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Articles 24211 - 24240 of 24326
Full-Text Articles in Entire DC Network
Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin, Jr.
Disability-Selective Abortion And The Americans With Disabilities Act, Dov Fox, Christopher L. Griffin, Jr.
Utah Law Review
This Article examines the influence of the Americans with Disabilities Act (ADA) on affective attitudes toward children with disabilities and on the incidence of disability-selective abortion. Applying regression analysis to U.S. natality data, we find that the birthrate of children with Down syndrome declined significantly in the years following the ADA’s passage. Controlling for technological, demographic, and cultural variables suggests that the ADA may have encouraged prospective parents to prevent the existence of the very class of people it was designed to protect. We explain this paradox by showing the way in which specific ADA provisions could have given rise …
Height Discrimination In Employment, Isaac B. Rosenberg
Height Discrimination In Employment, Isaac B. Rosenberg
Utah Law Review
This Article looks critically at heightism, i.e., prejudice or discrimination against a person on the basis of his or her height. Although much scholarship has focused on other forms of trait-based discrimination—most notably weight and appearance discrimination, both of which indirectly involve height as a component—little has focused on “pure” height discrimination. Nevertheless, within the past five years courts, scholars, and legislatures have increasingly tackled these non-traditional forms of discrimination. As such, this Article endeavors to fill the gap in the existing scholarship.
Web Site Proprietorship And Online Harassment, Nancy S. Kim
Web Site Proprietorship And Online Harassment, Nancy S. Kim
Utah Law Review
Although harassment and bullying have always existed, when such behavior is conducted online, the consequences can be uniquely devastating. The anonymity of harassers, the ease of widespread digital dissemination, and the inability to contain and/or eliminate online information can aggravate the nature of harassment on the Internet. Furthermore, section 230 of the Communications Decency Act provides Web site sponsors with immunity for content posted by others and no incentive to remove offending content.
The Belt And Suspenders Approach: The Advantages Of A Formalized Environmental Compliance Program, Carol Dinkins, Sean Lonnquist
The Belt And Suspenders Approach: The Advantages Of A Formalized Environmental Compliance Program, Carol Dinkins, Sean Lonnquist
Utah Law Review
Because environmental crimes can be committed by businesses, regulating and enforcement entities such as the Department of Justice (“DOJ”) and the Environmental Protection Agency (“EPA”) may have a particular interest in indicting a corporation as a means of protecting the public at large. Although major environmental statutes such as the Clean Water Act and the Clean Air Act provide for civil penalties, some environmental violations are such that criminal charges may be appropriate both as a means of punishing wrongdoing and also to deter future violations. Additionally, the U.S. Attorneys’ Manual states prosecution of corporate crime is a high priority …
Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear
Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear
Utah Law Review
The federal sentencing guidelines for environmental crimes bark loudly, calling for sentences of imprisonment for all but the most trivial of environmental offenses. Although the terms of imprisonment are not long, the prospect of even a short period of incarceration is doubtlessly capable of getting the attention of the white-collar professionals who commit environmental offenses. Research I conducted in 2004, however, indicated that the bark of the environmental guidelines was considerably worse than their bite. Judges “departed” below the applicable guidelines range in an unusually high percentage of environmental cases; barely one-third of convicted environmental defendants received prison sentences, and …
Locating The Environmental Harm In Environmental Crimes, Susan F. Mandiberg
Locating The Environmental Harm In Environmental Crimes, Susan F. Mandiberg
Utah Law Review
The current approach to environmental harm is odd from a criminal law perspective. The environmental criminal statutes barely deal with the subject at all. The environmental sentencing guidelines, on the other hand, focus almost entirely on harm. The resulting system does not adequately address the role of harm in evaluating the seriousness of environmental crimes or in graduating punishment for different levels of offenders. Although the situation could be resolved through amendments to the sentencing guidelines, a statutory approach has certain advantages from a societal perspective. There is no need to jettison the current statutory approach, which works well to …
Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann
Environmental Crime Comes Of Age: The Evolution Of Criminal Enforcement In The Environmental Regulatory Scheme, David M. Uhlmann
Utah Law Review
The Rivers and Harbors Act of 1899 often is considered the first environmental criminal statute because it contains strict liability provisions that make it a misdemeanor to discharge refuse into navigable waters of the United States without a permit. When Congress passed the Rivers and Harbors Act, however, it was far more concerned with preventing interference with interstate commerce than environmental protection. For practical purposes, the environmental crimes program in the United States dates to the development of the modern environmental regulatory system during the 1970s, and amendments to the environmental laws during the 1980s, which upgraded criminal violations of …
Not Guilty…Until Recommitment: The Misuse Of Evidence Of The Underlying Crime In Ngri Recommitment Hearings, Jana R. Mccreary
Not Guilty…Until Recommitment: The Misuse Of Evidence Of The Underlying Crime In Ngri Recommitment Hearings, Jana R. Mccreary
Utah Law Review
A criminal defendant found not guilty by reason of insanity was found not guilty. Commitment to a state mental facility is not designed to be punishment for a crime. The commitment is meant instead to address the acquittee’s insanity. Involuntary commitment strips a person of a vital liberty interest, and under our Constitution it should be done only with adequate due process. Recommitment of the person, though, is due that same protection. Accordingly, use of unfairly prejudicial evidence should be limited unless a court deems it necessary to a jury’s determination.
Adoption Of Infants Born To Unaware, Unwed Fathers: A Statutory Proposal That Better Balances The Interests Involved, Tyler M. Hawkins
Adoption Of Infants Born To Unaware, Unwed Fathers: A Statutory Proposal That Better Balances The Interests Involved, Tyler M. Hawkins
Utah Law Review
In December, Robert and Carol became engaged and Robert moved into Carol’s home. Their relationship deteriorated, however, and in February of the following year Robert moved out. Although Carol was pregnant when Robert left, Carol hid this fact from Robert, apparently fearful Robert would think “she was trying to coerce him into marriage.” During the following weeks, Carol asked her friends, a married couple, if they would adopt her and Robert’s child. The couple agreed. In October, Carol gave birth to a baby boy, who was delivered to the adoptive parents upon Carol’s discharge from the hospital.
Congress And The Court: Retroactive Immunity In The Fisa Amendments Act And The Problem Of United States V. Klein, Nate Olsen
Utah Law Review
Since the New York Times first revealed the Bush administration had undertaken a massive warrantless espionage program within the United States, journalists, civil rights organizations, and citizens have filed more than forty lawsuits against the telecommunications service providers (“telecoms”) that allegedly aided the administration in domestic spying. In Hepting v. AT&T Corp., customers sued AT&T alleging the company had unlawfully allowed the government to intercept telephone and Internet communications. Similar lawsuits filed against other telecoms joined Hepting in a civil action (collectively, “the NSA Cases”).
The Redevelopment Of Place In The Urban Context: An Evaluation Of Non-Housing Economic Change In A Transforming Public Housing Neighborhood, Crystal Jackson
The Redevelopment Of Place In The Urban Context: An Evaluation Of Non-Housing Economic Change In A Transforming Public Housing Neighborhood, Crystal Jackson
Master's Theses
At the turn of the twenty-first century the pervasive unsuitability of living conditions within many public housing projects facilitated the enactment of the HOPE VI program, the most recent reform in public housing policy. While increasing the habitability of traditional public neighborhoods arguably has been an overarching goal of the HOPE VI intervention, research has not widely considered the extent to which the program may have facilitated the development of non-housing amenities in transforming neighborhoods. The goal of this study is to consider the extent to which non-housing economic amenities have been developed in a transforming Chicago neighborhood targeted for …
The Effect Of Zinc On L-Leucine Transport In Lobster Intestine, Anna Lynn Mullins
The Effect Of Zinc On L-Leucine Transport In Lobster Intestine, Anna Lynn Mullins
UNF Graduate Theses and Dissertations
The current study is a characterization of L-leucine absorption across the American lobster intestine in order to determine the likelihood of a bis-complex formation with zinc ([Leu]-Zn-[Leu]) as a possible substrate for PEPT1. This study required isolated lobster intestines to be mounted in a perfusion chamber in order to quantify 3H-L-leucine transport. It was hypothesized that an apical dipeptide transporter, PEPT1, was responsible for uptake of L-leucine via formation of a bis-complex with zinc ([Leu]-Zn-[Leu]) in the form of molecular mimicry, where the bis-complex mimics the normal dipeptide substrate of the proposed carrier system. It was found that L-leucine transport …
Vegetation Response To Restoration Treatments In A Former Pine Plantation In North Florida, Ryan C. Meyer
Vegetation Response To Restoration Treatments In A Former Pine Plantation In North Florida, Ryan C. Meyer
UNF Graduate Theses and Dissertations
As the human population in Florida continues to expand, development follows, and tree farms give way to homes and businesses. As parks are established, restoration of these semi-natural plantations may provide critical habitat for species conservation. This study evaluates vegetation response to restoration treatments at two study sites, formerly tree farms, now preserves in NE Florida. Treatments included thinning, clearing, or control (no treatment) within 10m^2 plots. Thinning reduced tree canopy to 20% (2-3 pines/plot) and removed all other vegetation; clearing treatments removed all biomass to bare soil; no herbicides were used. Within these plots richness and abundance was assessed …
Can Courts Repair The Crumbling Foundation Of Good Citizenship? An Examination Of Potential Legal Challenges To Social Studies Cutbacks In Public Schools, Eli Savit
Michigan Law Review
In the wake of No Child Left Behind, many public schools have cut or eliminated social studies instruction to allot more time for math and literacy. Given courts' repeated celebration of education as the "foundation of good citizenship," this Note examines potential legal claims and litigation strategies that could be used to compel social studies instruction in public schools. This Note contends that the federal judiciary's civic conception of education leaves the door slightly ajar for a Fourteenth Amendment chrallenge on behalf of social studies-deprived students, but the Supreme Court's refusal in San Antonio v. Rodriguez to recognize education as …
The Case For The Third-Party Doctrine, Orin S. Kerr
The Case For The Third-Party Doctrine, Orin S. Kerr
Michigan Law Review
This Article offers a defense of the Fourth Amendment's third party doctrine, the controversial rule that information loses Fourth Amendment protection when it is knowingly revealed to a third party. Fourth Amendment scholars have repeatedly attacked the rule on the ground that it is unpersuasive on its face and gives the government too much power This Article responds that critics have overlooked the benefits of the rule and have overstated its weaknesses. The third-party doctrine serves two critical functions. First, the doctrine ensures the technological neutrality of the Fourth Amendment. It corrects for the substitution effect of third parties that …
The Success Of Chapter 11: A Challenge To The Critics, Elizabeth Warren, Jay Lawrence Westbrook
The Success Of Chapter 11: A Challenge To The Critics, Elizabeth Warren, Jay Lawrence Westbrook
Michigan Law Review
Although Chapter 11 has served as a model for bankruptcy reform around the world, the conventional wisdom has been that it is characterized by a relatively low success rate and endless delay. The data from large samples of Chapter 11 cases filed in 1994 and 2002 demonstrate that this characterization is wrong. Nearly all troubled companies choose Chapter 11 over Chapter 7 liquidation, which means that the system serves a critical screening function to eliminate hopeless cases relatively quickly. Almost half the unsuccessful cases were jettisoned within six months and almost eighty percent were gone within a year The cases …
Evaluating Punishment In Purgatory: The Need To Separate Pretrial Detainees' Conditions-Of-Confinement Claims From Inadequate Eighth Amendment Analysis, David C. Gorlin
Evaluating Punishment In Purgatory: The Need To Separate Pretrial Detainees' Conditions-Of-Confinement Claims From Inadequate Eighth Amendment Analysis, David C. Gorlin
Michigan Law Review
The Due Process Clause prohibits all "punishment" of pretrial detainees- individuals that are held by the Government, but not adjudged guilty of any crime. The Eighth Amendment only prohibits the infliction of "cruel and unusual punishments" upon convicted individuals. Despite the Supreme Court's insistence that the Due Process Clause, and not the Eighth Amendment, protects pretrial detainees from deplorable and harmful conditions of confinement, most federal circuits now assess pretrial detainees' claims under Eighth Amendment standards. Under the Eighth Amendment framework, pretrial detainees must establish that conditions subjected them to a substantial risk of serious harm, and that jailers were …
Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq
Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq
Scholarly Works
Congress has neglected the federal labor rights of construction workers for half a century. Back in 1959, Congress addressed the needs of construction workers and attempted to ensure that those workers, who were hired by construction employers for erratic and short periods of time, retained the right to organize in unions. To that end, Congress added section 8(f) to the National Labor Relations Act ("NLRA"), authorizing construction employers and unions to enter voluntarily into prehire collective bargaining agreements covering construction workers. Additionally, Congress included a proviso permitting employers to require, as a condition of employment, that their employees join the …
Procedural Adequacy, Elizabeth Chamblee Burch
Procedural Adequacy, Elizabeth Chamblee Burch
Scholarly Works
This short piece responds to Jay Tidmarsh’s article, Rethinking Adequacy of Representation, 87 Texas Law Review 1137 (2009). I explore Professor Tidmarsh’s proposed “do no harm” approach to adequate representation in class actions from a procedural legitimacy perspective. I begin by considering the assumption underlying his alternative, namely that in any given class action both attorneys and class representatives tend to act as self-interested homo economicus and we must therefore tailor the adequacy requirement to curb self-interest only in so far as it makes class members worse off than they would be with individual litigation. Adopting the “do no harm” …
Scott V. Harris And The Role Of The Jury In Constitutional Litigation, Michael Wells
Scott V. Harris And The Role Of The Jury In Constitutional Litigation, Michael Wells
Scholarly Works
Suits brought under 42 U.S.C. section 1983 to recover damages for excessive force by the police bear some resemblance to common law tort litigation, since the key Fourth Amendment issue is whether the force was 'unreasonable.' In ordinary negligence law the jury typically decides whether an actor has exercised reasonable care, even when there is no dispute as to the facts. In section 1983 litigation the federal courts are badly split on the allocation of decision making between judge and jury, sometimes even within a particular circuit. The Supreme Court recently faced the judge-jury issue in Scott v. Harris, where …
A Litigation-Oriented Approach To Teaching Federal Courts, Michael Wells
A Litigation-Oriented Approach To Teaching Federal Courts, Michael Wells
Scholarly Works
The traditional focus of the course on Federal Courts has been the study of highly abstract principles of separation of powers and federalism. This paper argues that most students are better served by a course that focuses on what lawyers need to know in order to litigate issues regarding the types of disputes federal courts may address and the division of authority between federal and state courts. With that aim in mind, the paper suggests that the course should focus largely on the opportunities and obstacles faced by lawyers seeking to advance federal constitutional or statutory claims in the federal …
Voice, Self, And Persona In Legal Writing, Chris Rideout
Voice, Self, And Persona In Legal Writing, Chris Rideout
Faculty Articles
From the author's view, sorting out the complexity of voice—and discussing voice in legal prose—requires a rethinking of who the writer is in legal discourse and, importantly, how that writer is represented in legal prose. It becomes a question not of self expression, but of self-representation and persona. This article will first look at discussions of voice in writing—beginning with what we might mean by voice, then with discussion of personal voice, and then of professional voice. The article then offers another model for looking at voice — a discoursal model — and use that model to reconstruct the idea …
Richard Delgado And The Politics Of Citation, Robert S. Chang
Richard Delgado And The Politics Of Citation, Robert S. Chang
Faculty Articles
Twenty-five years ago, Professor Richard Delgado published The Imperial Scholar. The article asserted that a group of white scholars dominated the field of civil rights scholarship to the exclusion of minority scholars. It created a firestorm of sorts with what one critic called a "serious charge of invidious racism on the part of respected legal scholars." Professor Derrick Bell described the piece as "an intellectual hand grenade, tossed over the wall of the establishment as a form of academic protest." Whether as firestorm or grenade, this foundational piece had a tremendous impact on the legal landscape. This brief essay examines …
Democratizing The Courts: How An Amicus Brief Helped Organize The Asian American Community To Support Marriage Equality, Robert S. Chang, Karin Wang
Democratizing The Courts: How An Amicus Brief Helped Organize The Asian American Community To Support Marriage Equality, Robert S. Chang, Karin Wang
Faculty Articles
In this essay, the authors offer an alternative rationale for amicus practice. This rationale emerges from thier experience working on a brief in support of marriage equality that sixty-three Asian American organizations endorsed. They found that an amicus brief can be an effective tool to engage and educate community-based organizations and their constituencies, thereby helping to advance social justice issues. Their story also illustrates how amicus practice can be used to organize communities around a legal issue and to democratize the courts. In this way, even if the effect of amicus briefs on litigation outcomes may be marginal, the process …
How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian Halliburton
How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian Halliburton
Faculty Articles
This article seeks for the very first time to inform that debate with a notion of property as an essential aspect of human identity in a "mash-up of sorts that might be called Fourth Amendment jurisprudence meets the Radinesque Property of Personhood. Using an expanded version of the notion of property developed by Professor Margaret Radin in her pioneering work Property and Personhood, the Fourth Amendment must contend with the social reality that some aspects of "ownership" or entitlement to property, and some level of vindication of those interests, are essential to the formation and viability of complete human beings. …
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson
Faculty Articles
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings as Constitutional Facts raises a novel double standard: while fact-specific trial court findings of actual malice are reviewed under the “independent judgment” standard (a wholesale re-weighting of the trial court record and decision) on appeal, intentional race discrimination findings are reviewed under the far more deferential Federal Rule of Civil Procedure 52 clear error standard. Both legal concepts are arrived at through assessing state-of-mind determinations; both directly trigger constitutional proscriptions. Only actual malice, however, is classified as a constitutional fact, thus taking it out of the more deferential standard of …
Asking Jurors To Do The Impossible: A Response To Peter Tiersma, Janet Ainsworth
Asking Jurors To Do The Impossible: A Response To Peter Tiersma, Janet Ainsworth
Faculty Articles
Comments from Janet Ainsworth at the Summers-Wyatt Symposium - Asking Jurors to Do the Impossible - Friday March 27, 2009 Transcript.
Knocked Down Again: An East L.A. Story On The Geography Of Color And Colors, Steven W. Bender
Knocked Down Again: An East L.A. Story On The Geography Of Color And Colors, Steven W. Bender
Faculty Articles
The article discusses the history of struggle of Latin Americans and the legacy of gang violence in East Los Angeles, California. The author states that the positive thing about the place is the closeness of the community and families. However, the 2000 Census states that ninety-seven percent of the city's population is Latin American with about a quarter living below poverty line. Moreover, sociologists consider gang warfare as a defense of turf marked by defined geographic boundaries.