Digital Commons Network^™

Can Prosecutors’ Offices Preserve Public Confidence In Their Nonpartisanship—And, If So, How?, Bruce A. Green, Rebecca Roiphe

Fordham Law Review

No abstract provided.

Doing Justice With Empathy: Black Prosecutors In The Age Of Mass Incarceration, Kevin Woodson

Fordham Law Review

No abstract provided.

When One Door Closes: Legal Education And Racial Justice After Students For Fair Admissions, Michael I. Meyerson

Articles

In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court ruled that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibited colleges and universities from using race as a factor in admissions decisions. Many have feared that this ruling portends the end of racial diversity in higher education. Law schools, however, can choose to treat this decision as creating a fresh opportunity to pursue racial justice in a comprehensive and meaningful way. Most of the early scholarly writing on Students for Fair Admissions focused on either its …

Criminal Abortion And Citizen’S Arrest, Ira P. Robbins

Utah Law Review

In the aftermath of Dobbs v. Jackson Women’s Health Organization, many states rushed to classify abortion as homicide. In addition to criminalizing abortion, some states have shown a willingness to place enforcement of the new laws in the hands of ordinary citizens through a variety of private enforcement mechanisms. These new abortion statutes exist in tandem with existing citizen’s arrest laws to create the possibility for women, providers, and those who assist them to be subject to this problem-ridden doctrine. This Article analyzes potential scenarios in which these areas clash and pose new risks to exercising what was not long …

No Knock? No Case: Prosecutorial Deterrence As A Countermeasure To No-Knock Warrants, Tamika Griffin Moses

Utah Law Review

The high-profile deaths of Amir Locke and Breonna Taylor ignited a national debate surrounding the legitimacy of no-knock warrants. Their deaths are part of a cycle of reaction and inaction that permeates this debate. As the impacted communities and segments of the populace respond by demanding that federal and state legislatures abolish or severely restrict the use of no-knock warrants, they are met with inaction. The legislative bodies have failed to pass laws banning the warrants and judges continue to sign them. This inaction continues to undermine the public’s trust in law enforcement and challenges the legitimacy of a democracy …

Protecting The Presumption Of Innocence: Tiktok Detectives, Misinformation And Private Content Moderation, Paige Sanders

Utah Law Review

The presumption of innocence is a fundamental component of the American legal system, but modern media platforms undermine its effectiveness. Platforms like TikTok have become popular sites for true crime content, allowing online detectives to spin their own narratives about high-profile crimes, often with little regard for the truth. This trend undermines the integrity of the legal system and causes irreversible harm to those being baselessly accused on social media. While TikTok and other social media platforms employ guidelines to moderate users’ content, they consistently fall short in preventing the spread of unverified true crime content. This Note explores TikTok’s …

Fighting Drugs With Drugs: Medical Mushrooms In Utah’S War On Opioids, Paul Helms

Utah Law Review

In addition to the happy side effect of improving psilocybin’s odds of rescheduling under the proposed new CAMU standard (potentially increasing national psilocybin accessibility for opioid recovery), Senator Escamilla’s S.B. 200 could represent the beginning of a new era for the State of Utah in its battle against opioids. Despite S.B. 200’s failure to pass, the medical application of psilocybin under S.B. 266 (S.B. 200’s spiritual successor) should positively impact several interconnected issues in Utah, including mental illness, addiction, and transiency. However, specific proof of psilocybin’s effectiveness in combatting opioid addiction should be especially persuasive in garnering bipartisan support for …

Smoking Guns In The Rearview Mirror: Defending Washington's Firearm Regulations With Historical Analogues, Hyejin Lee

Washington Law Review

Mass shootings and gun violence are inescapable facts of American life. America is the only developed country where mass shootings occur almost daily. Despite the widespread sentiment of hopelessness surrounding this problem, state and local governments have been enacting various gun restriction laws. However, in a series of recent cases, the U.S. Supreme Court established an originalist standard for evaluating Second Amendment claims that poses significant challenges to the constitutionality of state and local gun laws. To survive constitutional muster, gun laws today must share common regulatory purpose and mechanism with historical analogues from the period between the founding and …

Law Library Blog (March 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

The Ultra (And Nearly Ultra) Locality Rules Persist! Why Continue To Ignore Modern Medicine And Contort The Standard Of Care?, Marc D. Ginsberg

Journal of Law and Health

The use of the locality rule to define or modify the medical standard of care is inconsistent with modern medicine. Nevertheless, various states in the U.S. continue to adhere to a locality rule. This paper revisits this topic, about which I have previously written, by focusing on Idaho, Nebraska, Tennessee and Arkansas. The paper concludes by suggesting that locality rules should be eliminated in favor of a national standard of care.

Rest In The Mourning: Navigating Assisted Suicide And Autonomy, Jada Rhome

Journal of Law and Health

Life, in all its diversity, has always been revered for its beauty, be it in the myriad opportunities it presents, the relationships we forge, or the cyclical changes that shape our journey. Yet, life’s harsh winters, those prolonged periods of suffering, often push the boundaries of endurance, prompting the question: Should we insist on perseverance when the hope of relief seems distant? This paper aims to explore this very question in the context of assisted suicide. This paper delves into the intricate ethical landscape of assisted suicide, navigating the complex interplay between autonomy, dignity, and the sanctity of life. At …

Cannabis In The Clink: An Argument In Favor Of Medical Marijuana For Disabled Inmates, Sophia Dechurch

Journal of Law and Health

In recent decades, medical marijuana programs have become commonplace, and most states in the United States of America are ready to accept marijuana as a natural alternative to treat symptoms of certain conditions such as chronic pain, cancer, mental illness, multiple sclerosis (MS), HIV/AIDS, and substance use disorder; as such, medical marijuana is readily accessible to those who have a qualifying diagnosis – the exception being those who are incarcerated. Although disability, substance abuse, and mental illness are prevalent among those under state supervision, these individuals are effectively prohibited from enjoying the benefits of medical marijuana. This Note will provide …

Equity For American Indian Families, Neoshia R. Roemer

Minnesota Law Review Vols. 106:2 onward (2021-present)

For the better part of two centuries, the cornerstone of federal Indian policy was destabilizing and eradicating tribal governments. In the process, federal Indian policy also dismantled American Indian families via child removal. Attempting to equalize American Indians through the practice of assimilation, decades of Indian child removal policies destroyed Indian families. In 1978, Congress responded to these horrors by passing the Indian Child Welfare Act (ICWA), a revolutionary law that was responsive to its trust responsibility to American Indian Tribes. By providing for the best interests of Indian children, heightened protections for parents of Indian children in certain child …

Who Watches The Watchers?: Finra, Self-Regulatory Organizations, And The Next Evolution Of Appointment And Removal Jurisprudence, Hans M. Frank-Holzner

Minnesota Law Review Vols. 106:2 onward (2021-present)

There are private, non-profit corporations exercising significant executive power. Known as self-regulatory organizations (SROs) these non-governmental organizations make binding rules and sometimes enforce statutory law governing massive industries. One such SRO is the Financial Industry Regulatory Authority (FINRA). In 2022 alone, FINRA permanently barred 227 individuals and suspended 328 individuals from the financial industry, imposed $54.5 million dollars in fines, ordered $26.2 million dollars in restitution, and referred 663 cases for prosecution. FINRA’s regulatory jurisdiction is massive. In 2022, it oversaw 3,378 securities firms including 150,647 branch offices and 620,882 individuals nationwide. This immense power is wielded not by the …

Mainstreaming Parafamily, Elizabeth F. Emens

Faculty Scholarship

In Parafamily, Chen and Mulligan have managed to cover vast terrain, to catalogue important developments in law, to canvass insights from generations of thinkers, and to propose an ambitious yet pragmatic approach to the laws that govern human relationships, directly and indirectly. They do all this in a relatively short article composed of unusually readable prose. Quite a feat.

The focus of the piece is Chen and Mulligan’s contribution to the field of legal scholarship dedicated to relationships that go beyond the traditional nuclear family. As their title reveals, the authors contribute a new term and concept to this …

Front Matter

Hofstra Labor & Employment Law Journal

No abstract provided.

Navigating Job Security In Turbulent Times: Challenges In The Entertainment, Airline, And Auto Industries, Joshua M. Javits

Hofstra Labor & Employment Law Journal

No abstract provided.

Love And Hate In University Technology Commercialization Proposed Revision To The Bayh-Dole Act, Clovia Hamilton, David Schuman

Hofstra Labor & Employment Law Journal

To a large extent, the university technology transfer (hereinafter the "TTO") success depends on harmonious relationships between technology transfer staff and contributing faculty. While this state is ideal, regretfully, it is not typical. We describe sixty-two legal battles between academic inventors and their universities. We also identify the stressors caused by perceived threats to the TTO staff and faculty researchers, which result in felt job insecurity. We then developed a concept model which depicts these perceived threats and how they contribute to positive functional technology transfer performance or negative dysfunctional performance. We propose that any lack of communication, social exchanges, …

Hi-Ho, Off To Work Asylees Must Go: New York's Need To Facilitate Migrant Work Permits, Claire S. Campuzano

Hofstra Labor & Employment Law Journal

No abstract provided.

Reasonable Cause For Fixing The Eeoc: How Changes In The Alternative Dispute Resolution Methods Can Help The Commission Fulfill Its Purpose, Nicholas Constantinidis

Hofstra Labor & Employment Law Journal

No abstract provided.

Drag Me To Work: Legislative Discrimination In Drag Queen Employment, Michael Russo

Hofstra Labor & Employment Law Journal

No abstract provided.

Climbing The Family Tree To Solve Crime: The Statutory Regulation Of Investigative Genetic Genealogy In Wisconsin, Margaret B. Mullican

Marquette Benefits and Social Welfare Law Review

Investigative Genetic Genealogy ("IGG") has emerged as a groundbreaking

tool that law enforcement agencies across the United States

are using to solve their most notorious criminal cases. IGG has led to

remarkable outcomes, such as identifying unknown victims, solving

decades-old violent crimes, and exonerating the innocent. While IGG

has transformed criminal investigations for the better, the tool has

also sparked concerns with the public regarding its haphazard regulation

and its constitutional implications. Despite the tool being

widely used by law enforcement, it remains relatively unregulated,

which has raised concerns about potential misuse, as well as a lack

of transparency and …

Accommodating Transportation To Work: How Courts Fail To Protect People With Disabilities By Inconsistently Interpreting The Ada’S Requirements To Provide Reasonable Accommodations To Employees, Tara Kniep

Marquette Benefits and Social Welfare Law Review

The Americans with Disabilities Act (ADA) has played a critical role in helping people with disabilities function with greater ease in an inaccessible world. However, it is not perfect and leaves many people without the accommodations they need. One of the many accommodations not directly and consistently protected by the ADA is transportation to and from work. While many Americans have enjoyed the work-from-home boom caused by the pandemic, there are many others that are forced to take remote jobs simply because they cannot secure safe and reliable transportation to and from work due to disability. This significantly narrows their …

High “Status”: Reforming Employment Protections For Medical Cannabis Users Based On Status, Benjamin P. Sheppard

Marquette Benefits and Social Welfare Law Review

This paper explores the inconsistencies in employment protections for medical cannabis users, with a focus on the divergent interpretations of protections based on “status” across different jurisdictions. The analysis begins with an overview of federal and state laws, followed by an examination of varying court approaches to the scope of protections afforded to medical cannabis users. Courts differ in interpreting whether "status" protections extend to cover positive drug test results, leading to significant variations in employment rights depending on jurisdiction. To address these disparities, this paper proposes two model statutes tailored to the level of protection each state may choose …

Leveraging The History And Tradition Framework In Support Of Transgender Americans’ Fundamental Right To Choose A Name, Abigail Franke

Marquette Benefits and Social Welfare Law Review

Transgender people are facing waves of new legislation limiting their right to exist. However, there is an enormous amount of preexisting state laws which limit transgender people’s right to choose a gender affirming name on their own terms. Many current state laws severely restrict the ability of transgender people with prior felony convictions to change their name. These laws limit the ability of people with felony convictions from changing their name: based on the offense, pursuant a time limit, or force transgender people to out themselves. In this note I argue that these state-level laws place an unconstitutional barrier between …

Law, Music, Statutory Interpretation, And Schubert, Norman P. Ho

Hofstra Law Review

The law and humanities field has been dominated by law and literature. Legal scholars have, for example, analogized judges to literary authors and have tried to show how the study of literature and law can enrich both subjects. Law and music, however, has received relatively less attention. This Article argues, on its most macroscopic level, that the relationship between law and music is very close, just like the close relationship between law and literature. Previous scholarly literature in the law and music field has spoken about the affinities between law and music, but mostly on a general level and with …

Demanding Compliance, Demurring Adherence: U.S. Treaty Law Hamstrings U.S. Soft Power Worldwide, Nicholas Lazzaro

Hofstra Law Review

No abstract provided.

Retaliation And Confrontation Of The State, Jon Mcneal

Vanderbilt Law Review

Popular resistance to the weaponization of government has eroded in America. On the political Right, the post-Reagan consensus favoring limited government has given way to a new generation of leaders—like Vice President J.D. Vance and Florida Governor Ron DeSantis—who openly advocate for using state power against their political opponents. Collectively they are the New Right: a populist, antiestablishment, conservative movement opposing pluralistic systems, institutions, and cultural elites. While both political liberals and conservatives have wielded state power against their adversaries, leveraging state power to reward friends and punish enemies is fundamental to the New Right’s worldview. Following German jurist Carl …

Assessing Alexithymia In Law Enforcement: The Role Of Service Tenure And Sex, Elfego J. Gallardo Jr

Dissertations

ABSTRACT

Alexithymia, characterized by difficulties in identifying and expressing emotions, has significant implications for professions requiring emotional intelligence and trauma-informed response. Law enforcement officers routinely navigate high-stress encounters that demand emotional regulation, clear communication, and empathy, yet those with alexithymic traits may struggle in these areas, potentially affecting interactions with victims, suspects, and the community. This study examined the prevalence of alexithymia among front-line police officers in suburban municipal agencies within the Chicago metropolitan area, using the Toronto Alexithymia Scale-20 (TAS-20) as a standardized assessment. The research addressed three questions: (1) What proportion of officers exhibited normative or elevated levels …

Abolition By Algorithm, Peter N. Salib

Michigan Law Review

In one sense, America’s newest abolitionist movement—advocating the elimination of policing and prison—has been a success. Following the 2020 Black Lives Matter protests, a small group of self-described radicals convinced a wide swath of ordinary liberals to accept a sweeping claim: Mere reforms cannot meaningfully reduce prison and policing’s serious harms. Only elimination can. On the other hand, abolitionists have failed to secure lasting policy change. The difficulty is crime. In 2021, following a nationwide uptick in homicides, liberal support for abolitionist proposals collapsed. Despite being newly “abolition curious,” left-leaning voters consistently rejected concrete abolitionist policies. Faced with the difficult …