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There Is No Bruen Step Zero: The Law-Abiding Citizen And The Second Amendment, Jeff Campbell May 2023

There Is No Bruen Step Zero: The Law-Abiding Citizen And The Second Amendment, Jeff Campbell

University of the District of Columbia Law Review

In District of Columbia v. Heller, 1 the Supreme Court transformed Second Amendment law by adopting an originalist approach in gun-rights cases. Breaking from its previous cases, the Court recognized an individual right to bear arms, at least within the home.2 The Court’s method, while not fully specified, focused on history to determine the meaning of the Second Amendment. 3 But despite the abrupt change in the law, the anticipated revolution never really came. Lower courts turned away nearly every challenge to existing gun laws, sometimes by declining to extend Heller outside the home,4 sometimes by finding that the laws …


Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023, Katherine S. Broderick Mar 2023

Statement Of The District Task Force On Jails & Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia Performance Oversight Hearing For The D.C. Department Of Corrections March 1, 2023, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick Feb 2023

Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick Feb 2023

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching Jan 2023

Through A Lens Of Genocide: A Different Approach For Hate Crimes Legislation, Bruce Ching

Journal Articles

Hate crimes perpetrators select their victims based on the victims’ identity groups. Policies underlying legislation against hate crimes recognize that such crimes inflict greater harm on society than do the same actions committed for non-biased motives. Genocide may be conceptualized as hate crimes writ large; conversely, a new model of hate crimes legislation might be patterned on legal concepts of genocide scaled down to state or local levels. This new recognition could successfully address criticisms from both liberal and conservative factions along the political spectrum, offering a model that state and local governments could invoke for dealing with bias-motivated incidents …


"Serving Time And It's No Longer A Crime: An Analysis Of The Proposed Cannabis Administration And Opportunity Act, Its Potential Effects At The Federal And State Level, And A Guide For Practical Application By Local Government", R. Allyce Bailey Jul 2022

"Serving Time And It's No Longer A Crime: An Analysis Of The Proposed Cannabis Administration And Opportunity Act, Its Potential Effects At The Federal And State Level, And A Guide For Practical Application By Local Government", R. Allyce Bailey

University of the District of Columbia Law Review

There has been much recent discussion surrounding cannabis use with some researchers supporting the use of medical marijuana, some investors relishing in the recently booming cannabis and CBD industry, and some states decriminalizing marijuana and even harsh controlled substances. As it appears, at least some public opinion is changing regarding marijuana, but the law has not effectively caught up to that change. Bias in the criminal justice system has led to the over-policing of, higher conviction rates, and harsher sentences for minorities. Thus, the decriminalization of marijuana alone does not remedy the grave disproportionate negative effects on populations of color …


A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody Jul 2022

A More Grown-Up Response To Ordinary Adolescent Behaviors: Repealing Pins Laws To Protect And Empower D.C. Youth, Mae C. Quinn, Tierra Copeland, Tatyana Hopkins, Mary Brody

University of the District of Columbia Law Review

In February 2020, the District of Columbia (“District” or “D.C.”) Juvenile Justice Advisory Group (“JJAG”), issued an important report calling for decriminalization of “status offenses.” Status offenses are alleged youthful wrongdoings that are prosecuted in the District as “Persons in Need of Supervision” cases.1 This Position Paper provides additional support for JJAG’s recommendations. It offers guidance and suggestions to help the District successfully transition away from PINS prosecutions—while also ensuring community youth feel safe, supported, and empowered in their own lives as they transition to adulthood. The D.C. Metropolitan Police Department has historically been the enforcement arm to address youth …


Statement Of The District Task Force On Jails And Justice Before The Committee On Transportation And The Environment Of The Council Of The District Of Columbia. Budget Oversight Hearing For The District Department Of Transportation, Katherine S. Broderick Apr 2022

Statement Of The District Task Force On Jails And Justice Before The Committee On Transportation And The Environment Of The Council Of The District Of Columbia. Budget Oversight Hearing For The District Department Of Transportation, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The Metropolitan Police Department, Katherine S. Broderick Mar 2022

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The Metropolitan Police Department, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The D.C. Department Of Corrections, Katherine S. Broderick Mar 2022

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Budget Oversight Hearing For The D.C. Department Of Corrections, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick Mar 2022

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

D.C. Council Testimony

Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the D.C. Department of Corrections. Katherine S, Broderick. March 2, 2022.


Performance Oversight Hearing For The Metropolitan Police Department , February 17, 2022, Katherine S. Broderick Feb 2022

Performance Oversight Hearing For The Metropolitan Police Department , February 17, 2022, Katherine S. Broderick

D.C. Council Testimony

Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the Metropolitan Police Department. February 17, 2022.


Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick Jan 2022

Statement Of The District Task Force On Jails And Justice. Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.


Citizenship, Race, And Statehood, Kristina M. Campbell Jan 2022

Citizenship, Race, And Statehood, Kristina M. Campbell

Journal Articles

This Article will discuss the interplay between citizenship, race, and ratification of statehood in the United States, both historically and prospectively. Part II will discuss the development and history of the Insular Cases and the creation of the Territorial Incorporation Doctrine (“TID”), focusing on the Territory of Puerto Rico and how the issues of citizenship, race, and statehood have evolved in shadow of empire as a result. Part III will look back on the admission to the Union of New Mexico and Arizona—the forty-seventh and forty-eighth states—and discuss the substantial difficulties these territories had in getting admitted for statehood due …


Political Redistricting In The Post-Rucho Era, Robert Fisch Mar 2021

Political Redistricting In The Post-Rucho Era, Robert Fisch

University of the District of Columbia Law Review

In January of 2011, the infamous “Snake by the Lake” was born.2 Stretching along the southern coast of Lake Erie, the 9th Congressional District of Ohio covers a 120 mile-long thin strip of the state.3 The district is less than one mile wide at certain locations and is considered contiguous, a state constitutional requirement for congressional districts,4 only because the “snake” passes through portions of Lake Erie.5 In creating the district, the Ohio Republican Party, the majority party in the state legislature at the time, drew the boundaries with the intent to limit the voting power of the Democrats in …


Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros Jan 2021

Removing Police From Schools Using State Law Heightened Scrutiny, Christina Payne-Tsoupros

Journal Articles

This Article argues that school police, often called school resource officers, interfere with the state law right to education and proposes using the constitutional right to education under state law as a mechanism to remove police from schools. Disparities in school discipline for Black and brown children are well-known. After discussing the legal structures of school policing, this Article uses the Disability Critical Race Theory (DisCrit) theoretical framework developed by Subini Annamma, David Connor, and Beth Ferri to explain why police are unacceptable in schools. Operating under the premise that school police are unacceptable, this Article then analyzes mechanisms to …


Letter To State Bar Of Nevada, Legislation/Civil Rights Clinic Jan 2021

Letter To State Bar Of Nevada, Legislation/Civil Rights Clinic

Menstrual Policies and the Bar

No abstract provided.


Menstrual Equity In Schools: Existing State Laws, Marcy L. Karin, Galina M. Abdel Aziz Dec 2020

Menstrual Equity In Schools: Existing State Laws, Marcy L. Karin, Galina M. Abdel Aziz

D.C. Council Testimony

This chart supplements our November 24, 2020 testimony in support of B23-0887, the “Expanding Student Access to Period Products Act of 2020.” It compares existing state laws that provide access to free menstrual products in schools.


Testimony In Support Of B23-0887, The "Expanding Student Access To Period Products Act Of 2020" Before The Committee Of The Whole And The Committee On Education, Marcy L. Karin, Galina M. Abdel Aziz Nov 2020

Testimony In Support Of B23-0887, The "Expanding Student Access To Period Products Act Of 2020" Before The Committee Of The Whole And The Committee On Education, Marcy L. Karin, Galina M. Abdel Aziz

D.C. Council Testimony

No abstract provided.


Remarks: "When They Go Low, We Go Local" Strategies For Pursuing Dc Democracy In The Age Of Trump, Jon S. Bouker Esq. May 2020

Remarks: "When They Go Low, We Go Local" Strategies For Pursuing Dc Democracy In The Age Of Trump, Jon S. Bouker Esq.

University of the District of Columbia Law Review

Remarks of Jon S. Bouker, Esq., Chair, DC Appleseed Center for Law and Justice, at the University of the District of Columbia, David A. Clarke School of Law, Law Review Symposium, DC Democracy During the Time of Trump: 51 and 45.


2017 Keynote Speech: Dc Democracy During The Time Of Trump: 51 And 45!, Wade Henderson May 2020

2017 Keynote Speech: Dc Democracy During The Time Of Trump: 51 And 45!, Wade Henderson

University of the District of Columbia Law Review

Keynote speech of Wade Henderson at the University of the District of Columbia, David A. Clarke School of Law, Law Review Symposium, DC Democracy During the Time of Trump: 51 and 45.


Laboratory Of Democracy: How The District Of Columbia Is Using The Home Rule Act To Achieve Elements Of Statehood, Walter A. Smith Jr., Kevin M. Hilgers May 2020

Laboratory Of Democracy: How The District Of Columbia Is Using The Home Rule Act To Achieve Elements Of Statehood, Walter A. Smith Jr., Kevin M. Hilgers

University of the District of Columbia Law Review

On January 3, 2019, Congresswoman Eleanor Holmes Norton, the District of Columbia's (the "District') nonvoting delegate to the House of Representatives, reintroduced the Washington, D.C. Admission Act, which would make much of the District the 51st state. While Norton had made a tradition of opening each new Congress by introducing D.C. democracy bills, the context this time gave District advocates more reason to be optimistic. With the Democrats gaining control of the House, the bill gained a record 155 original cosponsors, and Representative Elijah Cummings, chair of the House Committee on Oversight and Reform, committed to holding a hearing on …


A Review Of The D.C. League Of Women Voters Project To Educate Sister Leagues Around The Country, Anne Anderson, Linda Beebe May 2020

A Review Of The D.C. League Of Women Voters Project To Educate Sister Leagues Around The Country, Anne Anderson, Linda Beebe

University of the District of Columbia Law Review

The League of Women Voters of the District of Columbia ("LWVDC"), a chapter of the League of Women Voters of the United States ("LWVUS" or the "League"), has long been a staunch supporter of equality for the District of Columbia ("D.C." or the "District") by advocating for voting rights in Congress, promoting local control of local affairs, and supporting a Constitutional amendment when it was proposed. Statehood for the People of D.C., as it is currently constructed, is a newer idea that has been shrouded in much confusion and misunderstanding for people in other parts of the country. In 2015, …


A Proposal To Win The District Of Columbia A Partial Vote In The House Of Representatives, Mary M. Cheh May 2020

A Proposal To Win The District Of Columbia A Partial Vote In The House Of Representatives, Mary M. Cheh

University of the District of Columbia Law Review

Unlike many citizens of the United States, citizens of the District of Columbia are denied a vote in the national legislature. Not only are they denied a voting representative on matters of national scope and importance, but Congress may control all facets of local governance for the 700,000 residents of the District. This paper suggests a new initiative. It calls for the D.C. Council, under its "Home Rule" authority granted by Congress, to amend a federal law, "The District of Columbia Delegate Act," ("Delgate Act") and give the District's delegate to the House of Representatives the authority to vote in …


The Eviction Geography Of New Orleans: An Empirical Study To Further Housing Justice, Davida Finger Mar 2019

The Eviction Geography Of New Orleans: An Empirical Study To Further Housing Justice, Davida Finger

University of the District of Columbia Law Review

Low-income tenants in the U.S. have weak bargaining power as well as limited housing and mobility options in the housing market. With no enforceable "right to housing," tenants are stuck-quite literally in the case of uninhabitable property - in unsafe and unhealthy living conditions. Poverty and economic instability make it challenging for tenants either to leave or to force repairs to substandard rental units. The author completed an empirical study of eviction cases in New Orleans in order to quantify the problem of evictions, learn more about where evictions occur throughout the municipality, and better understand who is evicted. The …


Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller Mar 2016

Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller

University of the District of Columbia Law Review

Article I, Section 8 of the U.S. Constitution authorizes the U.S.Congress to establish a federal capital and "[t]o exercise exclusive Legislation in all Cases whatsoever, over such District."' For this reason, Congress has exclusive jurisdiction over the District ofColumbia ("District"), which has neither statehood nor voting representation in Congress. In 1973, Congress enacted the District of Columbia Home Rule Act,which delegated some measure of local self-governance to the District.2Since 1973, District residents have elected their own mayor and city council. Council legislation, however, is still subject to review by Congress, which also approves the annual budget for the District.


Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell Mar 2015

Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell

University of the District of Columbia Law Review

Over the last decade, the District's child support law has changed in three significant ways: (1) by the enactment of a statute that requires sentencing judges to notify obligors of their right to modify or suspend their child support order during incarceration; (2) by the passage of a law that requires the District of Columbia government to distribute up to the first $150 of child support collected each month to custodial parents who receive Temporary Assistance for Needy Families(TANF); and (3) by substantial revisions to how child support orders are calculated under the District's Child Support Guideline (the Guideline).1 These …


Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell Jan 2014

Rising Arizona: The Legacy Of The Jim Crow Southwest On Immigration Law And Policy After 100 Years Of Statehood, Kristina M. Campbell

Journal Articles

United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its “papers please” law, SB 1070, the American Southwest has long been a bastion of discriminatory race-based law and policy – immigration and otherwise – directed toward Latinos, American Indians, African-Americans, and other non-White racial and ethnic minorities. While largely ignored by both legal and American historians, the socalled “Jim Crow …


The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper Mar 2011

The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper

University of the District of Columbia Law Review

No abstract provided.


A Discussion On The District Of Columbia's Procurement Law And The Spark That Led To Renewed Reform Efforts, Megan S. Vahey Mar 2011

A Discussion On The District Of Columbia's Procurement Law And The Spark That Led To Renewed Reform Efforts, Megan S. Vahey

University of the District of Columbia Law Review

This note explores the premise that the Council contract review process applies to all non-exempt agency contracts which meet the $1 million or multiyear thresholds. The first section explores the history of procurement law in the District of Columbia. The second section discusses procurement reform efforts. The third section provides an overview of the parks and recreation contracts controversy. Finally, the fourth section analyzes the procurement authority of exempt and non-exempt District agencies with respect to the legislative powers granted to the Council of the District of Columbia.