Digital Commons Network^™

2022g_Ebs50_Approved_Pm_Ed.D.-Ed-Lead-Degree-Program, Graduate Council

All Approved Curriculum

No abstract provided.

2021g_Ebs29_Approved_Ne_Eds_Higher-Education-Leadership, Graduate Council

All Approved Curriculum

No abstract provided.

2021g_Ebs25_Approved_Nc_Hied_8253-Higher Education Policy And Law, Graduate Council

All Approved Curriculum

No abstract provided.

Checks, Balances, Tariffs, And Justice Kavanaugh, Stanley I. Langbein

ConLawNOW

Justice Kavanaugh’s concurring opinion in FCC v. Consumers Research was remarkable in a number of respects, principally because it expressed very strong views on matters currently under consideration by the Supreme Court, although some of the issues he resolved were not issues posed by the Consumers’ Research case itself. Foremost among the positions he expressed were a muted version of the nondelegation doctrine and the view that the major questions doctrine has virtually no application to matters involving foreign affairs. The tariff decision now pending before the Court, in the V.O.S. Enterprises and Learning Research cases, may present a collision …

From Sidewalks, Streets, And Parks To Social Media: How Should Courts Apply The Public Forum Doctrine In The Digital Age?, Laurel Wanger

St. John's Law Review

(Excerpt)

This Note examines the circuit split over whether government officials’ social media pages constitute public forums and analyzes how the Supreme Court settled the doctrinal uncertainty in Lindke v. Freed. Part I presents context for this issue by explaining the origins of the public forum doctrine, the ways in which government officials use social media as a means of interacting with their constituents, and the circuit split regarding the proper test to be used when deciding these issues. Part II provides an overview of the majority test used by the Second, Fourth, Eighth, Ninth, and Eleventh Circuits, and …

It’S “Purposeful” For A Reason: Amb Media And Purposeful Availment In The Internet Age, Levi C. Griesing

St. John's Law Review

(Excerpt)

This Note argues that the Sixth Circuit’s ruling in AMB Media II expands the scope of personal jurisdiction to a degree that prevents fairness and due process for out-of-state defendants. Thus, this Note argues that the purposeful availment inquiry for cases involving generally-available commercial websites should include a targeting requirement—that there must first be an action to solicit business taken on behalf of the defendant in the forum state. Part I will review the goals of the personal jurisdiction doctrine and a brief history of purposeful availment cases before and after the Internet age. Part II will discuss AMB …

Interpreting Rule 23: A Legal Basis For Incentive Awards In Class Action Lawsuits, Chris Battaglia

St. John's Law Review

(Excerpt)

This Note first explores the methodologies that the Supreme Court utilizes to interpret the Federal Rules of Civil Procedure and then applies these methodologies to interpret Rule 23. It argues that the Court has demonstrated two different viable strategies to interpret the Rules: (1) applying basic principles of statutory interpretation analysis and (2) giving effect to the policy and purpose surrounding the Rule. This Note concludes that both of these methodologies can be applied to Rule 23, and that as applied, both support the position that Rule 23 authorizes courts to legally grant incentive awards to named plaintiffs in …

Disposing Of Misdemeanors: An Empirical Perspective, Cynthia Alkon, Jonathan Marshall, Kyle Chrisman, Lydia Sidhom

St. John's Law Review

(Excerpt)

This Article will begin by discussing why misdemeanors matter and the importance of examining these cases to better understand how the criminal legal system is functioning or not. Next, in Section III, we will discuss the importance of plea bargaining, both how it works in practice and the concerns surrounding this process. We will then turn, in Section IV, to a discussion of why it matters to have better data so that the players in the system are better informed about how the legal system actually works. Better data contributes to transparency, which can help improve the general public’s …

Packing Our Way To Balance: A Necessary Correction For The Supreme Court, Robert E. Wagner

St. John's Law Review

The Supreme Court is in turmoil. It has the lowest recorded approval rating in its history. Multiple decisions over the past decade made by Justices nominated by a single political party, that the majority of the country viewed as political in nature, have tarnished the reputation of what was once a beacon of justice and impartiality. The Court is increasingly seen as a partisan institution with political actors rather than the fair and honest arbiter America needs it to be. In addition to dramatically unpopular decisions, the Court has suffered increasingly hostile and political machinations in its nominating process. This …

Gilded Executive Privilege: The Unstated Evidentiary Rule In Trump V. United States, Matthew D. Woodham, Ramona C. Albin

St. John's Law Review

(Excerpt)

In Trump v. United States, the Supreme Court of the United States held that a former President has absolute immunity from criminal prosecution for official acts within his core constitutional powers, presumptive immunity for all other official acts, and no immunity for private conduct undertaken while in office. Although the Court granted certiorari to address an immunity question, it then strayed into an evidentiary one in holding certain official acts evidence to be categorically inadmissible in the prosecution of private conduct. This Article interrogates the evidentiary foundation for this lesser-explored aspect of the Trump opinion and the danger …

Review Of Talking With The Children Of God: Prophecy And Transformation In A Radical Religious Group, Timothy Miller

Communal Societies

No abstract provided.

Review Of From New Lanark To Mound Bayou: Owenism In The Mississippi Delta, Susan Love Brown

Communal Societies

No abstract provided.

Single-Sex, Secular Intentional Communities In Australia, William J. Metcalf

Communal Societies

No abstract provided.

The New Kibbutzim: Case Study Overview Of The Structure, Organization, And Management Of A Kibbutz Of Kvutzot, James Horrox

Communal Societies

No abstract provided.

Social Innovations For Communal And Ecological Living: Lessons From Sustainability Research And Observations In Intentional Communities, Iris Kunze

Communal Societies

No abstract provided.

Rebuilding Oneida: Ideology, Architecture, And Community Planning In The Oneida Community Limited, 1880-1935, Thomas A. Guiler

Communal Societies

No abstract provided.

Review Of Utopias: A Brief History From Ancient Writings To Virtual Communities, Tom Moylan

Communal Societies

No abstract provided.

Review Of Gospel According To The Klan: The Kkk' S Appeal To Protestant America, 1915-193 0, Martin E. Marty

Communal Societies

No abstract provided.

A Silver Light And A Golden Wheel: Shaker Gift Drawing And Sacred Text As A Communal Enterprise, Jane F. Crosthwaite

Communal Societies

No abstract provided.

The Tax Adviser, Volume 5, Number 6, June 1974, American Institute Of Certified Public Accountants

Tax Adviser

No abstract provided.

Tax Trends, Harry Z. Garian

Tax Adviser

No abstract provided.

Tax Clinic, Paul Farber

Tax Adviser

No abstract provided.

Deathbed Estate Planning For The Investor When, Claireen L. Herting

Tax Adviser

No abstract provided.

Significant Recent Developments Concerning Consolidated Returns, Burton M. Mirsky, Pat J. Tozzi

Tax Adviser

No abstract provided.

Review Of "A Peculiar People": Anti-Mormonism And The Making Of Religion In Nineteenth-Century America, Barton E. Price

Communal Societies

No abstract provided.

The Tax Adviser, Volume 5, Number 5, May 1974, American Institute Of Certified Public Accountants

Tax Adviser

No abstract provided.

Tax Trends, Eugene S. Linett

Tax Adviser

No abstract provided.

Tax Clinic, Jerome Toder

Tax Adviser

No abstract provided.

Partial Liquidations: Some Characteristics, Quirks And Questions (Part Ii), Frank M. Burke Jr., Byron A. Parker

Tax Adviser

No abstract provided.

Trump Vs. The Fourteenth Amendment, Rye Maccurtain

Bates College Journal of Political Studies

This paper argues that President Trump’s 2025 executive order to end birthright citizenship represents a major break from constitutional tradition and a clear turn toward far-right ideology. The order challenges the Fourteenth Amendment, which guarantees citizenship to anyone born on United States soil and has been upheld for more than a century, including in the Supreme Court case United States v. Wong Kim Ark. Although some conservatives may frame the action as a routine effort to strengthen immigration policy, the order moves beyond traditional conservatism. It departs from the rule of law, rejects long-standing legal precedent, and promotes an exclusionary …