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Articles 1 - 30 of 53
Full-Text Articles in Law
The Ripple Effects Of Dobbs On Health Care Beyond Wanted Abortion, Maya Manian
The Ripple Effects Of Dobbs On Health Care Beyond Wanted Abortion, Maya Manian
Articles in Law Reviews & Other Academic Journals
The Supreme Court’s momentous decision in Dobbs v. Jackson Women’s Health Organization to overturn fifty years of precedent on the constitutional right to abortion represents a sea of change, not only in constitutional law, but also in the public health landscape. Although state laws on abortion are still evolving after Dobbs, the decision almost immediately wreaked havoc on the delivery of medical care for both patients seeking abortion care and those not actively seeking to terminate a pregnancy.
This Article also argues that focusing the public’s attention on the deleterious consequences of abortion bans for health care beyond wanted abortion …
2001 Supreme Court Redux, Mary Stevens
2001 Supreme Court Redux, Mary Stevens
Sustainable Development Law & Policy
No abstract provided.
Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy
Elegy For Anti-Corruption Law: How The Bridgegate Case Could Crush Corruption Prosecutions And Boost Liars, Ciara Torres-Spelliscy
American University Law Review
No abstract provided.
James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan
James Madison, Citizens United, And The Constitutional Problem Of Corruption, Anthony J. Gaughan
American University Law Review
No abstract provided.
Equality Is A Brokered Idea, Robert Tsai
Equality Is A Brokered Idea, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie …
Revisiting Cook V. Food And Drug Administration: A Lens For Analyzing The Current State Of Fda Enforcement And Assurance Of Product Quality – Increased Oversight Or Not Enough?, Catherine Gould
Upper Level Writing Requirement Research Papers
No abstract provided.
The Decade Of Democracy's Demise, James Sample
The Decade Of Democracy's Demise, James Sample
American University Law Review
No abstract provided.
President Trump's Crusade Against The Transgender Community, Brendan Williams
President Trump's Crusade Against The Transgender Community, Brendan Williams
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa
Tweeting With A Purpose: Interpreting "Corrupt Persuasion" In 18 U.S.C. § 1512(B), Jessica Ochoa
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, Amanda Brennan
Playing Outside The Joints: Where The Religious Freedom Restoration Act Meets Title Vii, Amanda Brennan
American University Law Review
No abstract provided.
Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson
Reining In A 'Renegade' Court: Tc Heartland And The Eastern District Of Texas, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for patent cases, making it more difficult for a plaintiff to demonstrate that a district court has venue over a defendant. Many commentators, however, view TC Heartland as merely a “reshuffling” of the district courts that receive patent cases. Whereas before the case, a large percentage of patent cases were filed in the Eastern District of Texas, now, after TC Heartland, various other U.S. district courts (principally, the District of Delaware) have experienced an increase in patent infringement filings. Some commentators are unconvinced that this …
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Federal Death Penalty Scheme Is Not A Model For State Reform Of Capital Punishment Laws, Mark J. Macdougall, Karen D. Williams
The Federal Death Penalty Scheme Is Not A Model For State Reform Of Capital Punishment Laws, Mark J. Macdougall, Karen D. Williams
American University Law Review
No abstract provided.
A Linguistic Critique Of Tag Jurisdiction: Justice Scalia And The Zombie Metonymy, Andrea D. Coles-Bjerre
A Linguistic Critique Of Tag Jurisdiction: Justice Scalia And The Zombie Metonymy, Andrea D. Coles-Bjerre
American University Law Review
No abstract provided.
Jesner V. Arab Bank, Rebecca Hamilton
Jesner V. Arab Bank, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
The exclusion of transnational human rights litigation from U.S. federal courts is, for most practical purposes, now complete. On April 24, 2018, the U.S. Supreme Court delivered a 5–4 ruling in Jesner v. Arab Bank, deciding that foreign corporations cannot be sued under the Alien Tort Statute (ATS).
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson
Why The Categorical Approach Should Not Be Used When Determining Whether An Offense Is A Crime Of Violence Under The Residual Clause Of 18 U.S.C. § 924 (C), Mary Frances Richardson
American University Law Review
No abstract provided.
Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker
Using The Supreme Court's Enigmatic Commerce Clause Holding In Sebelius To Challenge Congress's Broken Renewable Fuel Standard, Corey J. Walker
American University Law Review
No abstract provided.
Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau
Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau
American University Law Review
No abstract provided.
"[R]Elegated Through No Fault Of Their Own To A More Difficult" System: Applying The Obergefell Opinion To Custody Principles, Melanie Kalmanson
"[R]Elegated Through No Fault Of Their Own To A More Difficult" System: Applying The Obergefell Opinion To Custody Principles, Melanie Kalmanson
The Modern American
No abstract provided.
Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner, Andrew Ferguson
Carpenter V. United States: Brief Of Scholars Of Criminal Procedure And Privacy As Amici Curiae In Support Of Petitioner, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Amici curiae are forty-two scholars engaged in significant research and/or teaching on criminal procedure and privacy law. This brief addresses issues that are within amici’s particular areas of scholarly expertise. They have a shared interest in clarifying the law of privacy in the digital era, and believe that a review of scholarly literature on the topic is helpful to answering the question in this case. This brief is co-authored by Harry Sandick, Kathrina Szymborski, & Jared Buszin of Patterson Belknap Webb & Tyler LLP.Carpenter v. United States presents an opportunity to reconsider the Fourth Amendment in the digital age. Cell …
The Noteworthy Absence Of Women Advocates At The United States Supreme Court, Jennifer Crystal Mika
The Noteworthy Absence Of Women Advocates At The United States Supreme Court, Jennifer Crystal Mika
American University Journal of Gender, Social Policy & the Law
No abstract provided.
We "Kent" Keep Transferring Kids Without A Hearing: Using Recent Supreme Court Jurisprudence To Revive Kent V. United States And End Mandatory Transfer For Juveniles, Summer Woods
Criminal Law Practitioner
No abstract provided.
The Perils And Possibilities Of Refugee Federalism, Burch Elias
The Perils And Possibilities Of Refugee Federalism, Burch Elias
American University Law Review
No abstract provided.
My Body Is My Temple: Utilizing The Concept Of Dignity In Supreme Court Jurisprudence To Fight Sex Reassignment Surgery Requirements For Recognition Of Legal Sex, Doran Shemin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Olmstead Imperative: The Right To Live In The Community And Beyond, Robert Dinerstein
The Olmstead Imperative: The Right To Live In The Community And Beyond, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
Of the 20 Americans with Disabilities Act (ADA) cases that the United States Supreme Court has decided in the 25 years of the statute’s existence, Olmstead v. L.C. by Zimring is without doubt the most significant for people with intellectual and developmental disabilities. Olmstead is the only Supreme Court ADA case that specifically addresses the rights of people with intellectual and developmental disabilities, but its importance goes well beyond this specific fact. In this essay, I set out the holding of the Olmstead decision, its connection to, and extension of, prior case law, the extent of its subsequent enforcement, and …
The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine
The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine
Articles in Law Reviews & Other Academic Journals
As lawsuits over the right of publicity proliferate among athletes and other celebrities, there is renewed interest, by litigants and judges alike, in the one decision by the U.S. Supreme Court that addresses a tort action arising from a "publicity" related claim, Zacchini v. Scripps-Howard Broadcasting Co. Although the 1977 ruling is often cited as holding that the right of publicity tort survives constitutional scrutiny under the First Amendment, an examination of the case and of the Supreme Court justices' available papers shows that the Court did not view the case as presenting the type of claim that has become …
The Court And The Cannonball: An Inside Look, Lee Levine, Stephen Wermiel
The Court And The Cannonball: An Inside Look, Lee Levine, Stephen Wermiel
American University Law Review
No abstract provided.
'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston
'A Rose By Any Other Name Would Smell As Sweet': How Aggregate Sentencing Violates Miller V. Alabama, Elizabeth C. Kingston
Criminal Law Practitioner
No abstract provided.
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost
Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent On The Meaning Of Federal Law?, Amanda Frost
Articles in Law Reviews & Other Academic Journals
The conventional wisdom is that state courts need not follow lower federal court precedent when interpreting federal law. Upon closer inspection, however, the question of how state courts should treat lower federal court precedent is not so clear. Although most state courts now take the conventional approach, a few contend that they are obligated to follow the lower federal courts, and two federal courts of appeals have declared that their decisions are binding on state courts. The Constitution’s text and structure send mixed messages about the relationship between state and lower federal courts, and the Supreme Court has never squarely …
Citizens Derided: Corporate Politics In The Roberts Court, Jamin B. Raskin
Citizens Derided: Corporate Politics In The Roberts Court, Jamin B. Raskin
Articles in Law Reviews & Other Academic Journals
No abstract provided.