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Articles 571 - 600 of 11866
Full-Text Articles in Law
Women Of Color In Immigration Enforcement, Kit Johnson
Women Of Color In Immigration Enforcement, Kit Johnson
Faculty Articles
Immigration enforcement agencies are among the most racially diverse in federal law enforcement. More than half of all women holding law enforcement positions within immigration agencies are minorities, though the overall number of female agents is relatively small. This Essay focuses on women of color in immigration enforcement. It begins with a necessary primer on immigration enforcement. Next, it traces key developments that led to the diversification of immigration enforcement, including analysis of never before published data about the racial and gender diversity of immigration agents. Then, it considers the unique benefits of hiring women of color as enforcement agents …
Catching Unfitness, Jon J. Lee
Catching Unfitness, Jon J. Lee
Faculty Articles
Bias and prejudice are pervasive in the legal profession. Yet only relatively recently has there been a recognition among those in the profession that it is imperative to sanction attorneys who manifest bias and prejudice through harassment and discriminatory acts. Even then, it took decades for the ABA to adopt Model Rule 8.4(g) to proscribe such misconduct, and its reception by states has been lukewarm at best to antagonistic at worst. This recent controversy leads to an even more fundamental question: How can the legal profession effectively regulate the multitude of ways in which an attorney may commit misconduct, given …
Judges And The Deregulation Of The Lawyer's Monopoly, Jessica Steinberg, Anna Carpenter, Colleen Shanahan, Alyx Mark
Judges And The Deregulation Of The Lawyer's Monopoly, Jessica Steinberg, Anna Carpenter, Colleen Shanahan, Alyx Mark
Faculty Articles
In a revolutionary moment for the legal profession, the deregulation of legal services is taking hold in many parts of the country. Utah and Arizona, for instance, are experimenting with new regulations that permit nonlawyer advocates to play an active role in assisting citizens who may not otherwise have access to legal services. In addition, amendments to the Rules of Professional Conduct in both states, as well as those being contemplated in California, now allow nonlawyers to have a partnership stake in law firms, which may dramatically change the way capital for the delivery of legal services is raised as …
Seeing Those We’Ve Rendered Invisible – A Clarion Call For Criminal Justice, Stephen E. Henderson, Jordan Thomas
Seeing Those We’Ve Rendered Invisible – A Clarion Call For Criminal Justice, Stephen E. Henderson, Jordan Thomas
Faculty Articles
Jonathan Rapping, Gideon’s Promise: A Public Defender Movement to Transform Criminal Justice (Beacon Press 2020) In this brief review, we situate Rapping’s work among those demanding criminal justice reform, praise an unrelated bonus, and propose a friendly amendment to nudge his vision over the finish line of justice. It will not be enough to provide newly enabled and supported public defenders to those our systems consider indigent. We ought to provide them to us all.
Uncertain Risk, Science Experiments, And The Courts, Eric E. Johnson
Uncertain Risk, Science Experiments, And The Courts, Eric E. Johnson
Faculty Articles
Legal scholarship has looked at problems of uncertainty--"unknown unknowns"--in a variety of contexts, from financial regulation to national security. This Article, however, focuses on uncertain risk in what may be its most challenging arena: experimental scientific research. Notably, this context imposes a key conceptual hurdle. In other arenas, law and regulation can work to lessen uncertainty. But with science-experiment risk, uncertainty cannot be sidestepped, since going beyond the current state of human knowledge is the whole point of experimental research. Moreover, science-experiment risk involves the highest possible stakes, since future experiments could plausibly lead to global catastrophe, even human extinction. …
Radical Reformation: Diverse Pathways To Attorney Licensure Will Yield A More Diverse Profession, Carla Pratt
Radical Reformation: Diverse Pathways To Attorney Licensure Will Yield A More Diverse Profession, Carla Pratt
Faculty Articles
No abstract provided.
Oklahoma Practice Materials: A Selective Annotated Bibliography, Darla W. Jackson
Oklahoma Practice Materials: A Selective Annotated Bibliography, Darla W. Jackson
Faculty Books and Book Chapters
No abstract provided.
The Meaningless Factual Basis Inquiry Of Rule 11(B)(3), Hayley Stillwell
The Meaningless Factual Basis Inquiry Of Rule 11(B)(3), Hayley Stillwell
Faculty Articles
The near extinction of the federal criminal trial necessarily means a near extinction of numerous constitutional rights when someone is charged with committing a crime. The limited constitutional protections embedded in a change of plea hearing, then, are exceptionally important to ensure the criminal justice system convicts only the guilty. The factual basis inquiry, which ensures a conviction is not obtained in violation of due process, therefore must be meaningfully enforced to protect the criminal defendant from being convicted of a crime he does not know he did not commit. Specifically, when an element of the crime charged is the …
The Trial Lottery, Kiel Brennan-Marquez, Darryl Brown, Stephen E. Henderson
The Trial Lottery, Kiel Brennan-Marquez, Darryl Brown, Stephen E. Henderson
Faculty Articles
Juries are the lifeblood of our criminal justice system. As the Framers clearly understood, and as the Supreme Court has consistently reaffirmed in recent years, their value goes far beyond accuracy in individual cases. Criminal juries are a democratic bulwark against overzealous state power; they keep prosecutors and police in check. Accordingly, the disappearance of traditional criminal trials is not just a problem for individual defendants. It is a problem for all of us. In this Article, we propose a novel mechanism to (partly) restore the criminal jury to its rightful pride of place—a trial lottery. In short, a small …
Algorithmic Responsibility, Algorithmic Bias, Darla Jackson
Algorithmic Responsibility, Algorithmic Bias, Darla Jackson
Other Faculty Publications
No abstract provided.
Covid-19 And The Hipaa Privacy Rule: Asked And Answered, Stacey A. Tovino
Covid-19 And The Hipaa Privacy Rule: Asked And Answered, Stacey A. Tovino
Faculty Articles
The severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus that causes coronavirus disease 2019 (COVID-19), raises important and vexing privacy and security issues. Public health officials, law and policy makers, and members of the general public disagree, for example, regarding the amount and type of individually identifiable health data that should be collected, used, and disclosed for public health surveillance, public health investigation, and public health intervention. Stakeholders also diverge in their opinions regarding the sufficiency of federal and state data privacy and security laws. Some stakeholders believe that current statutes and regulations are sufficient to protect individually identifiable …
Pore Space Property, Joseph Schremmer
Pore Space Property, Joseph Schremmer
Faculty Articles
Through modern technology, we can use the void pore space of underground rock formations for a growing number of socially beneficial purposes. These run the gamut from unconventional oil and gas production to climate change mitigation. The common law of property and tort, however, has struggled to keep up. Significant questions remain about the nature of property rights in pore space. Of particular interest are the limits, if any, on an owner’s right to use pore space for beneficial purposes when it extends beneath the land of another. For example, may A hydraulically fracture an oil well on her property …
Federal (De)Funding Of Local Police, Roger Michalski, Stephen Rushin
Federal (De)Funding Of Local Police, Roger Michalski, Stephen Rushin
Faculty Articles
Across the political spectrum, politicians, commentators, and activists frequently invoke federal funding as a lever to induce changes in local police behavior. But can federal funding function as an effective policy lever at the local level? Is federal funding or the threat of defunding a sufficiently strong tool to effectuate deeply contentious policy goals over local opposition? This Essay conducts an empirical examination of federal funding for local and state police agencies in the United States. It finds that the federal government remains a relatively minor contributor to local police budgets. We find that federal funding only reaches a minority …
The Privacy-Protection Hook In The Federal Rules, Steven Gensler, Lee Rosenthal
The Privacy-Protection Hook In The Federal Rules, Steven Gensler, Lee Rosenthal
Other Faculty Publications
No abstract provided.
The Secretary Of The Interior Has The Authority To Take Land Into Trust For Federally Recognized Alaska Tribes, Meghan O’Connor
The Secretary Of The Interior Has The Authority To Take Land Into Trust For Federally Recognized Alaska Tribes, Meghan O’Connor
American Indian Law Review
No abstract provided.
Icwa’S Irony, Marcia Zug
“The Desert Is Our Home”, Kayla Molina
“The Desert Is Our Home”, Kayla Molina
American Indian Law Review
No abstract provided.
Coeur D’Alene Tribe V. Hawks: Why Federal Courts Have The Power To Recognize And Enforce Tribal Court Judgments Against Nonmembers “Because Of The Federal Government’S Unique Relationship With Indian Tribes”, Heath Albert
American Indian Law Review
No abstract provided.
The Disproportionate Effect On Native American Women Of Extending The Federal Involuntary Manslaughter Act To Include A Woman’S Conduct Against Her Child In Utero: United States V. Flute, Andie B. Netherland
The Disproportionate Effect On Native American Women Of Extending The Federal Involuntary Manslaughter Act To Include A Woman’S Conduct Against Her Child In Utero: United States V. Flute, Andie B. Netherland
American Indian Law Review
No abstract provided.
Mirrored Harms: Unintended Consequences In The Grant Of Tribal Court Jurisdiction Over Non-Indian Abusers, Jonathan Riedel
Mirrored Harms: Unintended Consequences In The Grant Of Tribal Court Jurisdiction Over Non-Indian Abusers, Jonathan Riedel
American Indian Law Review
No abstract provided.
The Tribal Right To Exclude Others From Indian-Owned Lands, Alex Tallchief Skibine
The Tribal Right To Exclude Others From Indian-Owned Lands, Alex Tallchief Skibine
American Indian Law Review
No abstract provided.
Impact Of The Coronavirus And Federal Responses On Indigenous Peoples’ Health, Security, And Sovereignty, Libby Smith
Impact Of The Coronavirus And Federal Responses On Indigenous Peoples’ Health, Security, And Sovereignty, Libby Smith
American Indian Law Review
No abstract provided.
The Continued Persecution Of The Kurdish People In Turkey, James L. Crawford
The Continued Persecution Of The Kurdish People In Turkey, James L. Crawford
American Indian Law Review
No abstract provided.
State V. Nobles: Chance To Settle Needless Jurisdictional Turbulence, Kaylee Snyder
State V. Nobles: Chance To Settle Needless Jurisdictional Turbulence, Kaylee Snyder
American Indian Law Review
No abstract provided.
The Supreme Court Of Washington’S Broad Interpretation Of The “Reason To Know” Standard In In Re Dependency Of Z.J.G. And Why A Uniform, Broad Interpretation Of The Standard Will Lead To Better Outcomes, Dylan Hartsook
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2021 Native American Law Student Association Moot Court Competition, Eric Rolston, Polina Noskova
Winner, Best Appellate Brief In The 2021 Native American Law Student Association Moot Court Competition, Eric Rolston, Polina Noskova
American Indian Law Review
No abstract provided.
Rennard Strickland: Living Without Notes, Katheleen Guzman
Rennard Strickland: Living Without Notes, Katheleen Guzman
Other Faculty Publications
No abstract provided.
"The" Rule: Modernizing The Potent, But Overlooked, Rule Of Witness Sequestration, Daniel J. Capra, Liesa L. Richter
"The" Rule: Modernizing The Potent, But Overlooked, Rule Of Witness Sequestration, Daniel J. Capra, Liesa L. Richter
Faculty Articles
Starting with its illustration in the Apocrypha and continuing into the modern day both in courtrooms and in ubiquitous criminal procedurals, one evidence rule has proven so powerful that it has become known as "THE" Rule of Evidence. The rule of witness sequestrationdemands that multiple witnesses to the same events be examined separately from one another to prevent them from, consciously or subconsciously, tailoring their testimony to ensure that it remains consistent. Witness sequestration is conceptually simplistic and famously mighty. Yet, this bedrock protection against inaccurate trial testimony is imperiled by conflicting interpretations of Federal Rule of Evidence 615, the …