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The Future Of Bail Reform In The United States, Mary Gorham

Senior Theses

This thesis examines bail reform, specifically cash bail reform, across several jurisdictions in the United States. The goal of this research is to provide a synthesis of the literature and reform efforts at the state and federal levels. Importantly, this thesis will examine recent modifications to the cash bail systems in four states. in order to get a balanced perspective on the success of these reform efforts. In the pages that follow, there will be a presentation of the literature review and a discussion of the reforms that have been undertaken since 2015. Additionally, this thesis will discuss how the …

There Is Something That Our Constitution Just Is, Evan D. Bernick, Christopher R. Green

College of Law Faculty Publications

Historian Jonathan Gienapp has launched a collection of widely celebrated attacks on originalism. He charges originalists with culpable neglect of the legal and political context in which the Constitution was framed and claims that the idea of a written Constitution was not prevalent in 1787 or 1788. Indeed, he goes so far as to call it a "myth."

This Article critiques Gienapp's arguments, contending that he is perpetuating myths of his own. It is not true that originalists haven't seriously investigated what sort of thing the Constitution is. It is not true that there was widespread, fundamental disagreement during the …

What Bad Decisions By Ron Desantis And Gavin Newsom Have In Common, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Collection Due Process At Twenty-Five: A Still Important And Needed Check On Irs Collection, Leslie Book

Faculty Publications

No abstract provided.

The Mechanics Of Share Repurchases Or How I Stopped Worrying And Learned To Love Stock Buybacks, Richard A. Booth

Faculty Publications

Stock repurchases by issuing corporations have always been controversial. They have become even more so recently because of the perception that the excess funds used to finance them have come from tax cuts and other sources (such as government bailouts) that were intended to stimulate reinvestment or enhanced wages and benefits for workers. As a result, critics have proposed amendments to tax law that discourage buybacks (and possibly dividends as well). The theory is that the benefits of such distributions go mostly to executives (who are compensated in large part with equity) and to already wealthy stockholders. The controversy is …

The Panama Canal Treaties Were Carter’S Biggest Foreign Policy Win, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy & Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

The Evolution Of The ‘Trade And …’ ‘Debate’: A View From Asean, Locknie Hsu

Research Collection Yong Pung How School Of Law

This article explores the ‘Trade and …’ ‘Debate’ in the context of trade and environment issues. It provides an explanation of the evolution of discussions of such issues in a non-dispute settlement context, using developments in the Association of Southeast Asian Nations’ integration efforts as illustrations. It also highlights a number of opportunities for trade and environment collaboration in negotiations for free trade agreement and Digital Economy Partnership Agreements.

What Both Sides Of The Abortion Fight Can Learn From Antonin Scalia, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Why I Am No Longer A Jew, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

By Any Measure, Liberal Democracy Is Superior. Here’S Why, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Future Of American Legal Tech: Regulation, Culture, Markets, Benjamin H. Barton

Book Chapters

America’s legal technology boom presents a puzzle. On the one hand, America’s market for legal services is among the most tightly regulated in the world, suggesting infertile ground for a legal technology revolution. America has the world’s most robustly protected lawyer monopoly. Its version of the prohibition against the unauthorized practice of law (UPL) is among the broadest and most aggressive in the world because it theoretically bans all non-lawyers from giving any “legal advice” in addition to the more typical bar against filing papers or appearing in court. Likewise, America’s barriers to entering the legal profession are exceedingly high: …

If I Were A Betting Man: Some Predictions For The Year We Have Left, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei

Liberty University Journal of Statesmanship & Public Policy

Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …

On Pope Benedict, Science, Faith, And His Legacy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Sanksi Hukuman Mati Bagi Penyalahguna Narkotika Dalam Perspektif Ham Berdasarkan Konstitusi, Dharma Rozali Azhar D

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The death penalty is a legal act that is legitimized by the state. In the context of the constitution, the death penalty has created a contradiction in the norms in Article 28 I paragraph (1) and Article 28 J paragraph (1) and paragraph (2) which specifically focus on the right to life as a fundamental right that is very fundamental and divine in nature and the right to life of people. others who also may not be removed by anyone on purpose for any reason. The death penalty in the context of narcotics does not aim to repay crime for …

An Alternative To The Independent State Legislature Doctrine, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Openness Of Talmud, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Absurdity Of Criminalizing Encouraging Words, Eric Franklin Amarante

Scholarly Works

This article discusses the Supreme Court’s holding in Hansen v. U.S., which upheld a statute that makes it a felony to encourage an undocumented person to remain in the United States.

Table Talk: Short Talks On The Weightier Matters Of Law And Religion, John Witte Jr.

Center for the Study of Law and Religion Books

“Table talks” have long been a familiar genre of writing for jurists, theologians, politi­cians, and novelists. In this little volume, thirty sage reflections on how to thrive in law school and in the legal profession are offered: short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth …

Corruption: A Driving Force For Corporate Complicity In Human Rights Violations, Olayinka Reis

Intercultural Human Rights Law Review

Corruption undermines the legitimacy of institutions and processes, the rule of law, and eventually, the state. Over time, the U.N. Human Rights Council has gradually paid increasing attention to the negative impact of corruption on human rights and made recommendations to states on how to combat corruption. Corruption is an inter-national phenomenon, prevalent in all countries regardless of eco-nomic or political systems, and it requires international attention from all stakeholders. The subset of a population that feels the effects of corruption are those disadvantaged groups, who typically have less opportunities to participate in the implementation of public policies and lack …

Front Matter

Intercultural Human Rights Law Review

Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 18 (2023).

The Wolf In Sheep's Clothing: How Historical And Blight Designations In The Absence Of Constitutional Safeguards Can Render Property Rights Illusory, Kyle B. Teal, Dane L. Stuhlsatz

St. Thomas Law Review

This article summarily analyzes those more subtle forms of property rights infringement, including historical designations and blight designations, and it critiques laws in place that purport to grant local government the authority to assert such designations. This article also provides a summary of the causes of action owners aggrieved by unjust designations could bring in response, and critiques the flaws in those elective safeguards, which are prevalent even in property rights friendly jurisdictions such as Florida. It then proposes high-level solutions to enact legislation to limit fee exposure for property owners who bring inverse condemnation actions and Bert J. Harris …

Dog Owners Deserve Public Housing: Why Florida's Dog Breed Restrictions Are Discriminatory And Should Be Repealed, Melissa Betancourt

St. Thomas Law Review

This Comment analyzes why dog breed restrictions are discriminatory and ineffective, and how responsible dog owners throughout Florida lack access to inclusive public housing laws. Part II provides background on the breed-specific ordinances in Florida and Public Housing Authorities, including history and definitions. Part III discusses why breed-specific legislations are ineffective, and Florida’s recent attempts to eliminate them. Part IV considers three solutions to trump over Florida’s dog breed restrictions and aid dog owners during the current housing crisis. Lastly, Part V will summarize and conclude the analysis throughout the Comment.

Fish Kills' Hidden Link How Animal Feeding Operations Hurt Florida's Coastal Businesses, Julia Williams

St. Thomas Law Review

This paper proposes that agricultural water pollution should be further limited. As water pollution laws have thus far failed to adequately guard against nutrient pollution, despite abundantly available regenerative agricultural models, this three-part solution aims to empower citizens and the business industry to hold animal feeding operations accountable. To that end, this paper proposes: (1) expanding Florida’s Red Ride Task Force; (2) educating citizens via a media campaign; and (3) mandating feeding operations participate in Florida’s now voluntary Environmental Stewardship Certification Program. Part II of this paper describes the scientific process whereby discharge from animal feeding operations causes Florida’s fish …

Resolving Establishment Clause Issues Is No Longer "Easy-Peasy, Lemon-Squeezy", Daniela Cecilia Pachon

St. Thomas Law Review

The notion of separating Church and State is one that is deeply rooted in American history. Although simple on its face, as the American population grows more diverse, the idea of separation has become a convoluted concept difficult to apply. In an attempt to create a “one-size-fits-all” solution to issues regarding government intruding on the individual’s religious freedoms, the Supreme Court developed a tripartite test to determine whether a statute violated the Establishment Clause. In Lemon v. Kurtzman, the Court combined several tests originating in prior case law to develop the singular, infamous Lemon test. However, in June 2022 with …

Emerging Technology’S Language Wars: Cryptocurrency, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Work at the intersection of blockchain technology and law suffers from a distinct linguistic disadvantage. As a highly interdisciplinary area of inquiry, legal researchers, lawmakers, researchers in the technical sciences, and the public all talk past each other, using the same words, but as different terms of art. Evidence of these language wars largely derives from anecdote. To better assess the nature and scope of the problem, this Article uses corpus linguistics to reveal the inherent value conflicts embedded in definitional differences and debates related to developing regulation in one specific area of the blockchain technology ecosystem: cryptocurrency. Using cryptocurrency …

Equal Protection Against Policing, Evan D. Bernick

College of Law Faculty Publications

A White police officer pins his knee against a Black man’s neck. The Black man lies prone. He says he can’t move. He says he can’t breathe. He says he’s through. He pleads for his mama. He moans, gasps, and writhes. Blood runs out of his nose and mouth. After eight minutes and forty-six seconds, George Floyd is dead.

Videos of the killing went viral. All four of the Minneapolis Police Department officers who arrested Floyd for allegedly using a counterfeit $20 bill at a convenience store were fired. Derek Chauvin—who held his knee to Floyd’s neck—was initially charged by …

The Prospect And Perils Of Climate Preemption For Public Health, Sarah Fox

College of Law Faculty Publications

Climate change is disrupting many communities in the United States and around the world. Climate events like heat waves, hurricanes, drought, fire, and flooding will become much more frequent, and with them will come the need for robust health care responses. Given the widespread and boundary-crossing nature of the problem, an ideal response would possibly originate at the federal or state level. As illustrated by the COVID-19 pandemic, however, there is little guarantee that such a response will be forthcoming. Recent foreclosures of federal options for handling climate change make such a response even less likely. Instead, it seems likely …

What Is The Object Of The Constitutional Oath?, Evan D. Bernick, Christopher R. Green

College of Law Faculty Publications

How and why are public officials today obliged to follow the Constitution? Article VI gives us a crystal-clear answer: They are bound “by oath or affirmation, to support this Constitution.” But what is “this Constitution”? American constitutional culture today describes its Constitution in ways that presuppose that the Article VI oath binds officeholders to an external, objective, common object: the same commitment for all oath-takers today, and the same commitment today as in the past. Justices on the Supreme Court took their constitutional oaths at different times, spread out over 31 years from 1991 to 2022, but they claim to …