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Full-Text Articles in Law

Disqualifying Qualified Immunity, Nicholas Mcgill Hudnell Nov 2021

Disqualifying Qualified Immunity, Nicholas Mcgill Hudnell

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The relationship between municipal responsibility and municipal liability in civil suits concerning local police officer misconduct is flawed. Cities have almost unlimited control over their police departments but lack almost any control over the civil litigation of their officers, aside from city attorneys representing them. In police misconduct cases, city attorneys representing police officers are required to invoke any available affirmative defenses, either common law or statutory, regardless of the moral convictions of the city attorneys, city legislators, or local citizens. To bridge the logical gap between municipal responsibility and the lack of municipal control over police misconduct litigation, this …


Is It Really Safe To Provide Banking Services To Marijuana-Related Businesses? The Marijuana Banking Dilemma, Caitlin Steiner May 2021

Is It Really Safe To Provide Banking Services To Marijuana-Related Businesses? The Marijuana Banking Dilemma, Caitlin Steiner

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As more and more states begin to legalize marijuana, marijuana-related businesses such as dispensaries are cropping up all over the United States. Like most other legitimate businesses, marijuana-related businesses need a safe place to keep their money. However, unlike most other legitimate businesses, marijuana-related businesses often cannot find banks that are willing to do business with them. This is because banks are heavily governed and regulated by federal law, and marijuana is still illegal on a federal level—even where states have legalized its use. Although federal guidance on the subject has been issued, many legal “gray areas” continue to exist, …


If Not Now, When? Finding Jurisdiction To Review Immigration Enforcement Action In The Trump Era, Elizabeth L. Jackson Apr 2021

If Not Now, When? Finding Jurisdiction To Review Immigration Enforcement Action In The Trump Era, Elizabeth L. Jackson

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The Trump Presidency left an indelible mark on the U.S. immigration system. From extreme enforcement practices to unconstitutional policies, the vast power of the executive branch and the underutilized strength of the judicial branch was thrust into a harsh light. The failure of lower courts to adequately understand and apply the narrow construction of jurisdiction-limiting statutes created unjust and absurd results on a number of issues, from the targeting of immigration activists for enforcement actions to the so-called Migrant Protection Protocols. The consistent application of Supreme Court precedent allowing for Federal jurisdiction in this area remains absolutely necessary to right …


The Evolution Of Data In Sports Betting And Its Legal Ramifications On The Privacy And Protections Of College Athletes, Bryan B. Fisher Feb 2021

The Evolution Of Data In Sports Betting And Its Legal Ramifications On The Privacy And Protections Of College Athletes, Bryan B. Fisher

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Have you ever placed a sports bet before? Did you win… or did you lose? Did it come down to the final seconds… or did you regret your decision before the game even reached halftime? At times, betting on a sports team can seem like a sure-fire win. Unfortunately, it can be nearly impossible to truly know a result before it happens, especially in the sports industry, where a simple bad bounce can alter the final score, effectively causing millions of dollars to change hands. But what if there was a way to know something about the game that others …