Law Commons^™

Covid’S Counterpunch: State Legislative Assaults On Publichealth Emergency Powers, James G. Hodge Jr., Jennifer L. Piatt

Brigham Young University Journal of Public Law

Amid the most impactful health crisis in over a century, COVID’s “counterpunch” entails aggressive efforts by numerous state legislatures to diminish state and local public health emergency powers. It is an incredulous movement facially supported by a need to appropriately balance economic interests and rights with communal health objectives. At its political core, however, is a “power grab” by legislatures to free their constituents from extensive emergency powers (e.g., social distancing, assembly limits, and business closures). Never mind the fact that these interventions, when used effectively and constitutionally, save lives and reduce morbidity. Public health agents and activists are understandably …

Women's Political Participation In Nevada, Brenda Cruz Gomez, Aika Dietz

Research Briefs

Nevada leads the nation with the first female-majority state legislatiure.

When Legal Incapacity Becomes A Lack Of Personhood: Why A Ward's Ability To Sue In Their Own Name Should Be A Fundamental Aspect Of Virginia Guardianship, Rachel Davis

William & Mary Journal of Race, Gender, and Social Justice

It is a fundamental failing of any legal system when it is unable to protect the most vulnerable within its population. Whether we are comfortable admitting it or not, guardian abuse of incapacitated wards has been well-documented across all fifty states. Virginia is no exception, and this lack of oversight leaves one of our most vulnerable populations without recourse. This Note argues that by simply granting a ward the ability to bring suit in their own name, Virginia may strike a significant blow to the dysfunction that systematically infects the guardianship process. This Note highlights Virginia statute and case law …

The Emergency Next Time, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

This Article offers a new conceptual framework to understand the connection between law and violence in emergencies. It is by now well-established that governments often commit state violence in times of national security crisis by implementing excessive emergency measures. The Article calls this type of legal violence “Emergency-Affirming Violence.” But Emergency Violence can also be committed through governmental non-action. This type of violence, which this Article calls, “Emergency-Denying Violence,” has manifested in the crisis of the COVID-19 pandemic.

The Article offers a taxonomy to better understand the phenomenon of Emergency Violence. Using 9/11 and COVID-19 as examples, the Article proposes …

Emergency Bylaws: An Underutilized Tool For Corporate Operation During An Emergency, Grace Myers

William & Mary Business Law Review

Emergency bylaws are an underutilized tool for corporate governance whose importance has been highlighted by COVID-19. Emergency bylaws can be included within corporations’ bylaws and only operate during an “emergency” as defined by state statutes. These provisions usually give boards more agency to act during an emergency through mechanisms such as looser quorum and notice requirements. These provisions will be increasingly important during future pandemics, wars, and global warming. However, few corporations have these bylaws, and the current hodgepodge of state statutes hinders their adoption. The current state of emergency bylaws regulation and implementation raises some questions about shareholder rights …

Good Governance And Civil Service Reform In Egypt, Ahmed Atef Labib

Theses and Dissertations

Governments in different states and even different governments within the same state may pursue different goals. To achieve their goals they apply administrative reforms, including civil service reforms, to adjust the government for achieving the intended goals. Pursuing different goals entails applying different administrative reforms. In the 2000s, the World Bank and the International Monetary Fund (IMF) suggested the Egyptian government, through loan conditionality, an administrative and civil service reform to promote economic growth based on their concept of good governance. In this paper, I argue that the suggested reform does not target economic growth but targets debt repayment. To …

Law School News: Rwu Law Recognized By White House 01-28-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law School News: The Dean Meets The Governor 01-26-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

Texas Disenfranchisement Of Felons, Michelle Baker

Quest

Policy Research Project

Research in progress for GOVT 2306: Honors Texas Government

Faculty Mentor: Tiffany Cartwright, Ph.D.

Michelle Baker wrote the following research paper as an assignment for my online GOVT 2306: Honors Texas Government class during the Fall 2020 semester. The class assignment helps students begin to formulate a classic policy paper, in which alternative policy options are discussed and analyzed, ultimately leading to a preferred policy option. Students submitted just a few paragraphs of the paper at a time over the course of the fall semester before finally pulling everything together in one cohesive research paper. As Michelle’s …

Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Gang Databases: Race And The Constitutional Failures Of Contemporary Gang Policing In New York City, Jasmine Johnson

St. John's Law Review

(Excerpt)

Similar to many jurisdictions throughout the United States, the New York City Police Department (“NYPD”) has a gang database—a criminal intelligence system utilized by the NYPD to keep track of alleged “gang members” in New York City. And similar to many jurisdictions throughout the United States, the NYPD’s gang database has been severely criticized. Opponents of the gang database accuse the NYPD of using it as a tool for racial profiling, mass incarceration, and mass criminalization of Black and Brown young men in New York City. Opponents of the database also take issue with the NYPD’s lack of transparency …

Extraordinary (Circumstances) Injustice, Melissa Capalbo

St. John's Law Review

(Excerpt)

The box . . . . It’s a small room, so you really don’t move
around a lot. You wake up, and there’s a toilet right next to
your head. You look out the window and you see birds fly-
ing, and that only leads your mind into wanting freedom
more. And since it’s a small room, it makes you think cra-
zy. . . .Right now, I’m five-foot-seven. I grew. I came here
when I was five feet tall.

This is Rikers Island. The 19-year-old boy who shared his story is certainly not alone. Thousands of youth from …

Appeal No. 0996: Velma J. Neuhart, Et Al. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-50 (Gulfport Appalachia, LLC; Brown #9 Unit)

Resolving The Anders Dilemmas: How & Why Texas Should Abandon The Anders Procedure, Michael J. Ritter

St. Mary's Journal on Legal Malpractice & Ethics

When an indigent defendant has a right to counsel for an appeal, and counsel believes the appeal is wholly frivolous, Texas has adopted the Anders v. California procedure that permits counsel to withdraw from representation and argue to the appellate court why their client’s appeal is wholly frivolous. This Article argues that, either by a change to the disciplinary rules or by judicial decision, Texas should abandon the Anders procedure as other states have. Doing so will promote the integrity of the right to counsel, avoid numerous conflicts and dilemmas created by the Anders procedure, and advance judicial efficiency and …

Applying Products Liability Law To Facebook’S Platform And Algorithms: Addiction, Radicalization, And Real-World Harm, Grant W. Shea

Law Student Publications

Facebook has become central to the lives of millions of Americans. As of 2021, 69% of U.S. adults use Facebook. Among those U.S. adults who use Facebook, roughly 70% visit Facebook at least once a day. Moreover, as of 2020, 36% of U.S. adults receive their news through Facebook. That means roughly 60 million U.S. adults receive their news through Facebook each day. Facebook’s impact on American society cannot be overstated when viewed through such a lens. Thus, it is important to ensure Facebook responsibly designs its products: its platform and its algorithms.

Annual Statistical Report Of The Tennessee Judiciary 2021-2022, Tennessee. Administrative Office Of The Courts.

Annual Statistical Reports

No abstract provided.

Passcodes, Protection, And Legal Practicality: The Necessity Of A Digital Fifth Amendment, Ethan Swierczewski

Catholic University Journal of Law and Technology

No abstract provided.

2022 Annual Report, Tennessee. Department Of Audit, Tennessee. Comptroller Of The Treasury

Department of Audit Annual Reports

This document is the annual report for the Tennessee Department of Audit.

Mail-In Voting And The Pennsylvania Constitution, Stephen E. Friedman

Duquesne Law Review

Pennsylvania was at the center of many of the disputes that arose after the hotly contested 2020 presidential election. One of the most significant challenges was a claim that Pennsylvania's newly enacted mail-in voting law violated the state's constitution. Plaintiffs in one lawsuit asked that all mail-in ballots be discarded, which would have shifted Pennsylvania's electoral votes to Donald Trump. When this lawsuit failed, challengers unsuccessfully objected to Congress counting Pennsylvania's electoral votes. A core argument both in court and in Congress was that the Pennsylvania Constitution requires in-person voting except where it specifically provides otherwise. The claim is supported …

How Beneficial Is Florida's Community Property Trust Act To The Marital Estate? A Legislative Analysis Of Florida's Community Property Trust Act, Massiel Alonso

St. Thomas Law Review

Florida is a migratory state, famous for its tropical climate and its generous tax laws. Now, Florida is joining Alaska, Tennessee, South Dakota, and Kentucky in offering a Community Property Trust for marital property. One of the benefits of a Community Property Trust Act (“CPTA”) is that when a spouse owning community property dies, the basis of both the deceased spouse’s and the surviving spouse’s (50%) shares of the property are adjusted to the property’s fair market value at the date of the decedent spouse’s death. This sort of tax adjustment is referred to as a “double step-up in basis,” …

Democracy At Risk: Domestic Terrorism And Attack On The U.S. Capitol, Lawrence J. Trautman

Seattle University Law Review

The year 2022 begins with democracy hanging in the balance. On February 13, 2021, Donald John Trump becomes the only American president to be impeached and acquitted twice. His acquittal for the second time follows a violent mob, having been incited by the lame-duck president, into marching down Pennsylvania Avenue to break into and vandalize the Capitol Building. It is now known that at least 138 law enforcement officers suffered from or received burns, concussions, rib fractures, heart attack—and at least five deaths are attributed to this insurrection. More than 725 individuals are subsequently charged for their role in this …

Citizenship, Race, And Statehood, Kristina M. Campbell

Journal Articles

This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (“TID”), focusing on the Territory of Puerto Rico and how the issues of citizenship, race, and statehood have evolved in shadow of empire as a result. Part III will look back on the admission to the Union of New Mexico and Arizona—the forty-seventh and forty-eighth states—and discuss the substantial difficulties these territories had in getting admitted for statehood due …

Access To Counsel For Defendants In Lower Criminal Courts, Alyssa M. Clark, Andrew L. B. Davies, Karise M. Curtis

Other Deason Center Publications

Criminal defendants unable to afford an attorney are entitled to one for free in the United States, but how and when they obtain access to that lawyer is another question. We examine judicial attitudes and behavior in granting access to counsel in areas where logistics are particularly forbidding. Based on survey responses from 1,091 magistrate judges presiding in lower criminal courts in suburban and rural jurisdictions in upstate New York, we describe both the procedures used to determine defendants' financial eligibility for free counsel, and the logistical challenges that surround securing the physical presence of a lawyer at the first …

Justice For All: A Collection Of New Empirical Research On Indigent Defense, Andrew L. B. Davies, Janet Moore

Other Deason Center Publications

This article is the introduction to a special issue of Justice System Journal focused on empirical research on indigent defense. The introduction summarizes the seven studies included in the issue, which examine indigent defense from the perspectives of clients, defense attorneys, judges, and legal systems. Together, the articles aim to improve understanding of how indigent defense works in practice and how it can better serve the people it is meant to protect.

Why Can't I Get Pliny The Elder? Beer Distribution Law In Michigan, Kincaid C. Brown

Law Librarian Scholarship

If you are a craft beer drinker, you have noticed that there are many beers brewed in the United States that you cannot buy in Michigan, like California-based Pliny the Elder. You will have also noticed that there are many craft beers brewed in Michigan that you cannot buy at your local grocery store or bottle shop. Why is that the case? The short answer is because Michigan law mandates that beer pass through what’s known as a three-tier distribution system. This article outlines what a three-tier distribution is, what it means for Michigan brewers and beer drinkers,

The Meaning Of Kansas: Lessons From A Pro-Life Defeat, Elizabeth Kirk

Scholarly Articles

The recent defeat of a pro-life constitutional amendment in Kansas was not a consequence of strategic overreach, nor was it a rebuke of Dobbs. In fact, it followed from the difficulty of communicating complex legal and political principles, as well as navigating the fear and distortion generated by abortion advocates and their media allies. To help secure a pro-life future, we must learn the correct lessons of the Kansas loss, including the need to harness the emotional power of truthful narrative to shape political choices.

Reasoning V. Rhetoric: The Strange Case Of “Unconstitutional Beyond A Reasonable Doubt”, Hugh D. Spitzer

Articles

An odd formulation has frequented American constitutional discourse for 125 years: a declaration that courts should not overturn a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This concept has been thought of as a presumption, a standard, a doctrine, or a philosophy of coordinate branch respect and judicial restraint. Yet it has been criticized because “beyond a reasonable doubt” is at root an evidentiary standard of proof in criminal cases rather than a workable theory or standard for deciding constitutional law cases. This article discusses the history and use of “unconstitutional beyond a reasonable doubt,” …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents