Digital Commons Network^™

Prosecutorial Supervision Over The Observance Of The Rights Of Minors, Ahmedov Farhod Xusanovich

ProAcademy

The article considers the prosecutor's supervision over the investigation of crimes in the field of information technology. In addition, it was concluded that the participation of the prosecutor in the civil process is effective, but not fully. It is necessary to expand the powers of the prosecutor to apply to the courts and intervene in the process to give an opinion, the legal grounds for the participation of the prosecutor in the consideration and resolution of civil cases on the protection of the rights and legitimate interests of minors, and also to provide the prosecutor with the right to participate …

Why Do Pa. Courts Have A Say On Mail-In Voting? They Probably Shouldn't, Bruce Ledewitz

Newspaper Columns

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

How The U.S. Supreme Court Is Inviting The Senate To Scrap The Filibuster, Bruce Ledewitz

Newspaper Columns

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

The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer

Scholarly Works

This article examines a rare folk ballad to revisit an 1888 Tennessee trial that newspapers referred to as the fastest in the country in which the death penalty was involved. If we look at this event using court records and newspapers, it tells a regrettably common story of a court under pressure from the populace skirting the protections of law. However, if we consider the trial as a performative endeavor, we can rightly consider other performative events, like folk songs, not as reflective of official events but as equivalents that help provide insight into the larger motives behind the court’s …

The False Dichotomy Of Sex And Religion In America, Kelsy Burke

Department of Sociology: Faculty Publications

Religion and sexuality are polysemic categories. While conservative religion often fights against progressive sexual politics in contemporary America, this “usual story” is fractured and destabilized by people navigating the relationship between religion and sexuality as complex social creatures, not pundits or caricatures. Drawing from interdisciplinary scholarship, I examine salient issues of sexual politics—including abortion and reproductive rights, LGBT rights, and pornography—to show how religious actors have been on both sides of these debates. Because of this polysemic complexity, scholars of religion must not only tend to the dynamic interaction between religion and other categories, we must also recognize and study …

Janus V. Afscme, Revisited, Benjamin Derek Morse

Dissertations, Theses, and Capstone Projects

In the days after the Supreme Court handed down its ruling in Janus v. AFSCME (2018)—a 5-4 conservative majority decision deeming the imposition of public union agency fees unconstitutional under the First Amendment—observers declared the end of public-sector unions. The Times called the ruling a “Sharp Blow ''[1] to organized labor. A Washington Post headline deemed the decision a “major blow”[1] [2] In the former piece, the Time’s Supreme Court correspondent wrote that “most of the labor movement’s strength these days is in the public sector. The [Janus] ruling contained a final blow for public …

Consciousness Explained Or Described?, Aaron Schurger, Michael S. A. Graziano

Psychology Faculty Articles and Research

Consciousness is an unusual phenomenon to study scientifically. It is defined as a subjective, first-person phenomenon, and science is an objective, third-person endeavor. This misalignment between the means—science—and the end—explaining consciousness—gave rise to what has become a productive workaround: the search for ‘neural correlates of consciousness’ (NCCs). Science can sidestep trying to explain consciousness and instead focus on characterizing the kind(s) of neural activity that are reliably correlated with consciousness. However, while we have learned a lot about consciousness in the bargain, the NCC approach was not originally intended as the foundation for a true explanation of consciousness. Indeed, it …

The Big Lie Is Undermining Our Democracy. Both Parties Need To Defeat It, Bruce Ledewitz

Newspaper Columns

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

Sure, Things Seem Bad. But There Are Some Reasons To Be Cheerful In 2022, Bruce Ledewitz

Newspaper Columns

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

On Controlling The Supreme Court: Is There A Future For American Law?, Bruce Ledewitz

Ledewitz Papers

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

Common Law Divorce, Michael J. Higdon

Scholarly Works

Common law marriage has existed in the United for more than 200 years. Although not permitted as widely today, every state continues to recognize a common law marriage from one of the handful of states that still permit parties to wed in this informal manner. In contrast, never has there been anything even approaching common law divorce—and for good reason. Namely, the states’ desire to ensure that those who leave unsuccessful marriages do so in such a way that their interests (as well as their children’s) are adequately protected. Nonetheless, even though not sanctioned by law, informal divorce not only …

What The Lawyer Well-Being Movement Could Learn From The Americans With Disabilities Act, Alex B. Long

Scholarly Works

In 2017, the ABA National Task Force on Lawyer Well-Being published The Path to Well-Being: Practical Recommendations for Positive Change, a report that contained numerous recommendations concerning how the legal profession can better address the alarming rates of depression, anxiety, and substance abuse within the legal profession. Since the publication of the report, there have been numerous ethics opinions, bar journal reports, and articles dealing with one issue in particular: the ethical duty on the part of law firm partners and management to supervise or to otherwise take action with respect to another lawyer who may be experiencing depression, anxiety, …

Prospective Student Information Booklet (2021-22), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

Order Up! The Krystal Company Bankruptcy, W. Preston White, Jonathan E. Williams

Chapter 11 Bankruptcy Case Studies

No abstract provided.

This Earthly Frame: The Making Of American Secularism, Bruce Ledewitz

Ledewitz Papers

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

Getting Out Of The Woods: Boy Scouts Bankruptcy, Dalton Maddox, Savannah Mcmillan

Chapter 11 Bankruptcy Case Studies

No abstract provided.

Deflect, Delay, Deny: A Case Study Of Segregation By Law School Faculty Before Brown V. Board Of Education, Briana Lynn Rosenbaum

Tennessee Law Review

Many histories of school desegregation litigation center on the natural protagonists, such as the lawyers and plaintiffs who fought the status quo. Little attention is paid to the role that individual faculty members played in the perpetuation of segregated legal education. When the antagonists in the historiographies do appear, it is usually as anonymous individuals and groups. Thus, "the Board of Regents" refused to change its policy and "the University" denied a person's application.

But recently discovered and rarely accessed historic documents provide proof of the direct role that some law school faculty members played in the perpetuation of segregation. …

The Dean's Welcome Address (2022 Intercultural Human Rights Law Review Symposium), Tamara F. Lawson

Intercultural Human Rights Law Review

Dean Tamara F. Lawson's welcome address for the 2022 Intercultural Human Rights Law Review Annual Symposium.

Welcoming Address, Siegfried Wiessner

Intercultural Human Rights Law Review

Siegfried Wiessner's (Professor and Intercultural Human Rights Program Director) welcoming address for the 2022 Intercultural Human Rights Law Review Annual Symposium.

Stop The Steal: The History Of Voter Suppression In America, And Who Is Really Stealing Votes?, Cheryl T. Page

Intercultural Human Rights Law Review

President Barack Obama once quipped, "elections have consequences." It is clear that 245 years later, the Founding Fathers understood the implications of voting and the weight it carries. These men knew that to maintain power, they would have to limit the people that would have the ability to vote. These fifty-six men who represented the new thirteen colonies met on July 4, 1776, to sign what would be called the Declaration of Independence. In part are the words: "[w]e hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain …

Session 1: The Death Penalty In The United States, Edith Georgi, Annemarie Harris Block, Hannah Gorman

Intercultural Human Rights Law Review

Session 1 of the 2022 Intercultural Human Rights Law Review Annual Symposium, entitled "The Death Penalty in the United States".

The Usa's Engagement With The Un's Human Rights Committee On The Question Of Capital Punishment, Alice Storey

Intercultural Human Rights Law Review

The engagement of the United States of America ("USA') with international human rights is fractious. The U.N. treaty bodies monitor U.N. Member States' implementation of human rights treaties, which takes place through cyclical reviews. The treaty bodies are led by independent human rights experts, and, in recent years, civil society organizations have also been able to submit reports to these reviews. In order to provide an example of how the USA interacts with international human rights, this article uses the case study of the USA's engagement with the Human Rights Committee (the Committee) on the question of capital punishment. The …

The Armenian Genocide, Customary International Law, And U.S. Recognition, Jordan Koopmans

Intercultural Human Rights Law Review

This article asserts that President Biden's statement recognizing the Armenian Genocide of 1915 illustrates that genocide was prohibited by customary international law when the genocide started. It examines possible legal theories to explain U.S. recognition as well as historical evidence and statements made by other states to establish that there is a strong case for genocide already outlawed by customary international law in 1915. This provides a foundation for the article's assertion and subsequent legal analysis of the United States' statements of recognition under a customary international law theory, concluding that this is the most likely legal theory the U.S. …

Pyrrhic Defeat Theory: The Lucrative Failure Of Prison Privatization, Abdy Javadzadeh

Intercultural Human Rights Law Review

This paper examines the present criminal justice system in the United States and specifically the privatization of the prison system by using Professor Jeffery Reiman's Pyrrhic Defeat Theory to decipher and dissect the privatization of the prison system. Further, this theory will be used to explain such severe social control measures for not only the purposes of profit maximization on behalf of private corporations building, managing, and writing prison policy, but to concretize the existing racial and class structure in the U.S. Using Pyrrhic defeat theory (success through failure), one could expound the intentions and consequences of American privatization of …

Custodian Or Not: Scrivener's Error In A Bankruptcy Code Safe Harbor, Thomas E. Plank

Scholarly Works

No abstract provided.

Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway

Faculty Scholarly Works

I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …

The Constitutional Issues Of Publishing Mugshots In The Age Of Screenshots And Digital Media, Ryan J. Mcelhose

St. Thomas Law Review

This paper takes the position that American people’s Due Process rights are violated when their mugshots are digitally disseminated prior to a conviction. The press’s First Amendment rights are not violated by not having access to pre-conviction booking photos because the press can report on other publicly accessible information. The same conclusion can be made relating to private citizens and private companies who assert that their Freedom of Speech rights are violated by not having access to obtain, publish, and disseminate pre-conviction mugshots. Existing scholarship has addressed the issue of publishing mugshots with privacy arguments related to the Freedom of …

Essays On Crime And Law, Morgan Elaine Stockham

CGU Theses & Dissertations

Civil law and public policy often are related to crime in complex and interesting ways. The following dissertation explores the intersections of divorce law and public policy with criminal outcomes. Within my first chapter, we attempt to identify the causal effect of wages on a prosecutor’s effort by studying an exogenous salary increase in New York. We measure the performance by the likelihood that a conviction is upheld when appealed. If the efficiency wage theory explains behavior, then the exogenous wage shock should entice better performance. Alternatively, if individuals who hold office are motivated primarily by an intrinsic motivations rather …

State Spoliation Claims In Federal District Courts, Jeffrey A. Parness

College of Law Faculty Publications

The increasing amounts of electronically stored information (ESI) relevant to civil litigation, and the ease of their loss, caused federal lawmakers explicitly to address the possible consequences of certain pre-suit or post-suit ESI losses. These lawmakers acted in both 2006 and 2015 through Federal Civil Procedure (FRCP) 37(e). But they acted only on certain ESI. Their actions have prompted increasing attention to the significant risks of pre-suit and post-suit losses of all ESI, and of non-ESI, otherwise discoverable in civil actions. In addition, their actions have spurred increasing attention to the availability of substantive law claims involving spoliation of information …

Abortion And Safe Haven Laws, Jeffrey A. Parness

College of Law Faculty Publications

Notwithstanding the assertions of the State of Mississippi, of one amicus, and of Justice Amy Coney Barrett in Dobbs v. Jackson Women’s Health Organization, abortion laws and safe haven laws are oil and vinegar. Not only do they not mix, but safe haven laws in some ways support the continuing validity of the balance on individual privacy interests and legitimate governmental interests struck in the Roe v. Wade decision on abortion. Both abortion availability laws and safe haven laws advance the interests of women who choose not to parent children within their existing family structures. But safe haven laws, …