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Articles 31 - 60 of 94
Full-Text Articles in Law
Committing Crimes One Bill At A Time; From The White House To The Jail House, Enacting Rational Laws In An Irrational World, Lanessa Owens
Committing Crimes One Bill At A Time; From The White House To The Jail House, Enacting Rational Laws In An Irrational World, Lanessa Owens
Lanessa L. owens
Committing Crimes One Bill At Time; From The White House To The Jail House, Enacting Rational Laws In An Irrational World. From Masters’ and Slaves’, to Gays’ and Straights’, you think they are different; I will convince you they are the same. I will demonstrate how legislatures have historically and continually abused their power to enact laws. Under the disguise of some governmental interest, legislatures continue to create, enact, and enforce bias laws. This article imports Criminal Procedure into Constitutional Law to create a proactive solution to the ongoing problem of law making. It is this author contention that the …
Committing Crimes One Bill At A Time; From The White House To The Jail House, Enacting Rational Laws In An Irrational World, Lanessa Owens
Committing Crimes One Bill At A Time; From The White House To The Jail House, Enacting Rational Laws In An Irrational World, Lanessa Owens
Lanessa L. owens
Committing Crimes One Bill At Time; From The White House To The Jail House, Enacting Rational Laws In An Irrational World. From Masters’ and Slaves’, to Gays’ and Straights’, you think they are different; I will convince you they are the same. I will demonstrate how legislatures have historically and continually abused their power to enact laws. Under the disguise of some governmental interest, legislatures continue to create, enact, and enforce bias laws. This article imports Criminal Procedure into Constitutional Law to create a proactive solution to the ongoing problem of law making. It is this author contention that the …
Electromagnetic Pulse And The U.S. Food Security Paradigm: Assumptions, Risks, And Recommendations, Maximilian Leeds
Electromagnetic Pulse And The U.S. Food Security Paradigm: Assumptions, Risks, And Recommendations, Maximilian Leeds
Maximilian Leeds
This paper analyzes the systemic dangers posed to the U.S. economy by an electromagnetic pulse (EMP), either naturally occurring or maliciously generated, from a food security perspective. Section I examines the modern structure of the U.S. food supply chain, analyzing the just-in-time international distribution model and criticizing it as vulnerable to systemic shock and cascade failure. Section II examines the function and history of the electromagnetic pulse, assesses its potential to serve as a catalyst for systemic breakdown in the domestic food supply chain, and explores the current state of food security planning in the United States pertaining to this …
Who Are Refugees?, Matthew Lister
Who Are Refugees?, Matthew Lister
Matthew J. Lister
Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all who are unable to meet their basic needs on their own as "refugees," and to extend to them the …
The Benefits Of Capture, Dorit Reiss
The Benefits Of Capture, Dorit Reiss
Dorit R. Reiss
Observers of the administrative state warn against “capture” of administrative agencies and lament its disastrous effects. This article suggests that capture has another side: important benefits that should not be underestimated. Capture is a situation in which a regulated industry exerts a substantial amount of influence over the agency in question, leading to industry involvement in creation and enforcement of regulation. Scholars documenting the phenomenon have highlighted a number of negative results – lax enforcement of regulation; weak regulations; illicit benefits going to industry. However, not only is this picture incomplete, it is in substantial tension with another current strand …
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll Versus Beardon, Julie M. Spanbauer
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll Versus Beardon, Julie M. Spanbauer
Julie M. Spanbauer
The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon, occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a “madam” sold a house used for prostitution to another “madam.” The opinion is the last in a long line of cases to speak specifically to the issue of enforcement of facially legitimate contracts that in some manner arguably involve or are related to prostitution and is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law …
Individual Mandates: A Founder-Approved Means Under The Necessary And Proper Clause, Eli Alcaraz
Individual Mandates: A Founder-Approved Means Under The Necessary And Proper Clause, Eli Alcaraz
Eli A Alcaraz
The Affordable Health Care Act’s (“ACA”) individual mandate requiring most Americans to purchase healthcare was challenged as unconstitutional even before the ACA was passed. Challengers to the ACA assert that the federal government has never been allowed to force an individual to make a purchase from a private entity and that the ACA’s requirement that an individual do so is unconstitutional. This Comment takes issue with those asserting that an “individual mandate” is a contemporary invention and unconstitutional. As a matter of fact, there is at least one historical example where the federal government has forced individuals to makes purchases …
Workplace Bullying And The Role Restorative Practices Can Play In Preventing And Addressing The Problem, Susan Duncan
Workplace Bullying And The Role Restorative Practices Can Play In Preventing And Addressing The Problem, Susan Duncan
Susan Duncan
This article builds on my previous work on K-12 bullying and bullying in college and universities. Much like school bullying, workplace bullying, including violence and harassment, disrupts individuals and the companies for which they work. Currently, companies, policymakers and academics around the world struggle with the best approach for addressing this inappropriate behavior. In a recent article, Professor David Yamada invited academics and practitioners to consider how therapeutic jurisprudence may impact the problem of workplace bullying. Accepting Professor Yamada’s invitation to join in this dialogue, I urge companies and policymakers that seek guidance on this issue to look to forward-thinking …
Cognitive Illiberalism And Debiasing Strategies, Paul Secunda
Cognitive Illiberalism And Debiasing Strategies, Paul Secunda
Paul M. Secunda
Legal realist scholars of a generation ago posited that judicial perception of facts reflect previously-held values and assumptions rather than record evidence. Yet crucially those scholars did not describe the psychological mechanism by which judges’ values come to shape facts. Understanding the psychological mechanism, culturally-motivated cognition, is a necessary first step to counteract the impact of cognitive illiberalism. Cognitive illiberalism results from the manner in which legal decisionmakers explain their decisions, and how those explanations are processed by “losers” in the politico-legal wars of our society. The phenomenon of cognitive illiberalism delegitimizes legal decisions and causes societal discontent with the …
The Federal Government’S Ability To Respond To A Major Terrorist Attack: Issues, Concerns And Inadequacies In The Disaster Law Construct, M. Jonathan Gil
The Federal Government’S Ability To Respond To A Major Terrorist Attack: Issues, Concerns And Inadequacies In The Disaster Law Construct, M. Jonathan Gil
Michael J Gil
The cunning and zeal of the world’s terrorist organizations require that this country prepare itself for large-scale disaster relief operations. As it stands, the Stafford Act, as well as federal and local government policies are lacking. The federal government has floundered in past situations, and Americans have died as a result. In order to remedy these shortcomings, the government should take two different stances: hands on, and hands off. The hands-on approach is designed to address the shortfalls of past disaster response and the current system, while the hands-off approach is designed to allow the entire relief operation to operate …
Reclaiming The Promise Of The Indian Child Welfare Act: A Study Of State Incorporation And Adoption Of Legal Protections For Indian Status Offenders, Thalia Gonzalez
Reclaiming The Promise Of The Indian Child Welfare Act: A Study Of State Incorporation And Adoption Of Legal Protections For Indian Status Offenders, Thalia Gonzalez
Thalia Gonzalez
No abstract provided.
Reforming Intestate Inheritance For Stephchildren And Stepparents, Terin Cremer
Reforming Intestate Inheritance For Stephchildren And Stepparents, Terin Cremer
Terin Barbas Cremer
The current Uniform Probate Code (UPC) and state statutes relating to stepfamilies fail to achieve the purpose of intestacy statutes: to satisfy the likely intent of the decedent of a blended family and care for his or her family. More than one-half of all Americans have lived in, are currently living in, or will live in, a stepfamily, yet stepchildren and stepparents are excluded from intestate succession. The UPC drafters developed the language at a time when blended families were the exception rather than the norm. This Article proposes statutory language consisting of a series of factors courts can use …
Eliciting An Emotional Response: An Analysis Of Revenge And The Criminal Justice System, Daniel Johnson
Eliciting An Emotional Response: An Analysis Of Revenge And The Criminal Justice System, Daniel Johnson
Daniel Johnson
This essay analyzes the role of revenge, if any, in the criminal justice system today. In particular it focuses on the propriety of victim impact statements, predominately in relation to a defendant's opportunity to produce mitigating evidence at trial. Through the course of the evaluation, the paper looks at the psychological effects, both positive and negative, of our current criminal justice system in relation to other, revenge-based systems.
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer
Selling Sex: Analyzing The Improper Use Defense To Contract Enforcement Through The Lens Of Carroll V. Beardon, Julie M. Spanbauer
Julie M. Spanbauer
The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon, occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a “madam” sold a house used for prostitution to another “madam.” The opinion is the last in a long line of cases to speak specifically to the issue of enforcement of facially legitimate contracts that in some manner arguably involve or are related to prostitution and is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law …
No More Abuse: The Dodd-Frank And Consumer Financial Protection Act's "Abusive" Standard, Tiffany S. Lee
No More Abuse: The Dodd-Frank And Consumer Financial Protection Act's "Abusive" Standard, Tiffany S. Lee
Tiffany S Lee
The Dodd-Frank Wall Street Reform and Consumer Financial Protection Act creates the new Bureau of Consumer Financial Protection. This consumer watchdog will be responsible for the most powerful consumer protections in American history. Under section 1031(d) of the Act, the Bureau may ban acts and practices that are unfair, deceptive, or abusive. While the unfair and deceptive standards have existed for some time, “abusive” is a relatively new legal standard with limited jurisprudential history. Thus, ironically, critics assert that the inclusion of the abusive standard is itself an abuse of legislative power. This Article asserts that despite some criticism to …
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn
Michael E Lewyn
PowerPoints for a speech explaining that sprawl in Canada is (1) less extensive than in the USA and (2) caused partially by government regulation.
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Rethinking Gps Devices And Fourth Amendment Rights, Allison W. Chan
Allison W Chan
Technology advances rapidly. Constant innovation, however, comes at a cost. Law enforcement is able to engage in wholesale surveillance of suspects by attaching Global Positioning System (“GPS”) devices to their vehicles. Attaching GPS devices to those vehicles has few, if any, restrictions. Law enforcement does not need a warrant. Officers may legally attach a GPS device anytime a vehicle is in “public space.” However, the problem is that courts have been unable to agree on what constitutes public space, especially with regards to residential curtilage. In 2010, the Ninth Circuit held in United States v. Pineda Moreno, 591 F.3d 1212 …
Face-Recognition Surveillance: A Moment Of Truth For Fourth Amendment Rights In Public Places, Douglas Fretty
Face-Recognition Surveillance: A Moment Of Truth For Fourth Amendment Rights In Public Places, Douglas Fretty
Douglas A Fretty
Americans are increasingly monitored with face-recognition technology (FRT), a surveillance tool that allows the state to identify a pedestrian based on a pre-existing database of facial photographs. This Article argues that FRT embodies the fundamental Fourth Amendment dilemmas raised by contemporary digital surveillance and will serve as harbinger for the Amendment’s future. FRT cases will test whether people retain a reasonable expectation of privacy in their identities when they move in public, and whether the aggregation of information about a person’s movements amounts to an unreasonable search. Further, the suspicionless identification of pedestrians will test whether a seizure can occur …
Did Bin Laden's Death Make Amercia Safer?, Ryan Williams
Did Bin Laden's Death Make Amercia Safer?, Ryan Williams
Ryan T. Williams
No abstract provided.
Reflections On Fair Housing Law, Tim Iglesias
Reflections On Fair Housing Law, Tim Iglesias
Tim Iglesias
This presentation offered reflections on the state of fair housing law in light of numerous studies evaluating its effectiveness. It argues that while enforcement needs to be improved, fair housing advocates must also employ complementary strategies to reform social norms.
Antisemitism In The Academic Voice: Confronting Bigotry While Protecting Free Speech, Kenneth Lasson
Antisemitism In The Academic Voice: Confronting Bigotry While Protecting Free Speech, Kenneth Lasson
Kenneth Lasson
ANTISEMITISM IN THE ACADEMIC VOICE Confronting Bigotry While Protecting Free Speech By Kenneth Lasson * Abstract Among the abuses of the academic enterprise that have been taking place in American universities over the past several decades, and continue to this day, are failures of intellectual rigor: the abandonment of reliance on facts, common sense, and logic in the pursuit of narrow political agendas – which all too often presented in the academic voice. Students today increasingly find themselves confronted by curricula manipulated by scholarly extremists. While the number of overt antisemitic incidents has declined markedly in the United States over …
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, K Van Tassel, R Goldman
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, K Van Tassel, R Goldman
Katharine A. Van Tassel
Consumers in the United States are being exposed to steadily increasing levels of novel and untested engineered nanoparticles as a result of their contact with everyday consumer products. Nanoparticles are very small particles that are engineered using innovative technologies to be 1 to 100 nanometers in size. Just how small is small? In comparison, a human hair is 80,000 nanometers wide. Nanoscale materials are increasingly being used in a wide variety of areas, including electronic, magnetic, medical imaging, drug delivery, catalytic, materials applications, and cosmetic products. According to the National Institute of Occupational Health, new nanotechnology consumer products are coming …
Regulating The Marketplaces Of Political And Economic Ideas, Christopher S. Ford
Regulating The Marketplaces Of Political And Economic Ideas, Christopher S. Ford
Christopher S Ford
Ever since Justice Holmes’ famous dissent in Abrams v. United States, First Amendment jurisprudence has labored under the metaphor of a ‘marketplace of ideas.’ The government must abstain from regulating this market, courts and commentators have argued, to best ensure healthy and free competition among ideas. The Supreme Court has frequently relied on this metaphor when evaluating claims under the First Amendment, and did so prominently when deciding the recent case of Citizens United v. F.E.C. Yet the sweeping majority opinion by Justice Kennedy and strident dissent by Justice Stevens advance two fundamentally different ideas of how the marketplace of …
The Psychic Costs Of Violating Corruption Laws, Philip Nichols
The Psychic Costs Of Violating Corruption Laws, Philip Nichols
Philip M. Nichols
Understanding corruption is imperative for legal scholarship, both as an intellectual subject and because corruption impedes the operation of law in much of the world and inflicts damage on well-being, governance and quality of life. Legal scholars have contributed substantial quantitative research; this paper adopts a qualitative methodology. The similarities and differences between Singapore and Malaysia present opportunities for research. Interviews with discussants in those two countries indicate a real difference in the degree to which corruption laws have been internalized. Differences in the degree of internalization suggest differences in the psychic costs imposed by violation of corruption laws. Discussions …
The Problem Of Trans-National Libel, Lili Levi
The Problem Of Trans-National Libel, Lili Levi
Lili Levi
Abstract: Forum shopping in trans-national libel cases – “libel tourism” – has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the U.S. passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less protective than the First Amendment. On March 15, 2011, the British Ministry of Justice proposed a draft Defamation Act 2011 with provisions designed, inter alia, to discourage libel tourism. This Article questions the extent to which the …
An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia W. Hatamyar
An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia W. Hatamyar
Patricia W Hatamyar
This is an empirical study of 1,333 randomly-selected federal district court cases from a five-year period from 2005 to 2010. It is designed to measure the effect of the 2009 decision of Ashcroft v. Iqbal on courts’ rulings on motions to dismiss complaints for failure to state a claim under Rule 12(b)(6). The present piece expands upon my earlier study, The Tao of Pleading: Do Twombly and Iqbal Matter Empirically?, 59 AM. U. L. REV. 553 (2010). Statistical analysis of the expanded database indicates a continuing, and in some ways strengthened, tendency of courts under Iqbal to grant 12(b)(6) motions, …
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, K Van Tassel, R Goldman
The Growing Consumer Exposure To Nanotechnology In Everyday Products: Regulating Innovative Technologies In Light Of Lessons From The Past, K Van Tassel, R Goldman
Katharine A. Van Tassel
Consumers in the United States are being exposed to steadily increasing levels of novel and untested substances as a result of their contact with consumer products containing nanoparticles. Hundreds of consumer products are being marketed for human consumption, including food, dietary supplements, cosmetics and sunscreens. This expanding market ignores the growing scientific understanding that nanoparticles can create unintended human health and environmental risks. This Article discusses the public health, regulatory, legal and ethical issues raised by the developing appreciation of the health risks associated with nanotech products and is arranged as follows. After this Introduction, this Article describes the present …
Pvip Transitional Peer Mentors, Douglas J. Henderson
Pvip Transitional Peer Mentors, Douglas J. Henderson
DOUGLAS J HENDERSON
Project VETS Intervention Program (PVIP) – Hamilton County, Ohio In early 2010 Hamilton County, Ohio was chosen as the pilot site for a federally funded jail diversion intervention program – the project was named Project VETS Intervention Program (PVIP). The SAMHSA National Gains Center awarded the State of Ohio grant money as part of its second round of funding, which was aimed at helping the existing and increasing veteran criminally justice involved population, and their families, with a priority given to Operation Enduring Freedom/Operation Iraqi Freedom veterans who have suffered from Post Traumatic Stress Disorder (PTSD)/Traumatic Brain Injury (TBI). The …
Life, Death & The God Complex: The Effectiveness Of Incorporating Religion-Based Arguments Into The Pro-Choice Perspective On Abortion, Stacy A. Scaldo
Life, Death & The God Complex: The Effectiveness Of Incorporating Religion-Based Arguments Into The Pro-Choice Perspective On Abortion, Stacy A. Scaldo
Stacy A Scaldo
While speaking on the issue of healthcare in August of 2009, President Barrack Obama told a meeting of Jewish rabbis, “We are God’s partners in matters of life and death.” While the President’s message was expressly targeting choices in healthcare and end of life decisions, the statement is representative of a shift in the public rhetoric reflective of all matters concerning life - including abortion. This, indeed, would be a remarkable change in both express policy and argument identification – one that appears to be a new weapon in the arsenal of those who identify themselves with the pro-choice movement. …
Crumbs From The Table: The Syrophoenician Woman And International Law, Mark Chinen
Crumbs From The Table: The Syrophoenician Woman And International Law, Mark Chinen
Mark A. Chinen
International law has been criticized, not just for its formal incoherence, but for its alleged complicity in the exclusion of large numbers of people from the benefits and processes of the international system. In this Article I consider a story from the New Testament for what it might say about those critiques. A woman of Syrophoenician origin, whose daughter is possessed by an evil spirit, asks Jesus for help. Jesus protests, “First let the children eat all they want, for it is not right to take the children’s bread and toss it to their dogs.” The woman replies, “Yes, Lord, …