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Full-Text Articles in Law

Affirmative Action In Jeopardy, Natalie Jakubowski Jan 2023

Affirmative Action In Jeopardy, Natalie Jakubowski

Public Interest Law Reporter

Forty-five years ago, the United States Supreme Court decided the landmark case Regents of the University of California v. Bakke ("Bakke"), which confirmed the constitutionality of race as a factor for consideration in college admissions, otherwise known as affirmative action.1 Since then, colleges have considered race as an additional "plus factor" in their admissions processes and have immensely increased the percentage of minority enrollment in colleges. However, the Supreme Court will hear two cases in 2023: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. …


A Brief Introduction To The Legal Response To Childhood Fatalities And Injuries On Family Farms, Madeline Krolczyk Jan 2023

A Brief Introduction To The Legal Response To Childhood Fatalities And Injuries On Family Farms, Madeline Krolczyk

Public Interest Law Reporter

No abstract provided.


Punishing Poverty: The Inequalities Of Cash Bail And The Move Towards Reform, Emily L. Salamone Jan 2023

Punishing Poverty: The Inequalities Of Cash Bail And The Move Towards Reform, Emily L. Salamone

Public Interest Law Reporter

No abstract provided.


Felony Disenfranchisement: A Barrier To True Democracy, Anna Baish Jan 2023

Felony Disenfranchisement: A Barrier To True Democracy, Anna Baish

Public Interest Law Reporter

No abstract provided.


Beneath The Welfare Façade, Anna Bowser Jan 2023

Beneath The Welfare Façade, Anna Bowser

Public Interest Law Reporter

No abstract provided.


Name, Image, And Likeness In Ncaa College Athletics, Marlee Burridge Jan 2023

Name, Image, And Likeness In Ncaa College Athletics, Marlee Burridge

Public Interest Law Reporter

No abstract provided.


Barricading The Ballot Box: How Legislative Changes To Ballot Referendums Threaten America's Tradition Of Direct Democracy, Tripp Frank Jan 2023

Barricading The Ballot Box: How Legislative Changes To Ballot Referendums Threaten America's Tradition Of Direct Democracy, Tripp Frank

Public Interest Law Reporter

No abstract provided.


Safeguarding Sanctuary: The Growing Pains Of A Sanctuary City, Iris Gomez Jan 2023

Safeguarding Sanctuary: The Growing Pains Of A Sanctuary City, Iris Gomez

Public Interest Law Reporter

No abstract provided.


Where The Fourth Amendment Fails: The Loophole Of No-Knock Warrants And The Devastating Community Safety Consquences, Grace Hague Jan 2023

Where The Fourth Amendment Fails: The Loophole Of No-Knock Warrants And The Devastating Community Safety Consquences, Grace Hague

Public Interest Law Reporter

No abstract provided.


Out Of Sight, Out Of Mind: Banning The Unhoused From Chicago's Public Spaces, Alex Kirchner Jan 2023

Out Of Sight, Out Of Mind: Banning The Unhoused From Chicago's Public Spaces, Alex Kirchner

Public Interest Law Reporter

No abstract provided.


Scotus On "Wotus", Will Matushek Jan 2023

Scotus On "Wotus", Will Matushek

Public Interest Law Reporter

No abstract provided.


"If You Die, That's On You": The Persistence Of Inhumane Conditions At Cook County Jail, Leanna Nichols Jan 2023

"If You Die, That's On You": The Persistence Of Inhumane Conditions At Cook County Jail, Leanna Nichols

Public Interest Law Reporter

No abstract provided.


United States V. Rahimi: A Closer Look At The Implications For Domestic Abuse Victims, Dani Scudder Jan 2023

United States V. Rahimi: A Closer Look At The Implications For Domestic Abuse Victims, Dani Scudder

Public Interest Law Reporter

No abstract provided.


Stop Cop City: The Expanding Reach Of The Racketeer Influenced And Corrupt Organizations Act's Threat To First Amendment Protected Activism, Elizabeth Stamper Jan 2023

Stop Cop City: The Expanding Reach Of The Racketeer Influenced And Corrupt Organizations Act's Threat To First Amendment Protected Activism, Elizabeth Stamper

Public Interest Law Reporter

No abstract provided.


"No Evictions" Policies: Evaluating The Disparate Impact Of Auto-Rejection On Black Women, Mehreen Tariq Jan 2023

"No Evictions" Policies: Evaluating The Disparate Impact Of Auto-Rejection On Black Women, Mehreen Tariq

Public Interest Law Reporter

No abstract provided.


Looking Inward: Building A Restorative Legal Aid Agency, Andy Froelich Jan 2023

Looking Inward: Building A Restorative Legal Aid Agency, Andy Froelich

Public Interest Law Reporter

No abstract provided.


“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock Jan 2023

“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock

Law Student Publications

On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …


The Expected Risks And Exacerbations Of Poverty, Mental Health Disorders, And Maternal Mortality From Abortion Bans: A Comparative Literature Analysis, Daniel J. Francisco Jan 2023

The Expected Risks And Exacerbations Of Poverty, Mental Health Disorders, And Maternal Mortality From Abortion Bans: A Comparative Literature Analysis, Daniel J. Francisco

All Master's Theses

Background. Early termination of a pregnancy (hereinafter referred to as an “abortion”) has been debated in the United States (U.S.) for decades, without much regard to the negative outcomes that forced pregnancies have for those assigned female at birth regarding poverty, mental health and maternal mortality. In 1973, access to safe abortions was protected so long that the procedure was done within the legal gestational period and/or was necessary for the health and safety of the patient (Blackmun, 1972). Unfortunately, in 2022, the Supreme Court took that protection away and made it legal for states to determine the reproductive rights …


Search And Seizure Budgets, Kiel Brennan-Marquez, Stephen E. Henderson Jan 2023

Search And Seizure Budgets, Kiel Brennan-Marquez, Stephen E. Henderson

Faculty Articles

This article proposes a new means of restraining police power: quantitative limits on the number of law enforcement intrusions—searches and seizures—that may occur over a given period of time. Like monetary constraints, search and seizure budgets would aim to curb abusive policing and improve democratic oversight. But unlike their monetary counterparts, budgets would be indexed directly to the specific police activities that most enable escalation and abuse. What is more, budgets are a tool that finds support, conceptually, in the American framing experience. The Fourth Amendment has long been understood to require procedural limits, such as probable cause, on specific …


To Protect And Serve California's Children: Mitigating Police Coercion Of Minors Through California's New Attorney Consultation Mandate, Lila Garlinghouse Jan 2023

To Protect And Serve California's Children: Mitigating Police Coercion Of Minors Through California's New Attorney Consultation Mandate, Lila Garlinghouse

University of San Francisco Law Review

No abstract provided.


The Great Effacement: New Zealand's Silencing On The 2019 Mosque Shooter, J.C. Oleson Jan 2023

The Great Effacement: New Zealand's Silencing On The 2019 Mosque Shooter, J.C. Oleson

University of San Francisco Law Review

No abstract provided.


Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina Jan 2023

Safeguarding The Alford Plea: Minimizing State-Sanctioned Wrongful Convictions, Zana Molina

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Deconstructing Dog Sniffs At Traffic Stops, Andrea J. Garland Jan 2023

Deconstructing Dog Sniffs At Traffic Stops, Andrea J. Garland

Marquette Law Review

Trial courts often uphold searches of cars at traffic stops when the grounds for the search are that a drug dog established probable cause to think that the vehicle was involved in a drug crime. Traditionally, courts have not considered the sniffs to be searches. The United States Supreme Court has relied on two presumptions to uphold searches based on dog sniffs. These are (1) the dog is trained to only signal the presence of the scent of contraband; and (2) the dog does not physically occupy the vehicle but simply walks around the vehicle.


Proceed With Caution: Criminal Responsibility For Non-Participating Actors In University Hazing Incidents, Charlie Penrod Jan 2023

Proceed With Caution: Criminal Responsibility For Non-Participating Actors In University Hazing Incidents, Charlie Penrod

Touro Law Review

Hazing in university fraternities has become an epidemic. Most hazing involves new pledges who are coerced to endure physical, emotional, or psychological harm to prove themselves worthy of admission to the group. Sadly, many students suffer severe injuries from hazing, up to and including death. Many states have passed specific laws banning hazing and expanded the universe of persons guilty of hazing to possibly include non-participants who aided the hazing. In 2020, a Florida appellate court broadened this further, potentially holding a fraternity president responsible for hazing for making the mistake of allowing liquor at an off-campus party. The fraternity …


Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc Jan 2023

Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc

Williams Honors College, Honors Research Projects

Crime analysis plays a vital role in policing and maintaining law and order throughout many countries around the globe. The application and uses of crime analysis can vary greatly not only worldwide, but also between local police agencies as well. Many factors, including resources that are available, as well as funding and the legal frameworks in place can all affect how crime analysis is used and operated. This paper will provide a deeper understanding of how the criminal justice system has evolved into the way it is today, as well as how crime analysis was developed. In addition, the paper …


Improving New York City's Covid-19 Vaccine Mandate For Public Sector Workers: A Collaborative Framework For Labor-Management Relations In High Impact Circumstances, Chelsea Hill Jan 2023

Improving New York City's Covid-19 Vaccine Mandate For Public Sector Workers: A Collaborative Framework For Labor-Management Relations In High Impact Circumstances, Chelsea Hill

Cardozo Journal of Conflict Resolution

No abstract provided.


Beyond Problem-Solving Courts, Erin R. Collins Jan 2023

Beyond Problem-Solving Courts, Erin R. Collins

Cardozo Journal of Conflict Resolution

Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …


Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik Jan 2023

Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik

Cardozo Journal of Conflict Resolution

No abstract provided.


Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles Jan 2023

Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles

Seattle University Law Review

In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …


Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills Jan 2023

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …