Digital Commons Network^™

Monetary Recoveries For State Crime Victims , Jeffrey A. Parness, Edmund Laube, Laura Lee

Cleveland State Law Review

In this Article, we explore the constitutional, statutory, and common law foundations of the three recovery avenues available to crime victims. We also explore the federal-state and interstate differences in these avenues, along with the associated barriers to recovery. Finally, we propose better ways in which to facilitate state crime victim recoveries.

Tailoring The Narrow Tailoring Requirement In The Supreme Court's Affirmative Action Cases, Luiz Antonio Salazar Arroyo

Cleveland State Law Review

In his first and only affirmative action decision since becoming the controlling member of the Supreme Court, Justice Kennedy, in Parents Involved in Community Schools v. Seattle School District No. 1, showed a possible willingness to go back to the looser, more contextualist view of the narrow tailoring requirement that the Court embraced when Justice Powell was the swing vote. This Article argues that regardless of whether Justice Kennedy actually was moving back toward a more contextualist approach to narrow tailoring, a shift away from the highly formalistic inquiry adopted by Justice O'Connor back to the looser contextual standard used …

Lawless By Design: Jurisdiction, Gender And Justice In Indian Country, Laura E. Pisarello

Emory Law Journal

To reduce crime, and sexual violence in particular, in Indian Country, Congress should “overturn” Oliphant and grant tribes direct criminal jurisdiction over all people—Indian or not—in Indian Country. Congress should also remove sentencing limits and explicitly grant tribal courts authority to adjudicate all crimes. Accordingly, this Comment discusses the effects of present legal hurdles to prosecuting those who commit crimes in Indian Country. It shows how Congress could remove these legal barriers and addresses possible constitutional concerns about this proposal. This Comment outlines the legal benefits of this proposal, including a more harmonized and modern legal framework that enhances tribal …

Engendering Fairness In Domestic Violence Arrests: Improving Police Accountability Through The Equal Protection Clause, Niji Jain

Emory Law Journal

When police decline to respond to reported violations of restraining orders, victims of gender-based violence and their children suffer tragic consequences. Congress enacted 42 U.S.C. § 1983 to remedy problems of this sort by lifting the shield of immunity when a state actor violates an individual¿s constitutional rights. A credible threat of liability for police officers is imperative to encourage police to act in a way that protects individuals from harm. However, the Supreme Court has substantially limited the possible § 1983-based causes of action a victim of gender-based violence can bring against a police officer. The only remaining avenue …

Slipping Through The Cracks: Why Can't We Stop Drugged Driving?, Tina W. Cafaro

Western New England Law Review

No abstract provided.

Broadening Low-Wage Workers' Access To Justice: Guaranteeing Unpaid Wages In Targeted Industries, Hina B. Shah

Hofstra Labor & Employment Law Journal

There was a significant period in early American history where unlimited liability coexisted with limited liability and certain industries or creditors received more favorable treatment. Limited liability was originally conceived as an extraordinary privilege granted to a select few. In the Twentieth Century, it has been transformed into the default rule for all corporations and entities. The prevalence of limited liability in modern times has undermined fundamental labor protections guaranteeing workers’ their wages. The tension between the limited liability rule and labor rights is fundamentally about who the law favors. Limited liability is risk allocation – shifting to the creditors …

Gregory A. Lowrey V. Workforce Appeals Board, Utah Department Of Workforce Services, And Jacklyn Emmett Johnson : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petition for Review of a Decision of the Workforce Appeals Board of the Department of Workforce Services, State of Utah

State Of Utah V. Stephen Bradley Adamson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

State Of Utah V. Stephen Bradley Adamson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Edra 41: Bibliography Of Books On Display, Kathleen Demsky

Bibliographies

edra 41 | Policy & The Environment | Washington, DC

Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations, Fred K. Ford

Pace Law Review

No abstract provided.

Free Speech, Terrorism, And European Security: Defining And Defending The Political Community, Shawn Marie Boyne

Pace Law Review

No abstract provided.

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.

Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck

NYLS Law Review

No abstract provided.

City Of New York V. Verizon New York, Inc., Michael T. Leigh

NYLS Law Review

No abstract provided.

Lights, Camera, Sanction - Whether A Proposed Anti-Paparazzi Ordinance Would Limit Investigative Journalism In The News Business, Shelly Rosenfeld

UC Law Business Journal

While the value of paparazzi-driven journalism is very low, it would be a detriment to the public if paparazzi regulations would potentially limit, or even have a chilling effect on valuable investigative news, merely because there were similar ways the two acquired information. Certain newsgathering torts permit one to consider the newsworthiness, and hence public interest of the stories in question in evaluating the claim. Just as a driver who runs a red light on the way to visit a sick relative in the hospital has still broken the law, if a reporter breaks the more stringent regulations imposed on …

The Great And Growing Cities Doctrine Imperiled: An Objective Look From A Biased Perspective, Casey S. Funk, Daniel J. Arnold

Water Law Review

No abstract provided.

State Of Utah V. Ramon Juma : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Bending Broken Rules: The Fourth Amendment Implications Of Full-Body Scanners In Preflight Screening, M. Madison Taylor

Richmond Journal of Law & Technology

In the face of emerging technology, the Fourth Amendment’s guarantee of protection against unreasonable searches and seizures is especially susceptible to erosion. As Justice Scalia wrote in Kyllo v. United States, “[i]t would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology.” In Katz v. United States, technology compelled a dramatic shift in the Supreme Court’s interpretation of the Fourth Amendment. Prior to Katz, the Court generally interpreted the Fourth Amendment to prevent only the search and seizure of tangible things, and looked to …

Legal Preparedness For Pandemic Influenza: Is Virginia Ready, Kristen Digirolam

Richmond Journal of Law and the Public Interest

We cannot look at the legal issues of pandemic influenza in a vacuum. This paper attempts to identify the legal issues at stake during a pandemic and how those issues need to be discussed as a whole when preparing for a pandemic. Part II of this paper will give a brief description of pandemic influenza and look at the Spanish Flu pandemic of 1918. Part III will examine the origins of legal authority during a pandemic at the federal, state, and local levels of government. Part IV will look at some of the specific legal issues that may arise during …

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …

Notable Bills Of The 2010 Virginia General Assembly

Richmond Journal of Law and the Public Interest

Includes House and Senate Bills from the 2010 General Assembly

Kevin A. Mcleod V. Utah State Retirement Board : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petition for Review from a Decision of the Utah State Retirement Board

Darwin Kocherhans V. City Of Orem And Jeffrey W. Pedersen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Fourth Judicial District Court, Utah County, State of Utah The Honorable Christine S. Johnson, District Court Judge Trial Court Case No. 090102287.

Jason And Melissa Miller V. Utah Department Of Transportation : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A FINAL JUDGMENT THIRD JUDICIAL DISTRICT COURT THE HON. ANTHONY QUINN REPLY BRIEF OF APPELLANTS AND CROSS-APPELLEE'S BRIEF ON CROSS APPEAL

An Act For All Contexts: Incorporating The Pregnancy Discrimination Act Into Title Ix To Help Pregnant Students Gain And Retain Access To Education, Kendra Fershee

Hofstra Law Review

Few would agree that pregnancy discrimination is a tolerable by-product of a modern society. Yet there is at least one segment of society where pregnancy discrimination can thrive - federally funded schools. Even though Title IX was passed in 1972 to bar discrimination in school based on sex, it is quite possible for schools to discriminate based on pregnancy with little impunity. Worse, those who suffer the discrimination cannot sue for the harms they suffered in federal court, nor can they seek monetary redress, even if they were financially harmed by the discrimination.

The status of Supreme Court precedent, coupled …

In Praise Of The Guilty Project: A Criminal Defense Lawyer's Growing Anxiety About Innocence Projects, Abbe Smith

Georgetown Law Faculty Publications and Other Works

There is nothing more compelling than a story about an innocent person wrongly convicted and ultimately vindicated. An ordinary citizen is caught up in the criminal justice system through circumstances beyond his or her control, spends many years in prison, and then one day, with the assistance of a dedicated lawyer, is freed.

Often, when DNA is behind a vindication, not only is the innocent person exonerated but the true perpetrator is identified. This is a significant achievement even though it can also lead apologists for the system—even police and prosecutors implicated in the wrongful conviction—to proudly declare that the …

Exporting U.S. Criminal Justice, Allegra M. Mcleod

Georgetown Law Faculty Publications and Other Works

This article explores how and why, in the Cold War’s wake, the U.S. government began to export U.S.-style criminal law and procedure models to developing and politically transitioning states. U.S. criminal law and development consultants now work in countries across the globe. This article reveals how U.S. initiatives have shaped state and non-state actors’ responses to a range of global challenges, even as this approach suffers from a deep democratic deficit. Further, this article argues that U.S. programs perpetuate U.S.-style legal institutional idolatry (which is often tied to systemic dysfunction both in the United States and abroad), and in so …

Leaps And Bounds, Nestor M. Davidson

Michigan Law Review

Imagine how stunted our understanding of the federal government would be without any detailed scholarly examination of the U.S. Constitution itself. As remarkable as that sounds, that is essentially the problem that Gerald Frug and David Barron have set out to remedy for local governments in their superb City Bound. In the book, Frug and Barron take a comprehensive, empirical look at the legal frameworks under which cities and other local governments operate, providing an invaluable roadmap for understanding the hidden architecture of legal constraints that-largely without notice-are shaping America's urban future. Why this kind of analysis has rarely been …

Dangerousness, Risk, And Release, Hadar Aviram, Valerie Kraml, Nicole Schmidt

UC Law Journal of Race and Economic Justice

No abstract provided.