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Full-Text Articles in Law

We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier Jan 2024

We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier

University of Massachusetts Law Review

Current approaches to social equity in the cannabis industry continue to fail to promote racial equity while simultaneously exacerbating gender, environmental, and other inequities. To better understand the structural dynamics underlying this phenomenon, I first present a multi-disciplinary recounting of not only the racial inequities, but also the stigma, business, research, energy, sex and gender, hemp, and international inequities of the War on Drugs. This serves as the foundation for a compilation of the structural and theoretical reasons for how current social equity policies, whether targeting the cannabis industry, community reinvestment, social justice, or access equity, will only continue to …


The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted Jan 2024

The Cruel And Unusual Punishment Of Prison Rape: Why The Prison Rape Elimination Act Failed And How To Fix It, Savannah G. Plaisted

University of Massachusetts Law Review

Recent studies show the rate of sexual abuse endured in prisons has been steadily increasing. To remedy this issue, the Prison Rape Elimination Act was passed in 2003, however it has had no legitimate impact on the rate of sexual abuse in prisons due to the absence of mandatory rules upon prisons and a private right of action. This note will argue that prison rape is an Eighth Amendment violation but is not punished as one and that the Prison Rape Elimination Act failed to provide Survivors of prison sexual abuse with any legitimate recourse against violators of the law. …


Failing To Learn The Lessons Of Madoff: Problems With Applying Iqbal To Fraud Claims, Howard Gutman, Chris Garino Jan 2024

Failing To Learn The Lessons Of Madoff: Problems With Applying Iqbal To Fraud Claims, Howard Gutman, Chris Garino

University of Massachusetts Law Review

The Iqbal standard requires all civil actions filed in federal courts to provide detailed proof at the pleading stage for the claim to proceed. Under this standard, cases are adjudicated without the aid of discovery or deposition of witnesses. Cases are decided at the pleading stage based on the documents and statements provided by the one accused of fraud. The tools to uncover deception are not available at this stage. This article argues that the Iqbal pleading standard fails to allow civil courts to adequately detect and adjudicate fraud claims. This article explores fraudulent financial schemes, the Iqbal standard, the …


Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley Jan 2024

Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley

Marquette Intellectual Property & Innovation Law Review

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When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler Jan 2024

When We Need Someone To Blame: Officer Suicide, Justice, And The Felony Murder Rule In The Casey White Case, Mallory Sadler

Mitchell Hamline Law Review

No abstract provided.


Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes Jan 2024

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

Seattle University Law Review

The information we gathered during 2021–2023 shows that critical faculty and other academic resources are present throughout most of U.S. legal academia. Counting only full-time faculty, our limited research identified 778 contacts in 200 schools equating to nearly four contacts on average per school. But no organized critical “core” had coalesced within legal academia or, more broadly, throughout higher education expressly dedicated to defending and advancing critical knowledge and its production up to now. And yet, as the 2021–2022 formation of the Critical (Legal) Collective (“CLC”) outlined below demonstrates, many academics sense or acknowledge the need for greater cohesion among …