Digital Commons Network^™

A Republic Of Spending, Jonathan S. Gould

Michigan Law Review

Large-scale spending measures make up many of Congress’s most important recent contributions to national policymaking. Congress has appropriated trillions of dollars to respond to emergencies, fight climate change, expand social safety net programs, spur technological innovation, and strengthen national infrastructure. While the contemporary Congress’s failure to enact landmark regulatory statutes causes many to characterize it as dysfunctional, Congress in fact remains quite active—its policymaking energy is simply concentrated in the spending domain.

Congress’s use of spending rather than regulatory legislation as its primary way of shaping national policy marks a significant shift in American governance. This Article examines the causes …

Punishing Individuals Who Complied With Intolerably Unjust 'Laws' In Predecessor Regimes, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Suppose a 'law' required individuals to report neighbours of a certain race for extermination. If individuals complied with such a 'law' to avoid the penal sanction of a death sentence, should a tribunal involved in the process of transitional justice in a successor regime punish them? Radbruch suggests that intolerably unjust 'laws' are not legally valid. According to Radbruch's Formula, reporting the neighbour would not be justified by law. The logical implication of this Formula is that the act of reporting was, in substance, abetment to murder (or possibly, genocide). Yet, punishing individuals who complied with the purported 'law' in …

The Common Law’S Resistance To Gender Violence, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

Over twenty years ago, Congress developed a “mountain of evidence” that state criminal and civil remedies against sexual assault and battering were inadequate. The Supreme Court rejected that evidence in United States v. Morrison, striking down a federal civil rights remedy for sexual assault and battering. Since then, there have been many civil cases of sexual assault and battering against high-profile individuals, including the recent E. Jean Carroll lawsuit against a former President. This five-year study, surveying fifty states’ civil law, asks the question prompted by Morrison: Does the civil law today provide adequate remedies to survivors of sexual assault …

'Higher' Education: Incorporating Cannabis As Interdisciplinary Curricula, John W. Lipford, A. Scott Rood

Journal of Tourism Insights

This paper details successful efforts undertaken, at a Midwest (U.S.) university to address the significant lack of cannabis-centered academics within U.S. higher education. The foci of this paper for interdisciplinary cannabis curricula at the subject university is three-fold: student-centered, industry-centered, and community-centered. The curricular innovation was designed, presented, and now implemented, in a form of stackable credentialling; through which students develop fundamental knowledge about cannabis (badge in ‘cannabis operations’), apply that knowledge in a holistic way to local regions (certificate in ‘cannabis & community planning’), and culminate their learning experience with advanced topics and experiential learning components via an academic …

Federal Rules Of Evidence 413, 414, And 415: Fifteen Years Of Hindsight And Where The Law Should Go From Here, Bryan C. Hathorn

Tennessee Journal of Law and Policy

No abstract provided.

Closing The Crime Victims Coverage Gap: Protecting Victims' Private Records From Public Disclosure Following Tennessean V. Metro, Daniel A. Horwitz

Tennessee Journal of Law and Policy

No abstract provided.

The Troubling Case(S) Of Noncitizens: Immigration Enforcement Through The Criminal Justice System And The Effect On Families, Juan C. Quevedo

Tennessee Journal of Law and Policy

No abstract provided.

Twelve Angry Hours: Improving Domestic Violence Holds In Tennessee Without Violating The Constitution, Daniel A. Horwitz

Tennessee Journal of Law and Policy

No abstract provided.

Contents

Tennessee Journal of Law and Policy

No abstract provided.

The Courts, Congress, And The Bureau Of Prisons: Using The First Step Act As An Impetus For Accountability And Legal Reform Of The Federal Carceral System, Sarah E. Ryan

Journal of Civil Rights and Economic Development

(Excerpt)

On December 18, 2018, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, or First Step Act, became law. The Act reflected decades of social, racial, and economic justice advocacy and years of legislative work. In the five years preceding the Act’s passage, lawmakers built a new case for criminal justice reform.

...

From 2018 to today, the First Step Act has galvanized discussions about what comes next in criminal justice reform. Most observers have criticized the limited architecture and implementation of the Act, but some have hailed the Act’s utility during the COVID-19 pandemic and …

Dictionaries Denied: Information Poverty In Michigan Prison Libraries, Nicholas Norton, Meghan Mcgowan

Journal of Civil Rights and Economic Development

(Excerpt)

In June of 2022, the Michigan Department of Corrections (“MDOC”) made national news when NPR reported that non-English language dictionaries were banned in state prisons. The rationale for this policy was specious—with an MDOC spokesperson stating: “If certain prisoners all decided to learn a very obscure language, they would be able to then speak freely in front of staff and others about introducing contraband or assaulting staff or assaulting another prisoner.” For instance, Spanish and Swahili dictionaries were restricted or banned based on safety, even though both languages are spoken by millions of people. Dictionaries and other reference materials …

Referenda To Secure The Rights Of Incarcerated People, Jaclyn Kurin

Journal of Civil Rights and Economic Development

(Excerpt)

In May 2021, Allegheny County became the first jurisdiction in U.S. history to ban solitary confinement at a jail by voter referendum. This article covers the drafting, passing, implementing, and litigating of voter referenda to ban solitary confinement and the use of weapons in correctional facilities in Pennsylvania. The benefits of voter referenda extend beyond recognizing the legal rights of those incarcerated and reducing mistreatment. This article explains how prior community engagement with key issues involving the Allegheny County Jail (“ACJ”) paved the way for the referendum’s success. Specifically, in the year leading up to the Allegheny County referendum, …

Equalizing Disproportionate Death And Punishment In Black And Brown Communities: An Emergency Shutdown On Death, Inequality, And Deliberate Indifference, Angela Dixon

Journal of Civil Rights and Economic Development

(Excerpt)

According to an old saying, “death is the great equalizer.” But is it? It may be in the sense that absent a contravening force, it is an appointment that all must keep. Yet data indicates that all do not die equally. Socioeconomic status (“SES”), which includes levels of occupation, education, income, and wealth, all delay or advance mortality. People of a higher SES outlive, generally, people of a lower SES; moreover, such disparities continue to widen as trends of income inequality intensify.

Perhaps predictably, race, just like class, exacerbates inequities. Black Americans in the United States remain the pivotal …

Entire Issue Vol. 15 No. 25

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The Chanticleer, 2024-10-31, Halloween Issue, Coastal Carolina University

The Chanticleer Student Newspaper

The editorially independent student produced weekly newspaper of Coastal Carolina University.

Medical Consensus On Gender Affirming Care's Critical Impact On Incarcerated Black Transgender Women, John Parsi

Journal of Law and Health

In Kosilek v. Spencer the U.S. Court of Appeals for the First Circuit adopted The World Professional Association of Transgender Health Standards of Care (WPATH SOC) as medical consensus on gender affirming care and held that Michelle Kosilek could access gender affirming care but that she did not meet the criteria for gender affirming surgery. In Gibson v. Collier the U.S. Court of Appeals for the Fifth Circuit with a sparse record and no expert testimony denied Vanessa Lynn Gibson access to gender affirming surgery and incorrectly claimed that Kosilek did not support the WPATH SOC as representing the medical …

Unshackled: Why Eliminating Health Disparities Requires That Our Criminal Justice System Set Incarcerated Mothers And Their Developing Children Free, Angela Dixon

Journal of Law and Health

Incarceration of pregnant nonviolent offenders takes not only the pregnant mother captive but also her unborn child. Kept in unnecessary captivity, these innocent children may experience adverse childhood experiences (“ACES”) or lifelong damage to their physical and mental health. The experiences may be the same for children born already to the mother, as they endure the suffering of parental separation during the mother’s absence. In terms of racial health disparities, such captivity presents at least a triple threat—harm to the health of the mother, harm to the health of the unborn fetus, and harm to the health of children born …

Tennessee Felon Population Update, November 2024, Tennessee. Department Of Correction.

Felon Population Reports

No abstract provided.

Volume 123, Number 1 - Thursday, October 31st 2024, Saint Mary's College Of California

The Collegian

No abstract provided.

Spectator 2024-10-31, Editors Of The Spectator

The Spectator

No abstract provided.

How To Create American Manufacturing Jobs, John Dewar Gleissner

Tennessee Journal of Law and Policy

No abstract provided.

Panel Discussion 3: Lawyers As Crisis Communicators, Adam Goldberg, Tom Griscom, Josh Galper

Tennessee Journal of Law and Policy

No abstract provided.

Morning Keynote Address: Surviving The Media Onslaught, Joseph B. Cheshire V

Tennessee Journal of Law and Policy

No abstract provided.

The Current - Volume 35 Issue 5, Nova Southeastern University

Student Newspapers

No abstract provided.

Plagiarism: History, Culture, And Prevention, Laura Egan

Librarian Publications

This entry covers the origins of the word plagiarism, how it differentiates from common knowledge and copyright, and defines different types of plagiarism. It addresses how perceptions of plagiarism have changed over time, variations in how different cultures view plagiarism, and how technological advances have led to increases in plagiarism. One section focuses on plagiarism and academic integrity, providing examples of incidents and their consequences, as well as non-academic examples. Later sections identify how training and skillsets can reduce plagiarism, as well as providing a detailed list of plagiarism detection tools. Finally, the entry addresses plagiarism issues related to using …

October 30, 2024, Csusb

Coyote Chronicle (1984-)

No abstract provided.

The Bg News October 30, 2024, Bowling Green State University

BG News (Student Newspaper)

The BGSU campus student newspaper. October 30, 2024. Volume 104-Issue 09.

2024-10-30 Ssa Discusses The Student Activism That Has Shaped Seattle U, Leila Bunker

The Spectator Online

No abstract provided.

2024-10-30 Event Celebrates Juan Carlos Reyes In Publishing “Three Alarm Fire”, Milan Damjanac

The Spectator Online

No abstract provided.

Transcript: The Intersection Of Race And Poverty In Criminal Justice, Stephen B. Bright

Tennessee Journal of Law and Policy

Transcript of the lecture given by Bright at the University of Tennessee College of Law Summers-Wyatt Lecture given on September 27, 2010.