Law Commons^™

Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman

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No abstract provided.

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer

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No abstract provided.

Authorship, Attribution, And Audience, Laura A. Heymann

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No abstract provided.

The Second Amendment Is Not Absolute, Sonja R. West

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This article written at Slate.com on December 7, 2015 explains that like many other constitutional rights, the right to possess firearms in the 2nd Amendment, may be regulated by Congress.

Schools Fail To Get It Right On Rap Music, Andrea L. Dennis

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School officials treat rap music as a serious threat to the school environment. Fear and misunderstanding of, as well as bias against, this highly popular and lucrative musical art form negatively shape their perspectives on this vital aspect of youth culture.

As a result, students who express themselves through rap music in a way that challenges the schoolhouse setting risk the possibility of suspension, permanent exclusion and referral to the criminal justice system.

The ongoing case of Taylor Bell is the latest and most complex battleground on which this issue is playing out.

Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen

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Associate Professor Harlan G. Cohen published "Methodology and Misdirection: Custom and the ICJ" on the European Journal of International Law's blog EILJ: Talk! on December 1, 2015.

It's Time For A Public Option In Banking, Mehrsa Baradaran

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Associate Professor Mehrsa Baradaran published this article in The Harvard Law Record on November 16, 2015. It discusses how post offices can provide ordinary citizens with banking services.

Due Process Vs. Administrative Law, Kent H. Barnett

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This article by Professor Kent Barnett was published in the Wall Street Journal on November 16, 2015. It discusses the Securities and Exchange Commission recently coming under fire for pressuring its in-house administrative-law judges to rule in its favor during agency enforcement proceedings.

Vets Just Want Fair Benefits, Patricia E. Roberts

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No abstract provided.

How The Us Post Office Can Save America—And Itself, Matt Phillips

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Professor Mehrsa Baradaran is interviewed by Quartz on her thoughts about postal banking.

How America Tolerates Racism In Jury Selection, Larry D. Thompson

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This Op-ed by Professor Larry Thompson appeared in the New York Times on October 30, 2015. Professor Thompson discusses the case, Foster v. Chatman, which will be heard by the Supreme Court on November 2, 2015. In this case, the Court will decide whether the exclusion of jurors intended to unconstitutionally influence the jury’s racial make-up in a capital murder case in Georgia.

If The U.S. Government Treated Poor People As Well As It Treats Banks, Mehrsa Baradaran

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One of the great ironies in modern America is that the less money you have, the more you pay to use it. The country’s “unbanked” must pay high fees to fringe banks to turn their paychecks into cash, pay their monthly bills, or send money to a spouse or a child. The unbanked pay much of their income—up to 10 percent—just to use their money. For these families, the total price of simple financial services each month is more than they spend on food. Indeed, it is very expensive to be poor. This article makes a proposal, transform underused post …

Postal Banking: A Lifesaver For America's Poor, Mehrsa Baradaran

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If banks are not providing credit to the poor, the state should provide it directly.The existing post office framework represents the most promising path toward effectuating such a public option. American banks long ago deserted their most impoverished communities, but post offices, even two centuries later, have remained — still rooted in an egalitarian mission. There have never been barriers to entry at post offices, and their services have been available to all, regardless of income.

Justice For The 1 Percent: A Corrupt Governor Stays Free, Those Who Should Have Never Been Jailed Die There, Jeffrey Bellin

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No abstract provided.

Cms’ Proposed Changes To The Two-Midnight Rule: Partial Restoration Of Medical Judgment, Elizabeth Weeks Leonard

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On July 1, 2015, the Centers for Medicare and Medicaid Services (CMS) announced proposed changes to the controversial Two-Midnight Rule. This payment rule clarifies the circumstances under which Medicare will consider a given hospital stay to be an inpatient service (and therefore reimbursable at a higher rate under Medicare Part A), versus an outpatient service (and therefore reimbursable at a lower rate under Part B). From the Health Affairs Blog, September 1, 2015.

Electroshock Injustice In Athens-Clarke County, Part 4, Donald E. Wilkes Jr.

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This article, part 4 in a series, reviews the Athens Clarke County Police Department's (ACCPD) decision to purchase tasers and looks at comments from ACCPD's new police chief.

Police Fatally Tase Another Georgian, Donald E. Wilkes Jr.

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This article looks at the most recent taser fatality in Georgia.

On Health Status, Choice, And Immunity, Elizabeth Weeks Leonard

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This article by Professor Elizabeth Weeks Leonard in JOTWELL on July 22, 2015, discusses discrimination on health status.

Guerrilla Warfare And The Constitution, Sonja R. West

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Earlier this week, the United States Supreme Court upheld, by a 5-4 vote, the states’ ability to execute death row inmates with a three-drug lethal injection cocktail that critics argue causes excruciating pain. The Court reasoned that states should be allowed to use the drug in question, despite its involvement in several botched executions, in part because states can no longer attain more effective alternatives. In the majority opinion, the justices spin an erroneous tale about “anti-death-penalty advocates” pressuring pharmaceutical companies into refusing to supply other, more humane drugs to the states for use in capital punishment. This alleged radical …

Tasers Kill: Electroshock Injustice In Athens-Clarke County, Part 3, Donald E. Wilkes Jr.

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The Athens-Clarke County Police Department’s campaign to popularize its decision to begin using taser electroshock weapons on the local citizenry must be recognized for what it is—a public-relations crusade based on clever misrepresentations and shifty evasions, as well as outright denials of fact. This articles reviews the the concerns about implementing tasers in Athens.

Electroshock Injustice Coming To Athens-Clarke County Part 2: More On The "Benefits" Of Police Tasering, Donald E. Wilkes Jr.

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This article reviews the Athens-Clarke County police department's arguments in implementing tasers and argues against using them in police enforcement.

A Constitutional Challenge To Nyc's Ban On Dancing, Sonja R. West

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It's a familiar story: A handsome stranger moves to town. He's been working so hard, punching his card. And he's got this feeling that he needs to tear up this town. So, of course, he wants to cut loose.

But, unfortunately, it's not quite that easy. Because if the town our stranger just moved to is New York City, and the place he's kicking off his Sunday shoes isn't one of the fewer than 120 licensed "cabarets" or "dance halls" in the city, his dancing could be against the law.

Taser Time: Electroshock Injustice Coming Soon To Athens-Clarke County, Donald E. Wilkes Jr.

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On Sunday, Apr. 19, 2015, an article in the daily newspaper in Athens announced that Athens-Clarke County Police have already received a shipment of 145 tasers and will soon begin using them on the citizenry of this county.

Although taser electroshock devices are technically classified as nonlethal weapons, this means only that their purpose is to avoid fatalities, not that they are incapable of resulting in fatalities. Use of a nonlethal weapon may and sometimes does result in death or serious injury. In recent years, at least 600 Americans, perhaps as many as 1,000, have died suddenly, unexpectedly, or shortly …

Law, Religious Change, And Samesex Marriage Posted On, Nathan B. Oman

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The Empirical Irony Of The Conflict Between Antidiscrimination And Religious Freedom, Nathan B. Oman

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The (Hoped For) Shallowness Of Progressive Skepticism Towards Religious Freedom, Nathan B. Oman

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From The Fuggers To Justice Ginsburg, Nathan B. Oman

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Happy 790th, Magna Carta!, Thomas J. Mcsweeney

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Religious Tests And The British Monarchy, Nathan B. Oman

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No abstract provided.

Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman

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No abstract provided.