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Articles 31 - 60 of 274
Full-Text Articles in Law
Public Utilities And Environmental Justice: Electric Restructuring And Deregulation And Low-Income Communities, James W. Moeller
Public Utilities And Environmental Justice: Electric Restructuring And Deregulation And Low-Income Communities, James W. Moeller
University of the District of Columbia Law Review
Thirty years ago, Potomac Electric Power Company ("PEPCO") sold electric power generated by coal-burning power plants located in the Washington region. Today, PEPCO can sell electric power generated by coal-burning and nuclear power plants located in West Virginia, Pennsylvania,and Illinois. By importing electric power from those states, PEPCO can, in effect, export to those states the environmental impact of coal-burning and nuclear power plants that generate power for affluent PEPCO consumers in the District of Columbia and Maryland.This "outsourcing" of electric power generation was made possible by seismic changes in the structure of the electric utility industry wrought by Congress …
An Overview Of Industrial Hemp Law In The United States, Marc Adesso, Pirjin Laser, Alex Mills
An Overview Of Industrial Hemp Law In The United States, Marc Adesso, Pirjin Laser, Alex Mills
University of the District of Columbia Law Review
Since the writing of this note, the Agricultural Improvement Act of 2018 (the "Farm Bill") was signed into law by President Trump on December 20, 2018. Thus, the note below does not account for the passage of the Farm Bill and resulting change in federal law. What follows is a brief summary of sections of the Farm Bill and its relation to hemp: The Farm Bill legalizes hemp by defining it as an agricultural commodity under federal law. Removed from this new definition of hemp, are the parts of the cannabis plant that make it illegal under the Controlled Substances …
Taxation And Reducing Recidivism: A Legal Comparative Analysis Of Reducing Recidivism In States And A Federal Solution For The Future, Israel X. Nery, Scott B. Astrada
Taxation And Reducing Recidivism: A Legal Comparative Analysis Of Reducing Recidivism In States And A Federal Solution For The Future, Israel X. Nery, Scott B. Astrada
University of the District of Columbia Law Review
In this article, we will focus on employer-based tax incentives for hiring ex-offenders. Central to the discussion will be the Work Opportunity Tax Credit ("WOTC"), which provides a tax credit to employers who hire qualified employees/ex-offenders under the program. Additionally, we will explore various state programs modeled on a tax-based incentive and conduct a comparative assessment of where federal and state programs are effective and where there is potential for reform. Without targeted policy solutions to address employment obstacles, ex-offenders are left facing persistent employment barriers as they attempt to return to their communities and start a new life after …
Toward A Just System For Juveniles, Karl A. Racine, Elizabeth Wilkins
Toward A Just System For Juveniles, Karl A. Racine, Elizabeth Wilkins
University of the District of Columbia Law Review
Each year as a nation we prosecute over 800,000 children-nearly three percent of the juvenile population2 and detain over 200,000 of them.3 That is, we saddle almost three percent of our youth with the experience of being a defendant in court, with the label of delinquency. And we separate over a quarter of those youth from family and community for some period of time. The overwhelming majority of these children have experienced life-altering trauma in their young lives, and these experiences with the juvenile justice system can exacerbate that trauma.4 Yet,while we are affecting our young people on this massive …
The Eviction Geography Of New Orleans: An Empirical Study To Further Housing Justice, Davida Finger
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 …
Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts
Navigating The Unknown: Why Scotus Ought To Again Affirm That Achieving True Diversity In Higher Education Is A Compelling Interest That Satisfies Strict Scrutiny When It Rehears Fisher, Kenrick Frank Roberts
University of the District of Columbia Law Review
On June 29th, 2015, the Supreme Court agreed to once again hear oral arguments in Fisher. This decision is troubling to supporters of Affirmative Action policies because of the Court's indistinguishable motivation for hearing the case a second time. This Note argues that theCourt must continue to allow race-based considerations in higher education admissions policies. Part I takes a look at the beginnings of affirmative action and the effects of past discrimination on the educational attainment of minorities. Part II charts the case law related to affirmative action in higher education. Part III tracks how the meaning of narrowly-tailored has …
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution, Sally Tyler
Of Temples And Territory: The Icj's Preah Vihear Decision And Implications For Regional Dispute Resolution, Sally Tyler
University of the District of Columbia Law Review
Occupying a mere 4.6 kilometers on the frontier betweenThailand and Cambodia, the temple of Preah Vihear maintains secondary importance in the pantheon of ancient Khmer architecture to the more celebrated complex at Angkor. Even so, it has been the source of tremendous conflict throughout the 20th and 21st centuries. This conflict claimed the lives of both civilians and soldiers in 2011, and forced the dislocation of tens of thousands of villagers. Encompassing questions of cultural heritage and border demarcation, Preah Vihear has grown as a symbol of identity and self-direction within both Thailand and Cambodia. The 1962 International Court of …
Behavioral Genetics & Criminal Culpability: Addressing The Problem Of Free Will In The Context Of The Modern American Justice System, Tufik Y. Shayeb
Behavioral Genetics & Criminal Culpability: Addressing The Problem Of Free Will In The Context Of The Modern American Justice System, Tufik Y. Shayeb
University of the District of Columbia Law Review
More important than the insensitivity of certain criminal offenders to changes and benefits is the impropriety of casting the crime problem wholy in terms of a utilitarian calculus. The most serious offenses are crimes not simply because society finds them inconvenient, but because it regards them with moral horror. To steal, to rape, to rob, to assault - these acts are destructive of the very possibility of society and affronts to the humanity of their victims.
The Social Maladjustment Exclusion: Leaving A Category Of Students Behind And The Problem With State And Judicial Interpretation Of Congressional Intent, Carolyn Mason
University of the District of Columbia Law Review
Since its inception in 1975, controversy surrounding the Social Maladjustment Exclusion has plagued its understnding. This paper delves deeper into the controversy and explores jurisdictional and nationwide patterns in the judicial interpretation of the social maladjustment exclusion. This analysis further demonstrates how the evolving interpretation of social maladjustment is out of touch with the needs of vulnerable youth in our schools and society, and may be based, in large measure, on a small group of non-representative plaintiffs.
Congressional Management Of The District Of Columbia Prior To Home Rule: The Struggle To Understand Power Lines In The Nation's Capital, James Moeller
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.
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law, Thomas E. Perez
22nd Annual Joseph L. Rauh, Jr. Lecture. University Of The District Of Columbia David A. Clarke School Of Law, Thomas E. Perez
University of the District of Columbia Law Review
No abstract provided.
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman
Reversing The School-To-Prison Pipeline: Initial Findings From The District Of Columbia On The Efficacy Of Training And Mobilizing Court-Appointed Lawyers To Use Special Education Advocacy On Behalf Of At-Risk Youth, Kylie Scholefield, Joseph B. Tulman
University of the District of Columbia Law Review
This article will describe the implementation and analyze the results of an attorney training and mobilizing project of the Juvenile and Special Education Law Clinic (Clinic) 1 of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL).2 This project was premised in part on the notion that many of the children caught in the District of Columbia's school-to-prison pipeline have disabilities that significantly affect their ability to learn, and that many of these children therefore encounter, more than other children, conflict with school personnel and failure in school. These children disproportionately repeat grades, face school …
Civil Protection Orders: Increased Access And Narrowed Enforcement, Courtney Cross
Civil Protection Orders: Increased Access And Narrowed Enforcement, Courtney Cross
University of the District of Columbia Law Review
The statute governing civil protection orders in the District of Columbia is the Intrafamily Offenses Act,1 which has been in effect since 1970.2 This statute has been amended frequently over the past 45 years. While some of these changes have been clerical3 or procedural,4 there have also been substantive amendments which, inter alia,significantly expand both who may file for a protection order and what remedies that petitioner may request and receive. Yet this expansion has coincided with an intense scaling back by the judiciary of who can prosecute alleged violations of protection orders. While the statute continues to enable more …
Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague
Next Generation Tanf: Reconceptualizing Public Assistance As A Vehicle For Financial Inclusion, Aleta Sprague
University of the District of Columbia Law Review
Fifty years into the War on Poverty, the ability to fully participate in American economic life is predicated on access to basic financial services and mechanisms; yet, public programs designed to support the economic advancement of people in poverty often explicitly excludeinte nded beneficiaries from meaningful engagement with financial institutions. To promote economic opportunity for families accessing public assistance, we need policy reforms that both remove access barriers and create entry points to the financial mainstream. Safe and affordable financial products are foundational to financial inclusion. Unbanked and "underbanked" households-the vast majority of which are low-income---often rely on high-cost credit, …
Reporting Homeless Parents For Child Neglect: A Case Study From Our Nation's Capital, Marta Beresin
Reporting Homeless Parents For Child Neglect: A Case Study From Our Nation's Capital, Marta Beresin
University of the District of Columbia Law Review
In September 2012, Mary Brown called the Washington Legal Clinic for the Homeless (the Legal Clinic); she was being threatenedwith the loss of her children, then eight- and nine-years-old, for the sole reason that she was homeless. Before she sought legal advice, Mary had requested shelter for her family but had been denied. The irony of Mary's case is that the D.C. government agreed she was homeless and agreed that she needed to shelter her two daughters for their safety, but instead of sheltering her, the D.C. government reported her to child protective services. Mary and her daughters were turned …
The Real Marriage Penalty: How Welfare Law Discourages Marriage Despite Public Policy Statements To The Contrary - And What Can Be Done About It, Spencer Rand
University of the District of Columbia Law Review
Couples regularly complain about marriage penalties,' discovering that the tax consequences of marrying make the cost of marriage prohibitive.2 Although attempts were made in the last decade to reduce those penalties for the middle class,3 the poor were not helped by these changes. 4 Along with tax penalties, including low-income wage earners facing severe decreases or becoming entirely ineligible for the Earned Income Tax Credit (EITC) when they marry, the most common penalties reduce or eliminate government benefits upon marriage.
The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein
The Struggle To Rise Above The Shadows Before Sunset: A Critical Discussion On The Need To Lift The Expiration And Renewal Requirements Of Daca And Dapa, Anna Oguntimein
University of the District of Columbia Law Review
Reasoning that judicial economy is best served when a law enforcement agency determines how to expend its limited enforcemen tresources, the Supreme Court has held that the decision to exercise prosecutorial discretion is presumptively unreviewable.1 In the realm of immigration law, Deferred Action for Childhood Arrivals (DACA) and the recently announced Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) promote the goal of judicial economy by imposing a freeze on the deportation of eligible noncitizens who either entered the United States as children or who have a child who is a U.S. citizen or lawful permanent resident …
Revisiting The War On Poverty: How Policy Can Better Shape The Income And Wages Of Families With Children, Joy Moses
University of the District of Columbia Law Review
Fifty years ago, President Lyndon B. Johnson launched a "War on Poverty" while delivering his first State of the Union address on January 8, 1964. His language conveyed ambitious plans to recreate American society:This budget, and this year's legislative program, are designed to help each and every American citizen fulfill his basic hopes-his hopes for a fair chance to make good; his hopes for fair play from the law; his hopes for a full-time job on full-time pay; his hopes for a decent home for his family in a decent community; his hopes for a good school for his children …
The Continuing Work Of The Bellow Scholars, Jeanne Charn
The Continuing Work Of The Bellow Scholars, Jeanne Charn
University of the District of Columbia Law Review
In November 2010, the University of the District of Columbia David A. Clarke School of Law hosted the fourth Bellow Scholar Workshop and subsequently published the work of two Bellow Scholars in Volume 16 of the UDC Law Review.1 I was privileged to contribute a foreword to Volume 16 in which I commented on thelegacy of my late husband, Gary Bellow, and offered a brief narrative of the origins of the Association of American Law Schools (AALS) Clinical Section's Bellow Scholar program.2 Most of the earliest Bellow Scholars had worked with Gary or had taken his courses. We understood that …
Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh
Lessons Unlearned: The Effects Of Statutory Ambiguity And The Interpretative Uncertainty It Injects In The Courts, Carolyn Singh
University of the District of Columbia Law Review
For centuries, courts have dealt with the challenge of imposing penalties for crimes when governing law changes. Applying the new provisions can be a straightforward exercise for courts, but when legislatures are ambiguous with regard to which law applies-forexample, to pending cases-the courts are forced to interpret what legislatures intended. For some judges, the answer is easily found in the plain meaning of the text. For others, legislative intent can become the deciding factor. Throughout United States history, this has been a manageable yet controversial task, but aside from interpretive differences among judges, creating laws with uncertainty is a dangerous …
Protecting Sacred Ground: The San Manuel Ruling And Implications For Indian Cultural Resource Preservation, Gray O'Dwyer
Protecting Sacred Ground: The San Manuel Ruling And Implications For Indian Cultural Resource Preservation, Gray O'Dwyer
University of the District of Columbia Law Review
Six hundred years ago, all land in America was Indian land.1 Then,"[Europe] conducted some of her adventurous sons into this western world.., and discovery gave title... [which] could be consummated by possession."2 This "doctrine of discovery," agreed upon between colonial powers, essentially granted title to anyone who could occupy American soil. Europeans quickly scrambled to negotiate peace treaties with native tribes so that they could install settlers and thereby claim territory. The inherent problems with these treaties were numerous; beyond conflicting interests,3 outright fraud,4 and language barriers, the terms of transfer were inherently invalid because the government that was taking …
Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman
Are There Too Many Due Process Cases? An Examination Of Jurisdictions With Relatively High Rates Of Special Education Hearings, Andrew A. Feinstein, Michele Kule-Korgood, Joseph B. Tulman
University of the District of Columbia Law Review
Congress enacted, and President Ford signed, the Education for All Handicapped Children Act (EAHCA) in 1975 to ensure that children with disabilities had access to a free appropriate public education. As the Supreme Court emphasized in Smith v. Robinson:[T]he Act establishes an enforceable substantive right to a free appropriate public education. See Board of Education of Hendrick Hudson Central School Dist. v.Rowley, 458 U.S. 176, (1982). See also 121 Cong. Rec.37417 (1975) (statement of Sen. Schweiker: "It can no longer be the policy of the Government to merely establish an unenforceable goal requiring all children to be in school. [The …
Developments In Family Law In The District Of Columbia: Three Significant Legislative Changes For Child Support, Meridel Bulle-Vu, Tianna Gibbs, Ashley Mcdowell
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 …
The Corporate Capture Of The Federal Courts: An Address From October 2, 2013, Elizabeth Warren
The Corporate Capture Of The Federal Courts: An Address From October 2, 2013, Elizabeth Warren
University of the District of Columbia Law Review
No abstract provided.
Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes
Access To Counsel In Removal Proceedings: A Case Study For Exploring The Legal And Societal Imperative To Expand The Civil Right To Counsel, Carla L. Reyes
University of the District of Columbia Law Review
Of the approximately 400,000 immigration cases pending before federal immigration courts across the country,' approximately fifty percent involve pro se respondents.2 Although empirical evidence shows that a foreign national's chances of receiving a favorable ruling doubles when an attorney represents him or her in removal proceedings, a unique confluence of history, legal tradition and policy climate have restricted immigrants' access to counsel to a ten-day window in which the immigrant may seek representation of his or her own choosing at no expense to the government. Although removal proceedings are, by definition, civil proceedings, they nevertheless involve physical detention and the …
Immigration Is Different: Why Congress Should Guarantee Access To Counsel In All Immigration Matters, Careen Shannon
Immigration Is Different: Why Congress Should Guarantee Access To Counsel In All Immigration Matters, Careen Shannon
University of the District of Columbia Law Review
This article represents a pipe dream. It envisions an America where no one would be detained, deported, and exiled without the opportunity to meaningfully challenge the grounds for such drastic action against them. Specifically, it envisions an America in which Congress would act in the interest of justice to ensure that foreign nationals held in immigration detention-no, let's call it what it is: prison-while awaiting the opportunity to challenge removability before an Immigration Judge were guaranteed the right to counsel. Similarly, it imagines that even in a time of fiscal crisis and political dysfunction, a Congress that enacts some type …
Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock
Introduction: Angles Of The Right To Counsel In Civil Cases Debate: Formalism, Immigration, Reviewability, And Empiricism, John Pollock
University of the District of Columbia Law Review
Given the recent celebrations of Gideon v. Wainwright's 5 0 th anniversary,' it is most appropriate that this Symposium issue focuses on the civil right to counsel. While Gideon was only about the right to counsel in criminal cases, many of the events and articles marking the anniversary discussed the interplay between criminal and civil cases,2 even reaching the front page of the New York Times 3 and various radio shows. 4 Yet historically, criminal and civil cases have rarely been discussed simultaneously.
The Trumpet Player's Lament: Rethinking The Civil Gideon Movement, Chad Flanders, Alexander Muntges
The Trumpet Player's Lament: Rethinking The Civil Gideon Movement, Chad Flanders, Alexander Muntges
University of the District of Columbia Law Review
In Gideon 's Trumpet,' Anthony Lewis recounts the story of Clarence Gideon, an indigent man whose appeal to the United States Supreme Court improbably culminated with the Court holding that the right to counsel in a criminal trial was a fundamental right, one which requires the states to provide counsel to indigent criminal defendants. 2 Almost fifty years later in Turner v. Rogers,3 the Court rejected the analogous argument that the right to counsel in a civil contempt proceeding was a fundamental right where an indigent, noncustodial parent faces incarceration. This argument was at the core of the civil Gideon …
The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens
The Unreviewable Irredeemable Child: Why The District Of Columbia Needs Reverse Waiver, Jamie Stevens
University of the District of Columbia Law Review
In 2005 the U.S. Department of Justice estimated that adult criminal courts prosecuted 23,000 cases involving defendants under the age of eighteen nationwide. 2 This means that those defendants faced conviction and sentencing in adult courts. Transfer of those under eighteen into adult criminal court has become the states' first line of defense in the fight against youth crime. However, recent Supreme Court decisions have cast doubt on the wisdom, and even the constitutionality of that approach. Roper v. Simmons held that the Eighth Amendment prohibits the death penalty for anyone under eighteen years of age. 3 Graham v. Florida …
Evaluating The Impact Of The Home Affordable Modification Program In Response To The Foreclosure Crisis: Why Real Estate Securitization Demands A New Approach, John Kinney
University of the District of Columbia Law Review
This case presents an unfortunate, but all too common set of circumstances in the world today. Plaintiff is a homeowner in financial distress who seeks a loan modification from an unresponsive bank relying on an ineffectual federal program. This statement, by Magistrate Lois Bloom in Rivera v. Bank of America, best captures the utter frustration felt by financially distressed homeowners and sympathetic judges regarding the government's failed efforts to stem the foreclosure crisis. Heard countless times in thousands of courtrooms across the country in the aftermath of the 2008 global financial meltdown, Magistrate Bloom expressed what seemed deliberate efforts by …