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Articles 481 - 510 of 5285
Full-Text Articles in Entire DC Network
Debating When Clarence Thomas Should Recuse Himself Is The Wrong Argument, Bruce Ledewitz
Debating When Clarence Thomas Should Recuse Himself Is The Wrong Argument, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Freedom Of Religion Versus Freedom From Religion: A Case Study On Human Rights Protections And Limitations Of Religious Expression In American And French Constitutional And International Law, Caroline Morris
Senior Theses
The freedom of religion and the freedom from religion are notably different freedoms that result in different modes of implementation, protection, and limitation. On one hand, the United States focuses on the freedom of religion, or the freedom of an individual to practice their religion in the public sphere. This can easily be seen through the emphasis the United States places on students’ right to religious expression in public schools, protected through both judicial decisions and legislation such as the Equal Access Act. On the other hand, France focuses on the freedom of religion, or the freedom of an individual …
A Leak? The Supreme Court Tipped Its Hand On Abortion Long Ago, Bruce Ledewitz
A Leak? The Supreme Court Tipped Its Hand On Abortion Long Ago, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson
Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson
Honors Thesis
The United States is a nation steeped in values, and tradition. One of these values has always been the preservation of competition in the pursuit of liberty. The philosophical backing of America’s founding can be traced back to a handful of European thinkers, most notably John Locke. The connection between Locke, America’s founding, and continued struggles with antitrust enforcement are worthy of exploration. Though likely unintentional, rural communities have been left to deal with the impacts of weak antitrust enforcement in a number of key sectors. Chief of which is Agriculture. Consolidation is the new norm, with each stage of …
The Rule Of Law: “A” Relation Between Law And Morals, Alani Golanski
The Rule Of Law: “A” Relation Between Law And Morals, Alani Golanski
Northern Illinois University Law Review
H. L. A. Hart allowed that “there are many different types of relation between law and morals.” But he mostly, and sparingly, focused on law’s role in facilitating human survival, necessitating the legal system’s “minimum content of natural law.” Hart’s minimum-content view, in service of his concern to separate law and morals, spilled over into his laconic pronouncement on “legality,” typically deemed synonymous with the rule of law. He claimed that, if the legal system is to fulfill its social control function while abiding by legality, it will have to enact rules that are “within the capacity of most to …
The Demise Of The Bivens Remedy Is Rendering Enforcement Of Federal Constitutional Rights Inequitable But Congress Can Fix It, Henry Rose
Northern Illinois University Law Review
A federal statute allows a person whose federal constitutional rights are violated by state actors to sue for damages. There is no analogous federal statute that allows a person whose constitutional rights are violated by federal actors to sue for damages. In 1971, the United States Supreme Court allowed a suit for damages against federal law enforcement officials who allegedly violated Fourth Amendment rights to proceed directly under the Constitution, creating the Bivens remedy. Beginning in 1983, the Supreme Court reversed course and issued ten consecutive decisions in which it denied a Bivens remedy because no federal statute authorizes suits …
A New Approach To Felony Murder In Illinois, Jason M. Cieslik
A New Approach To Felony Murder In Illinois, Jason M. Cieslik
Northern Illinois University Law Review
In August of 2019, six teenagers drove to a rural area of Lake County, Illinois, in a stolen vehicle with the intention of burglarizing vehicles. Startled, the homeowner retrieved his gun, went out on the porch, and observed one of the teens approaching him, with what the homeowner determined to be a weapon. The homeowner fired his gun and killed one of the teens. The remaining five teens were charged with felony murder. At the time of this incident, Illinois applied the “proximate-cause theory” to felony murder. In response, the General Assembly amended the felony-murder rule with the intent to …
Fundamental First Amendment Principles, David L. Hudson Jr., Jacob David Glenn
Fundamental First Amendment Principles, David L. Hudson Jr., Jacob David Glenn
Northern Illinois University Law Review
First Amendment law is highly complex, even labyrinthine. But, there are fundamental principles in First Amendment law that provide a baseline for a core understanding. These ten fundamental principles are: (1) the First Amendment protects the right to criticize the government; (2) the First Amendment abhors viewpoint discrimination and often content, or subject-matter discrimination; (3) the First Amendment protects a great deal of symbolic speech or expressive conduct; (4) the First Amendment protects a great deal of offensive and even repugnant speech; (5) the First Amendment does not protect all forms of speech; (6) the First Amendment often depends upon …
Real Harm In A Virtual World: Establishing Federal Standing In The Seventh Circuit Under Illinois’S Biometric Information Privacy Act, Julia Lobo
Northern Illinois University Law Review
Illinois became the first state to regulate the collection and use of biometric information by private entities when it enacted the Biometric Information Privacy Act in 2008. In the years since, more and more businesses have begun to collect biometric information from their employees and customers. As lawmakers in other states and in Congress look to enact legislation to protect biometric privacy rights, their drafting choices may be informed by three recent Seventh Circuit decisions analyzing when a plaintiff alleging a violation of the Biometric Information Privacy Act has, or has not, established Article III standing as required to proceed …
Against The Death Penalty, Charles Jessup
Against The Death Penalty, Charles Jessup
Departmental Honors & Graduate Capstone Projects
My thesis is an argument against the death penalty. Given that public support for the death penalty in America is at a half-century low (according to the Pew Research Center), the timing could not be more appropriate to examine the death penalty. This research project had a two-step approach: first, ethical theory-based arguments for and against the death penalty were examined. Following that ethical theory-based examination, real-world statistics were applied to these theories to test where they stand in modern society. The findings contained in this research project point to a clear reality that the death penalty in America is …
How A Shuttered Bathroom At A Pgh Grocery Store Explains Structural Racism, Bruce Ledewitz
How A Shuttered Bathroom At A Pgh Grocery Store Explains Structural Racism, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Class Action, Amanda Morgan
Class Action, Amanda Morgan
Children's Book and Media Review
Sam is only in sixth grade, but his homework keeps him busy from morning until night. After months of forgoing fun, including playing his beloved piano and building a treehouse with his dad, Sam decides to take a stand. But when he does, he gets suspended. Sam is defeated until his next-door neighbor, a retired lawyer, tells him he has the right to a fair trial. With the help of his sister, his neighbor, and all his friends, Sam sues the board of education for infringing upon children’s rights. It gets all the publicity they could hope for, and before …
The 1994 Federal Crime Bill: An Evaluation Of The Past, Present, And Future Of Its Impact On The Criminal Justice System, Jade R. Philpot
The 1994 Federal Crime Bill: An Evaluation Of The Past, Present, And Future Of Its Impact On The Criminal Justice System, Jade R. Philpot
Honors College Theses
The 1994 Violent Crime Control and Law Enforcement Act was signed into law in response to the crack cocaine and crime epidemic of the 1980s. In this thesis I address the major elements of this bill, the racial, financial, and ethical conflicts that arose thereafter, and the reforms that should be implemented today to correct said conflicts.
Toomey’S Vote Against Ketanji Brown Jackson Set A Dangerous Precedent. Here's Why, Bruce Ledewitz
Toomey’S Vote Against Ketanji Brown Jackson Set A Dangerous Precedent. Here's Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
The Scholar: St. Mary's Law Review on Race and Social Justice
This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …
Understanding Liberty: The Constitution’S Neoliberal Turn, Amanda Shanor
Understanding Liberty: The Constitution’S Neoliberal Turn, Amanda Shanor
Yale Graduate School of Arts and Sciences Dissertations
The three major essays and two smaller pieces that form this dissertation focus on the recent deregulatory turn in U.S. constitutional law. They analyze changing, and often competing, understandings of liberty and its relationship to concepts of welfare, choice, democracy, and the purposes of the state. Over the past forty years plaintiffs have increasingly invoked the Constitution, and the free speech clause in particular, in efforts to avoid economic regulation. Areas of life that were once thought irrelevant to the Constitution have become the fodder of pitched litigation, circuit splits, top appellate practices, and United States Supreme Court review. This …
The Ethical Functions Of Deuteronomic Laws In Early Second Temple Judaism, Paul Cizek
The Ethical Functions Of Deuteronomic Laws In Early Second Temple Judaism, Paul Cizek
Dissertations (1934 -)
This study is about the ethical functions of Deuteronomic laws in the 3rd–1st centuries BCE: what they were and how to study them.Since the 1980’s boom in Hebrew Bible ethics studies, at least eight theses regarding the ethical functions of Deuteronomic laws in antiquity have become prominent. Though the scholars who advance these theses employ diverse methods, they commonly make the Deuteronomic laws themselves their direct objects of analysis, basing conclusions about how the laws functioned on the structure, logic, form, or historical and literary contexts of the laws. As Henry McKeating noted in 1979, however, how a law actually …
Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara
Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara
Independent Study Project (ISP) Collection
The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …
Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek
Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek
Dickinson Law Review (2017-Present)
Over the course of seven months in 1871, Congress did something extraordinary for the time: It listened to Black people. At hearings in Washington, D.C. and throughout the former Confederate states, Black women and men—who just six years earlier were enslaved and barred from testifying in Southern courts—appeared before Congress to tell their stories. The stories were heartbreaking. After experiencing the joy of Emancipation and the initial hope of Reconstruction, they had been subjected to unspeakable horror at the hands of white terrorists. They had been raped and sexually humiliated. Their children and spouses murdered. They had been savagely beaten …
Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd
Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd
Senior Honors Theses
The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, …
The Lawyer: Spring 2022, Seattle University School Of Law
The Lawyer: Spring 2022, Seattle University School Of Law
Lawyer
No abstract provided.
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito
Japanese Society and Culture
When, why, how, and by whom was “time” combined with “law” in Japan? This paper scrutinizes the issue based on Yoshiro Okada’s research, especially his most important works: Nihon no Koyomi and his thesis “Meiji no Kaireki: ‘Toki’ no chuo shuken-ka.” It is thus possible to understand how the political authorities used the unification of the calendar system to demonstrate their power and to govern the lives of the nation. Thereafter, “time” was used as a fundamental and important standard for judgment in the science of law, legalism, and the rule of law. In this process, “calendar (time) and law” …
Dilema Praktik Dumping Dan Hukum Antidumping : Antara Kepentingan Pengusaha (Produsen) Dan Masyarakat (Konsumen), Yulianto Syahyu
Dilema Praktik Dumping Dan Hukum Antidumping : Antara Kepentingan Pengusaha (Produsen) Dan Masyarakat (Konsumen), Yulianto Syahyu
Jurnal Hukum & Pembangunan
Antidumping provisions have been listed since the agreement of GATT in 1947, and provisions regarding anti-dumping agencies are regulated in Article VI GATT. The provision also recommends that each member state implements the provisions of GATT in their respective national legal systems. As a form of implementation of these provisions in the national legal system, Indonesia has issued regulations governing Antidumping. However, there is a dilemma in terms of dumping practices and the implementation of anti-dumping laws in Indonesia, because in this case it must be seen from two sides of interest, not only in terms of the interests of …
There Are Limits To The American Renaissance Over Ukraine, Bruce Ledewitz
There Are Limits To The American Renaissance Over Ukraine, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Ukrainians Are Fighting And Dying To Defend Their Homes. Could I Do The Same?, Bruce Ledewitz
Ukrainians Are Fighting And Dying To Defend Their Homes. Could I Do The Same?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Review Essay: A Contribution To The Debates About Law, Non-Violence, And The Struggle For Democracy, Walter J. Kendall Lll
Review Essay: A Contribution To The Debates About Law, Non-Violence, And The Struggle For Democracy, Walter J. Kendall Lll
The Journal of Social Encounters
No abstract provided.
Sticky Situations: Understanding The Law And Life, Krystal Banks
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.
What Does The Jan. 6 Committee Hope To Learn From Sen. Doug Mastriano?, Bruce Ledewitz
What Does The Jan. 6 Committee Hope To Learn From Sen. Doug Mastriano?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler
Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler
Utah Law Faculty Scholarship
How might the United States reconcile conflicts between equality and religious freedom in the realm of family law? To answer this question, this chapter considers recent developments in family (personal status) law in Israel. While Israel may at first blush appear to be the last place that feminists and queer theorists should look for solutions to modern conflicts between democratic and religious values, this chapter argues that the Israeli experience has much to offer critical family scholars working to develop pluralistic legal approaches to family regulation. Israel is a country with a diverse population and unique political and legal context …
The Future Of Law And Neuroscience, Owen D. Jones
The Future Of Law And Neuroscience, Owen D. Jones
Vanderbilt Law School Faculty Publications
I was asked to speculate about where the field of Law and Neuroscience may be ten years from now. In that spirit (and while recognizing that the future rarely complies with our predictions) I attempt here some extrapolations. I first consider potential advances in the technologies for monitoring and manipulating brain states, the techniques for analyzing brain data, and the efforts to further integrate relevant fields. I then consider potential neurolaw developments relevant to: (1) detecting things law cares about; (2) individualizing developmental states and brain states; (3) evidence-based legal reforms; (4) legal decision-making; and (5) brain-brain interfaces.