Law Commons^™

Comment Of Legal Scholars On Occ's Community Reinvestment Act Anpr (Docket Id Occ-2018-0008), Vincent Rougeau, Patricia A. Mccoy

Vincent D. Rougeau

Comment submitted to the federal government on a proposal to revise the rule implementing the Community Reinvestment Act.

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Dismantling Structural Inequality: Lock Ups, Systemic Chokeholds, And Race-Based Policing - A Symposium Summary, Cedric Merlin Powell, Laura R. Mcneal

Cedric M. Powell

The prominence of the carceral state in American society serves to undermine basic principles of democracy and justice, disproportionately displacing people of color and excluding them from all viable avenues of citizenship.

The Structural Dimensions Of Race: Lock Ups, Systemic Chokeholds, And Binary Disruptions, Cedric Merlin Powell

Cedric M. Powell

Disrupting traditional conceptions of structural inequality, state decision making power, and the presumption of Black criminality, this Essay explores the doctrinal and policy implications of James Forman, Jr.’s Pulitzer Prize winning book, Locking Up Our Own, and Paul Butler’s evocative and transformative book, Chokehold. While both books grapple with how to dismantle the structural components of mass incarceration, state legitimized police violence against Black bodies, and how policy functions to reify oppressive state power, the approaches espoused by Forman and Butler are analytically distinct. Forman locates his analysis in the dynamics of decision-making power when African American officials wield power …

The Life Of An Unknown Assassin: Leon Czolgosz And The Death Of William Mckinley, Cary Federman

Cary Federman

The purpose of this essay is to examine the discourses that surrounded the life of Leon Czolgosz, the assassin of President William McKinley. The gaps in Czolgosz’s life, his peculiar silences, his poor health and the ambiguity and thinness of his confession, rather than taken as instances of mental and physical distress, have, instead, been understood as signs of a revolutionary anarchistic assassin. Czolgosz is an expression of a cultural tradition in somatic form. I argue that the discursive construction of criminality, already present in the late nineteenth century within the medical and human sciences, is what shaped Czolgosz’s life …

Organizations As Evil Structures, Cary Federman, Dave Holmes

Cary Federman

Nursing practice in forensic psychiatry opens new horizons in nursing. This complex, professional, nursing practice involves the coupling of two contradictory socioprofessional mandates: to punish and to provide care. The purpose of this chapter is to present nursing practice in a disciplinary setting as a problem of governance. A Foucauldian perspective allows us to understand the way forensic psychiatric nursing is involved in the governance of mentally ill criminals through a vast array of power techniques (sovereign, disciplinary, and pastoral), which posit nurses as “subjects of power.” These nurses are also “objects of power” in that nursing practice is constrained …

Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes

Cary Federman

The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Cary Federman

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then, I …

Trade Association Law And Practice , James R. Withrow Jr., Joseph Shapiro

Joseph I Shapiro MD

No abstract provided.

Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons

Daniel Lyons

No abstract provided.

To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons

Daniel Lyons

No abstract provided.

The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons

Daniel Lyons

No abstract provided.

The Antideficiency Act Charade: A Low-Key Separation Of Powers Drama, Daniel A. Lyons

Daniel Lyons

No abstract provided.

E-Rulemaking And The Politicization Of The Comment Process, Daniel A. Lyons

Daniel Lyons

No abstract provided.

Revisiting Net Neutrality, Daniel A. Lyons

Daniel Lyons

No abstract provided.

The Administrative Law Of Deregulation: The Long Road For The Trump Administration To Undo Obama-Era Regulations, Daniel A. Lyons

Daniel Lyons

No abstract provided.

The Right Way To Protect Privacy Throughout The Internet Ecosystem, Daniel A. Lyons

Daniel Lyons

No abstract provided.

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The Ban On The Use Of Chimpanzees In Biomedical Research And Testing In The Uk Should Be Made Permanent And Legally Binding, Michelle Thew, Jarrod Bailey, Michael Balls, Michelle Hudson

Jarrod Bailey, PhD

The Coalition Government is currently considering how to transpose Directive 2010/63/EU on animal experimentation into UK law. The Directive bans the use of Great Apes in laboratories, but EU Member States can seek (now or, more likely, at some time in the future) a derogation from the Commission to permit such use, where this is considered essential for the preservation of the species in question or in relation to an unexpected outbreak of a life-threatening or debilitating clinical condition in human beings. Currently, the policy of the Government is not to approve any experiments on Great Apes, but it is …

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis

Paul Lewis

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …

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De-Escalation: What Does That Mean Anyway?, Pat Nelson

Pat Nelson, Ph.D.

Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans

Frederick H. Zemans

This article examines the history of community legal workers in Ontario, within the context of the community legal clinic movement that began in Toronto, in the early seventies. Tracing the emergence and development of community legal clinics and how their role has changed, the author directly connects the changes in the legislation, as well as the administrative changes in clinic governance, to the shifting ro le of the CLW's within Ontario's community legal clinics. The article identifies the shift in the CLW's role from one largely of community outreach and education addressing systemic problems in access to justice, to one …

Articling - A Law School Perspective, Frederick H. Zemans

Frederick H. Zemans

My good friend Gary Bellow recounts an interesting story about a family with a lovely son who, for reasons that they could not fathom, never said a word to his parents. The son went through his early years, and then into his fifth and sixth years his seventh year, his eighth year and still never spoke, at least not to them. In all other respects, the boy was just fine. He spoke with friends, he spoke at school, but he never spoke at home. And then one morning having sat down, as usual, for breakfast, he looked at his mother …

Brief For Professor Kent Greenfield As Amicus Curiae In Support Of Respondents, State Of Washington Vs. Arlene's Flowers And Ingersoll Vs. Arlene's Flowers, Kent Greenfield

Kent Greenfield

This amicus curiae brief addresses a fundamental state-law premise of Appellants’ constitutional claims that has gone largely unexplored in the prior briefing: whether Arlene’s Flowers, a Washington for-profit corporation, may obtain an exemption from generally applicable laws based on the religious beliefs of a shareholder, Mrs. Stutzman. Citing the U.S. Supreme Court’s decisions in Burwell v. Hobby Lobby Stores and Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Appellants assert that “Arlene’s free-exercise rights are synonymous with Mrs. Stutzman’s.” Those two cases, however, had nothing to do with Washington corporate law and took no stance on the authority of …