Transparency Dilemma, Jiaying Jiang
Digital Dollar: Privacy And Transparency Dilemma, Jiaying Jiang
UF Law Faculty Publications
Many have voiced concerns that the digital dollar, a digital form of central bank money, will facilitate government surveillance, thus depriving users of privacy. This article investigates critical technical designs proposed by leading think tanks, central banks, and scholars from interdisciplinary fields, reaching a surprising conclusion that contradicts popular belief: a digital dollar can offer better privacy protection than existing digital payment systems. The article argues that those expressing concerns have made two flawed assumptions: (1) that digital dollar data is fully transparent regarding personal information and transaction details and (2) that the government or Federal Reserve has unlimited access …
Assisted Outpatient Treatment: A State-By-State Comparative Review, E. Lea Johnston, Autumn Klein
Assisted Outpatient Treatment: A State-By-State Comparative Review, E. Lea Johnston, Autumn Klein
UF Law Faculty Publications
Assisted outpatient treatment, otherwise known as preventive outpatient commitment, is rapidly expanding across the United States, aiming to address mental health needs and reduce homelessness, hospital costs, and community violence. Since 2019, fifteen preventive outpatient commitment statutes have been passed or expanded. These statutes, which authorize courts to mandate community treatment for nondangerous individuals with mental illnesses, have evaded close scrutiny, rest on misconceptions, and raise significant constitutional concerns. An analysis of legislative debates, court opinions, and scholarship reveals a fundamental misunderstanding about the prevalence of these laws, which contributes to their speedy passage. Additionally, no analysis exists of these …
Does Name, Image, And Likeness Increase Gender Inequality In College Athletics?, Aimee Christenson
Does Name, Image, And Likeness Increase Gender Inequality In College Athletics?, Aimee Christenson
Political Science Theses and Capstones
In June of 2021, the National Collegiate Athletic Association adopted its first interim policy regarding Name, Image, and Likeness. From here, college athletes have been able to benefit from opportunities regarding their brand as an athlete. While this development has been historic in its expansion of rights to athletes, it highlights the inequities between male and female athletes. Title IX requires equal opportunity for male and female students. This research raises questions about whether NIL is increasing the disparity between male and female athletes. To answer this question, I looked at NIL data collected by Kyle Ems on the NIL …
Admissions And Outcomes: Evaluating The Predictive Power Of The Lsat And Ugpa, Lindsey Mcmonigal
Admissions And Outcomes: Evaluating The Predictive Power Of The Lsat And Ugpa, Lindsey Mcmonigal
Political Science Theses and Capstones
Law schools have long relied on Law School Admission Test (LSAT) scores and undergraduate GPAs to predict student success, but the effectiveness and fairness of these metrics remain debated. This study examines whether LSAT scores and UGPA accurately predict bar passage and employment outcomes, analyzing data from the American Bar Association’s Required Disclosures for 197 U.S. law schools. Using statistical methods, including correlation and regression analysis, findings reveal that LSAT scores are a stronger predictor of bar passage than UGPA, while financial aid significantly reduces first-year academic attrition. Additionally, law schools with lower acceptance rates tend to produce better employment …
Hate Groups And The Charitable Tax Exemption, Miriam Galston
Hate Groups And The Charitable Tax Exemption, Miriam Galston
UC Law Constitutional Quarterly
No abstract provided.
From Theory To Practice: A True-Crime Podcast, Lauren V. Peckham
From Theory To Practice: A True-Crime Podcast, Lauren V. Peckham
Senior Honors Projects
The Criminal Element is an innovative, victim-centered podcast that bridges the gap between criminological theory and real-world criminal cases. The podcast is designed as an educational resource for undergraduate Criminology and Criminal Justice students, alongside general audience members interested in learning more about criminological theory. Through the lens of true crime, this podcast is an engaging exploration of foundational and advanced theories while avoiding sensationalism and exploitation, a prevalent problem among true crime media. Each episode connects criminological theoretical concepts – such as strain, social learning, and social disorganization – to contemporary and historical cases, providing listeners with accessible and …
Note From The Chief Legislation Editor, Griff Ryan-Roberts
Note From The Chief Legislation Editor, Griff Ryan-Roberts
University of the Pacific Law Review
No abstract provided.
Giving Birth Should Never Be A Death Sentence: Chapter 621 And The Path To Maternal Equity, Lacy Johnson
Giving Birth Should Never Be A Death Sentence: Chapter 621 And The Path To Maternal Equity, Lacy Johnson
University of the Pacific Law Review
No abstract provided.
California’S Climate Superfund: How Sb 1497 Seeks To Hold Large Fossil Fuel Polluters Accountable, Dominick Mendoza
California’S Climate Superfund: How Sb 1497 Seeks To Hold Large Fossil Fuel Polluters Accountable, Dominick Mendoza
University of the Pacific Law Review
No abstract provided.
Chapter 584: Navigating Hate Literature And The Freedom Of Speech Through Strategic Legislation, Christine J. Miller
Chapter 584: Navigating Hate Literature And The Freedom Of Speech Through Strategic Legislation, Christine J. Miller
University of the Pacific Law Review
No abstract provided.
The End Of Self-Checkout: Why Sb 1446 Would Limit Technological Advancements Rather Than Protect Jobs And Deter Theft, Michaela Thompson
The End Of Self-Checkout: Why Sb 1446 Would Limit Technological Advancements Rather Than Protect Jobs And Deter Theft, Michaela Thompson
University of the Pacific Law Review
No abstract provided.
Hillbilly Resurrection: A Response To Reviving Rural America, Jesse J. Richardson Jr.
Hillbilly Resurrection: A Response To Reviving Rural America, Jesse J. Richardson Jr.
West Virginia Law Review
No abstract provided.
Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Appalachia, Anne Marie Lofaso, Nicholas F. Stump
Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Appalachia, Anne Marie Lofaso, Nicholas F. Stump
West Virginia Law Review
In this Article, Professor Lofaso and Professor Stump propose a genuinely transformative Green New Deal and Just Transition in Appalachia. The Article opens by tracing the long history of the Appalachian labor and environmental movements. Next, the Article interrogates the common contention that the Appalachian environmental and labor movements are opposed. While this contention has substantial truth, more complex forces have been at work in the region. Fossil fuel industry elites, for instance, have wielded exaggerated “jobs versus environment” rhetoric to maximize profits and quash emergent solidarities among local workers, residents, and activists. This Article contends that a key solution …
University Of Baltimore Law Forum, Volume 55, Issue 2 (Spring 2025)
University Of Baltimore Law Forum, Volume 55, Issue 2 (Spring 2025)
University of Baltimore Law Forum
No abstract provided.