Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 30 of 268
Full-Text Articles in Entire DC Network
Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll
Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll
Articles
Speech is more than just an individual right-it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the First Amendment promises broad rights of speech and assembly, these rights are not absolute. Criminal law regularly curtails such rights - either by directly regulating speech as speech or by imposing incidental burdens on speech as it seeks to promote other state interests. This Feature examines …
Time To Heal: Trauma's Impact On Rape & Sexual Assault Statutes Of Limitations, Fredrick E. Vars, Jillian Miller Purdue
Time To Heal: Trauma's Impact On Rape & Sexual Assault Statutes Of Limitations, Fredrick E. Vars, Jillian Miller Purdue
Articles
Short statutes of limitations for sex crimes ask the impossible of many vic- tims: report the crime before they have recovered from the trauma. Perpetra- tors go free as a direct result of the injury they caused. Nearly a third of victims of rape and sexual assaulthave PTSD during their lifetimes. PTSD is associated with three symptoms pertinent to reporting a crime: avoidance cop- ing (avoidingdistressing thoughts, feelings, or reminders of the attack), disso- ciative amnesia (forgetting important or all aspects of the attack), and depression. These symptoms all affect a victim's psychological ability to report a crime before a …
The (Tax) Policy Entrepreneur, Mirit Eyal-Cohen
Enforcing Equity Joyce A. Hughes: A Celebration, Daiquiri J. Steele
Enforcing Equity Joyce A. Hughes: A Celebration, Daiquiri J. Steele
Articles
No abstract provided.
Power Over Procedure, Russell M. Gold
Power Over Procedure, Russell M. Gold
Articles
American law should better protect people's bodies from being caged than it should protect people's money. And yet in so many ways it does the opposite. Instead of calibrating protections for defendants to the importance of the interest at stake, disparities between pretrial protections in federal civil and criminal procedure instead track differences in race and class between defendants in the two systems. Criminal defendants, for instance, can be locked in cages for two days on a mere accusation by police before a magistrate considers the validity of that deprivation. Civil defendants, by contrast, typically cannot be deprived of their …
Promoting Vaccine Innovation, Mirit Eyal-Cohen, Ana Santos Rutschman
Promoting Vaccine Innovation, Mirit Eyal-Cohen, Ana Santos Rutschman
Articles
As society grows to understand the need to promote innovation, policymakers try to employ an arsenal of policy tools, from traditional intellectual property ("JP") to newer tools such as grants, regulatory vouchers, and prizes. This Article argues that these frameworks crowd out certain types of investments in innovation projects that have a high social value. Vaccine innovation is a case in point. Despite the immense socioeconomic benefit of vaccines, existing policies have been limited in fostering investments in this space. This is because they fail to directly address the relevant bottleneck issues distinct to vaccine development.
This Article offers a …
Rationing Retaliation Claims, Daiquiri J. Steele
Unintended Legislative Inertia, Mirit Eyal-Cohen
Unintended Legislative Inertia, Mirit Eyal-Cohen
Articles
Institutional and political forces create strong inertial pressures that make updating legislation a difficult task. As a result, laws often stagnate, leading to the continued existence of obsolete rules and policies that serve long-forgotten purposes. Recognizing this inertial power, legislatures over the last few decades have increasingly relied on a perceived solution -- temporary legislation. In theory, this measure avoids inertia by requiring legislators to choose to extend a law deliberately.
This Article argues that temporary legislation is a double-edged sword. While some temporary laws ultimately expire, many perpetuate through cycles of extension and reauthorization. Temporary legislation often creates its …
(Im)Mutable Race?, Deepa Das Acevedo
The Law Of Emerging Adults, Clare Ryan
The Law Of Emerging Adults, Clare Ryan
Articles
Law tends to divide people into two groups based on age: children and adults. The age of majority provides a bright line between two quite different legal regimes. Minority is characterized by dependency, parental control, incapacity, and diminished responsibility. Adulthood is characterized by autonomy, capacity, and financial and legal responsibility. Over the course of the twentieth century, evolving understandings of adolescence in law and culture produced a staged process of increasing liberty and responsibility up to the age of majority. After eighteen, however, the presumption of adulthood remains strong. Today, a combination of psychological and social factors has extended the …
The Folklore Of Unfairness, Luke Herrine
The Folklore Of Unfairness, Luke Herrine
Articles
The Federal Trade Commission Act's ban on "unfair ... acts and practices" would, on its face, seem to give the FTC an awesome power to define proper treatment of consumers in changing conditions. But even in a world of widespread corporate surveillance, ongoing racial discrimination, impenetrably complex financial products, pyramid schemes, and more, the unfairness authority is used rarely, mostly in egregious cases of wrongdoing. Why? The standard explanation is that the more expansive notion of unfairness was tried in the 1970s, and it failed spectacularly. The FTC of this era was staffed by bureaucrats convinced of their own moral …
Socially Distant Health Care, Allyson E. Gold, Benjamin J. Mcmichael, Alicia Gilbert
Socially Distant Health Care, Allyson E. Gold, Benjamin J. Mcmichael, Alicia Gilbert
Articles
The COVID-19 pandemic has elucidated many problems within the American health care system, chief among them the continuing access-to-care issue. Though the Affordable Care Act increased access to health insurance, the current pandemic has demonstrated that health insurance alone is not enough. Communities need access to health care providers. Indeed, many fully insured Americans across the country are experiencing what many have faced on a daily basis: the inability to access a health care provider Rural areas and communities of color regularly battle an inability to obtain care from health care professionals and have done so for many years. Much …
Sweet Old-Fashioned Notions Symposium On Legal Anthropology, Deepa Das Acevedo
Sweet Old-Fashioned Notions Symposium On Legal Anthropology, Deepa Das Acevedo
Articles
No abstract provided.
Third Parties With Benefits, Casey E. Faucon
Rodrigo's Reappraisal, Richard Delgado, Jean Stefancic
Preserving Pandemic Protections, Daiquiri J. Steele
The Least Of These: The Case For Nationwide Injunctions In Immigration Cases As A Critical Democratic Institution, Allen Slater, Richard Delgado
The Least Of These: The Case For Nationwide Injunctions In Immigration Cases As A Critical Democratic Institution, Allen Slater, Richard Delgado
Articles
No abstract provided.
The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney K. Cross
The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney K. Cross
Articles
No abstract provided.
The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine
The Law And Political Economy Of A Student Debt Jubilee, Luke Herrine
Articles
The notion of a student debt jubilee has begun its march from the margin of policy debates to the center, yet scholarly debate on the value of canceling student debt is negligible. This article attempts to jump start such debate in part by presenting a novel policy proposal for implementing a jubilee. In addition to reviewing the history of student debt and the arguments for canceling much or all of it, it presents a detailed legal argument that canceling public student debt (which accounts for 95% of student debt outstanding) could be undertaken by the Executive Branch without further legislation. …
The Law Of Rescue, Shalini Bhargava Ray
Pretrial Detention In The Time Of Covid-19, Jenny E. Carroll
Pretrial Detention In The Time Of Covid-19, Jenny E. Carroll
Articles
COVID-19 has shone a light on the preexisting flaws in the criminal justice system. This Essay focuses on one of the challenges the criminal justice system faces in light of COVID-19: that of a pretrial detention system that falls more harshly on poor and minority defendants, swells local jail populations, is fraught with bias, produces unnecessarily high rates of detention, and carries a myriad of downstream consequences, both for the accused and the community at large. Long before the first confirmed case, United States' jails were particularly susceptible to contagions. The COVID-19 crisis exacerbates this problem creating an acute threat …
The Law Of Rescue, Shalini Bhargava Ray
The Law Of Rescue, Shalini Bhargava Ray
Articles
Diverse areas of law regulate acts of rescue, often inconsistently. For example, maritime law mandates rescue, immigrant harboring law prohibits it, and tort law generally permits it but does not require it. Modern legal scholarship has focused principally on mandatory and permissive forms of rescue. With humanitarian actors facing prosecution for saving migrants' lives in the Arizona desert and elsewhere, however, scholarly treatment of the phenomenon of prohibited rescue is increasingly urgent. By analyzing disparate regimes of rescue, and focusing on migrant rescue specifically, this Article makes three contributions. First, it argues that the law of rescue generally privileges property …
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Articles
In the era of COVID-19, the term essential labor has become part of our daily lexicon. Between March and May 2020, essential labor was not just the only kind of paid labor occurring across most of the United States; it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers' advocates, and politicians have scrambled to articulate exactly what makes essential labor "essential." Some commentators have also argued that the rise of essential labor as a conceptual category disrupts or should disrupt longstanding patterns in the way …
Rodrigo's Rebuke: Originary Violence And U.S. Border Policy, Richard Delgado
Rodrigo's Rebuke: Originary Violence And U.S. Border Policy, Richard Delgado
Articles
Offers a new way to see immigration laws and policies namely as instances of originary violence Notes that recent official actions including travel bans family separation and cutbacks in asylum are examples of both originary violence and the ordinary kind Shows how the two are connected and proposes a number of means to attack them
Children's Rights To A Livable Future, Richard Delgado
An Empirical Analysis Of Sexual Orientation Discrimination, J. Shahar Dillbary, Griffin Edwards
An Empirical Analysis Of Sexual Orientation Discrimination, J. Shahar Dillbary, Griffin Edwards
Articles
This study is the first to empirically demonstrate widespread discrimination across the United States based on perceived sexual orientation sex and race in the mortgage lending process Our analysis of over five million mortgage applications reveals that any FHA loan application filed by samesex male coapplicants is significantly less likely to be approved compared to the white heterosexual baseline holding lending risk constant The most likely explanation for this pattern is sexual orientation based discrimination "” despite the fact that FHA loans are the only type of loan in which discrimination on the basis of sexual orientation is prohibited brbrMoreover …
Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic
Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Presidential Laws And The Missing Interpretive Theory, Tara Leigh Grove
Articles
There is something missing in interpretive theory Recent controversies"”involving for example the first travel ban and funding for sanctuary cities"”demonstrate that presidential "laws" executive orders proclamations and other directives raise important questions of meaning Yet while there is a rich literature on statutory interpretation and a growing one on regulatory interpretation there is no theory about how to discern the meaning of presidential directives Courts for their part have repeatedly assumed that presidential directives should be treated just like statutes But that cannot be right Theories of interpretation depend on both constitutional law and institutional setting For statutes the relevant …
Metamorphosis: A Minority Professor's Life, Richard Delgado
Metamorphosis: A Minority Professor's Life, Richard Delgado
Articles
This article is a dark semiautobiographical takeoff on a famous novel by Franz Kafka I use the predicament of Gregor the central character in The Metamorphosis as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law It proceeds in a series of 37 short vignettes told in the course of a bedside conversation in which my young firebrand Rodrigo turns tables on his usual foil and straight man "the Professor" and asks him a few questions about his life and career Until now the two had focused on …
Ecumenical Evangelical Legal Thought: The Contributions Of Robert F. Cochran, Jr. Overview: Robert Cochran As Scholar And Institutional Entrepreneur, William S. Brewbaker Iii
Ecumenical Evangelical Legal Thought: The Contributions Of Robert F. Cochran, Jr. Overview: Robert Cochran As Scholar And Institutional Entrepreneur, William S. Brewbaker Iii
Articles
No abstract provided.