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Fsu Law Focus - 08/09/2024, Fsu College Of Law Office Of Communications

FSU Law Focus Newsletter

From the Dean: The Princeton Review's 2024 rankings (third best for quality of life, sixth best for professors, first for resources for women, and sixth for resources for minority students); Faculty Profile: Rima Nathan ('19) Receives AARP Florida Award; Celebrating 2024 Grad Sarai Glaze

Fsu Law Focus - 09/20/2024, Fsu College Of Law Office Of Communications

FSU Law Focus Newsletter

From the Dean: The 2024 Alumni Awards; It's Almost Fall Fundathon Time!; Student Profile: 3L Tara Bagherlee

Kids In Care: Unaccompanied Children In Federal Government Custody, Lauren Heidbrink Ma/Ms, Phd, Sarah Diaz Jd, Llm

Center for the Human Rights of Children

No abstract provided.

Textiles, Dress And Politics: A Diachronic Perspective Through The Case Studies Of Ancient Rome And Medieval Iceland, Meghan Korten, Zofia Kaczmarek

Textile Crossroads: Exploring European Clothing, Identity, and Culture across Millennia

People dress for more than just aesthetic reasons. Over the centuries, dress became a sign of human civilization, allowing us to identify the origin, gender, and status of the wearer. Textiles and clothing influence our body, posture, movements, and the way we are perceived by society. Textiles are also a tool used by people to further their agenda, that is why they found their place in the political life of many ancient and modern societies.

According to Michel Foucault, power can be understood as a set of activities influencing the life of the other: It provokes, forbids, or permits, but …

What Does It Mean To Be An Ethical Lawyer? The Importance Of Context, Lynn Mather, Leslie C. Levin

Bibliography of Research Using UMLS Alumni Survey Data

Although the entire legal profession shares a single ethical code, lawyers’ understanding of what it means to be “ethical” shows considerable variation. This article discusses the factors that shape lawyers’ ethical conduct in practice. We review the role of legal education, bar associations, the workplace, and hard and soft regulators in the construction of lawyers’ ethical values. We then explore the important role that practice contexts play in shaping lawyers’ understanding of appropriate ethical conduct. Some of the key explanatory factors for differences among lawyers include type of client, office size, specialty and specialization, regulators, and the extent to which …

Part 5: Are Disability Rates Rising In Hampton Roads?, Dragas Center For Economic Analysis And Policy, Old Dominion University

State of the Region Reports: Hampton Roads

In this chapter, we examine one particular corner of a much larger disability story – those individuals who have a work history and subsequently seek to receive income from the Social Security Administration because of that disability. Contrary to what many people believe, both the number of applications for worker disability and rates of approval of those applications have trended downward in recent years. We explore the differences in disability rates and workers across Hampton Roads.

Dignity Deferred: Supriyo V. Union Of India And Lgbtq Rights, Ryan Thoreson

Faculty Articles and Other Publications

In Supriyo v. Union of India, a five-judge bench of the Supreme Court declined to find that same-sex couples have a right to marry under India’s Constitution. The various opinions in the case repeatedly recognised and affirmed the dignity of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people, but ultimately found that exclusion from civil marriage did not run afoul of constitutional guarantees. In this Essay, I examine the limited understanding of dignity employed by the bench in Supriyo, juxtaposing this with both domestic and comparative LGBTQ rights decisions that embraced a more substantive understanding of dignity. I argue that …

Right To Counsel For Tenants Facing Eviction: Justification, History, And Future, John Pollock

Fordham Urban Law Journal

No abstract provided.

The Necessary And Proper Stewardship Of Judicial Data, Aziz Huq, Zachary Clopton

Articles

Governments and commercial firms create profit and social gain by exploiting large pools of data. One source of valuable data, however, lies in public hands yet remains largely untapped. While the deep reservoirs of data produced by Congress and federal agencies have long been available for public use, the data produced by the federal judiciary is only loosely regulated, imperfectly available to the public at large, and largely ignored by scholars.

The ordinary process of litigation in federal courts generates an enormous volume of data. Especially after recent developments in large language models, this data holds immense potential. It can …

R. V. Sharma: Reckoning With Destabilizing Truths In Constitutional Equality Adjudication, Debra Parkes, Sonia Lawrence

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

The Supreme Court of Canada’s 2022 decision in R. v. Sharma provides a window on contemporary but divergent judicial approaches to systemic racism in the criminal legal system and how these inform equality challenges based on race. The Sharma majority follows a trend identified by Efrat Arbel in recognizing the “crisis” of Indigenous mass incarceration using language which diffuses the causes of the crisis and does not generate urgent redress. However, in some cases, including in the Sharma dissent, recognition by judges can be an acceptance of accountability as part of the system which has produced these effects. We then …

On The Genealogy Of Intimate Digital Harm, Aziz Huq

Articles

No abstract provided.

The Town Of Meredith, New Hampshire 2023 Annual Report For The Fiscal Year Ended December 31, 2023., Meredith Town Representatives

Meredith, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

2024 Youth Transitions Advisory Council Annual Report, Tennessee Commission On Children And Youth, Tennessee. Youth Transitions Advisory Council.

Annual Reports

In accordance with T.C.A. 37-2-601 – 37-2-606 the Tennessee Commission on Children and Youth is pleased to provide the 2024 Annual Report of the Youth Transitions Advisory Council. The Youth Transitions Advisory Council brings dedicated advocates together from across the state who are developing and implementing new strategies to meet the challenges of engaging former foster youth and other young adults as they make the critical transition from adolescence to adulthood. This report outlines the work of the Youth Transitions Advisory Council as the members continue to develop strategies to assist these young adults as they prepare for success in …

Key Developments At The World Bank Inspection Panel (2013-2024), Dilek Barlas

Perspectives

Through the lens of important cases, this essay reflects on major developments that occurred at the Panel during the tenure of the author as the Executive Secretary of the World Bank Inspection Panel and shows how the Panel has evolved to improve accessibility, has influenced overall development policies, and has become a catalyst for institutional change. The essay observes that the Panel’s success has largely been due to its structural and operational independence, reporting as it does directly to the Bank’s Board of Executive Directors. However, there are challenges facing the Panel on certain issues, including most importantly its independence, …

Second Look Myopia: State Sentencing Reform And The Local Prosecutorial Response, Alexandra Harrington

Journal Articles

This Article advises caution against over-reliance on local prosecutors’ offices to effect second-look reforms and to filter cases worthy of review. Using the lens of New York’s recent second-look law, the Domestic Violence Survivors Justice Act (DVSJA), I analyze the ways in which the local prosecutor can serve as a functional barrier to statewide implementation of sentencing reform. The New York State Legislature enacted the DVSJA—after advocacy from hundreds of directly impacted individuals, stakeholders, and organizations and after significant opposition from only the District Attorneys’ Association—to change the way the State sentences survivors of domestic violence. The DVSJA also allows …

Charter Schools And Emos: Who's In Charge, Brendan Glynn

American University Business Law Review

Charter schools are a popular sight in the educational field today. For the IRS to consider a charter school a 501(c)(3) organization, nonprofit charter schools must be organized and operated exclusively for educational purposes, meaning purposes relating to the instruction of individuals to improve their capabilities. To be organized for educational purposes, the articles of the organization must limit the entity to educational purposes while also preventing the organization from engaging in substantial noneducational activities. To operate exclusively for educational purposes, an organization’s activities must be substantially in furtherance of educational purposes while also not substantially benefitting a private individual. …

Docket Part 1 (Entries 1 - 4888)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

Includes filings from September 18, 1970 - August 31, 1978

American Fiction: Overturning The Doctrine Of Immigration Entry Fiction As Established In Shaughnessy V. Mezei, Dahlia Wilson

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Prosecutorial Independence Lost: How Prosecutorial Bureaucracy Is Politicized In South Korea, Neil Chisholm

Emory International Law Review

How is prosecutorial independence lost? How does a prosecution system’s design affect its political independence? This Article analyzes the inner workings of South Korea’s Prosecutors’ Office, which adheres to the Continental European style of prosecutorial organization and independence that emphasizes mechanisms of bureaucratic accountability for prosecutors. Based on interviews with prosecutors, police, judges, lawyers, scholars, and activists, it shows how independence is lost in three key areas of prosecutorial activity: personnel policy, investigations, and charging decisions. This article argues that aspects of the Continental tradition make prosecutors vulnerable to politicization.

Personnel policy has selected prosecutors meritocratically at young ages, trained …

Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner

Case Western Reserve Journal of International Law

Extreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal …

Radical Therapeutic Jurisprudence, Inbar Cohen

Journal of Health Care Law and Policy

No abstract provided.

Slavery Still Exists And May Have Produced Your Hairdryer, Katherine Pratty

American University International Law Review

In 2020, the International Labour Organization (“ILO”) estimated that forced labor generated $51 billion USD. Many profiteers are not individual bad actors, but rather, corporations. Recently it came to light that one corporate profiteer is the multinational technology manufacturing company, creator of the most awarded hair care device in 2021: Dyson Limited. While Dyson has received praise for its products, Malaysia charged Dyson’s main production factory, ATA IMS, with labor law violations. Shortly thereafter, in February 2022, UK law firm Leigh Day publicly announced its suit against Dyson on behalf of the workers in Dyson’s Malaysia factory.

This Comment analyzes …

Between A River And A Wall: An Impossible Choice For Migrants Living Under Operation Lone Star And S.B. 4, Salimah Khoja, Paulina Leyva Hernandez

City University of New York Law Review

In 2023 the Texas legislature passed Senate Bill 4 (“S.B. 4”), which empowers state and local law enforcement agencies to engage in immigration enforcement by arresting and deporting migrants who are suspected of crossing the southern border. Anti-immigrant state laws like Texas’s S.B. 4 and Arizona’s Senate Bill 1070 (“S.B. 1070”) were created to test the limits of state power and limit the reach of federal immigration enforcement within the states. Legal challenges to state laws like S.B. 4 and S.B. 1070 demonstrate the ongoing tension between federal and state governments related to authority over immigration matters, even though immigration …

Meaningful Or Meaningless? The Temporal Scope Of The Constitutional Right Of Access To Courts For Incarcerated Litigants, Alison Aimers

Cardozo Law Review de•novo

This Note will advocate for the position taken by the Third and Seventh Circuits that incarcerated individuals’ right to affirmative assistance in accessing legal materials extends past the pleading stage to all stages of civil rights claims and post-conviction criminal appeals. U.S. Supreme Court precedent supports this position, and judicial clarity on this issue is required to best protect the constitutional right of access in light of significant existing barriers to incarcerated litigants’ access to courts.

Implementing Aba Standard 303(B)(3): Positive Legal Education Through A Community Of Inquiry, Joshua Aaron Jones

Faculty Scholarship

According to William Adams, Executive Director of Legal Education and Bar Admissions at the American Bar Association (ABA), “Full implementation [of 303(b)(3)] [was] expected by 2023.” The revised Standard requires that law schools provide “substantial opportunities” for professional identity development (PID). Though the ABA’s Standards and Rules of Procedure for Approval of Law Schools and the related interpretations allow flexibility, the ABA left law schools without detailed guidance; without a unified professional identity concept, law schools across the country will implement a patchwork of programs, some stronger than others, that may curtail a global strengthening of the profession. Fortunately, scholars …

Juror Privacy Via Anonymity, Jayne S. Ressler

Fordham Law Review

Anonymous juries delivered verdicts in the hush-money criminal trial of Donald J. Trump, as well as both of E. Jean Carroll’s defamation cases against him. After the defamation cases concluded, the judge cautioned the jurors against ever publicly revealing their identities. This was sound advice, as recent doxing, threats of violence, and online posts filled with hatred and vitriol illustrate the dangers facing American jurors. The scholarly literature analyzing anonymous juries focuses primarily on the propriety of their use in criminal cases to protect jurors from physical harm. Missing from the conversation, however, is an examination of anonymity’s role in …

Itihas Vol. 24 Issue No. 1, Sastra Univ

ITIHAS

NEWSLETTER FROM SASTRA DEEMED UNIVERSITY

A Fourth Amendment Of People And Places: Three Foundational Claims About Geofencing, Jordan Wallace-Wolf

Marquette Law Review

In Carpenter v. United States, the Supreme Court held that sufficiently lengthy surveillance of a person’s location was a search that presumptively required a warrant. This holding, the Court wrote, was an application of Katz v. United States’s battle cry that the Fourth Amendment “protects people, not places.”

Unfortunately, that battle cry is increasingly part of the problem. It was suited to Carpenter because it concerned the surveillance of Timothy Carpenter’s movement over 127 days. But police are increasingly supplementing long-term tracking of particular suspects with comparatively short-term tracking of whoever happens to occupy a particular swath of space during …

The Promise And The Law—Part I: Establishing The Relationship Between Promise Keeping And Contract Law, Ben Tice

Western New England Law Review

Many accounts of contract law are promise based, however, these accounts fail to treat The Promise as a tangible social institution. Also, legal realist and law and economic accounts of contract law fail to acknowledge that The Promise exists at all. Using scholarship from political economy, this Article shows that The Promise and contract law are distinct entities. This differs from promissory accounts which treat contracts as a subspecies of promises. This gap in the scholarship matters because the existence of The Promise raises important normative considerations that existing accounts cannot accommodate by failing to address the existence of The …

Memories Of An Affirmative Action Activist, Margaret E. Montoya

Seattle University Law Review

Some twenty-five years ago, the Society of American Law Teachers (SALT) led a march supporting Affirmative Action in legal education to counter the spate of litigation and other legal prohibitions that exploded during the 1990s, seeking to limit or abolish race-based measures. The march began at the San Francisco Hilton Hotel, where the Association of American Law Schools (AALS) was having its annual meeting, and proceeded to Union Square. We, the organizers of the march, did not expect the march to become an iconic event; one that would be remembered as a harbinger of a new era of activism by …