Law Commons^™

Civil Rights Without Representation, Joanna C. Schwartz

William & Mary Law Review

Although much recent attention has been paid to qualified immunity, the biggest threat to civil rights enforcement is actually the lack of lawyers able and willing to represent people whose constitutional rights have been violated. There are small, tight-knit communities of civil rights lawyers with expertise and passion in the cities of the Great Migration, but few civil rights attorneys practice outside those urban areas. Limits on attorneys’ ability to recover fees mean that even attorneys willing to take civil rights cases will have financial incentives to decline meritorious cases if they would be expensive to litigate or if the …

Political Risk Management, Omari Scott Simmons

William & Mary Law Review

The COVID-19 pandemic and social unrest have focused considerable corporate attention on political risk. The disruptions to company operations are voluminous and diverse: entertainment and hospitality industry closures, airline industry cancellations, eviction moratoriums in residential real estate, international trade interruptions, manufacturing supply shortages, employee vaccination mandates, and ride-hailing service restrictions. Enterprise risk management (ERM) is the mechanism through which boards and their respective firms can manage complex political risks. In the current business climate, more companies should emphasize and integrate political risk oversight in their ERM programs. Although neglecting political risk may not trigger legal liability from regulators or courts, …

Qualified Knowledge: The Case For Considering Actual Knowledge In Qualified Immunity Jurisprudence As It Relates To The First Amendment Right To Record, Carly Laforge

William & Mary Law Review

This Note argues that this particular finding of the Frasier court is both pragmatically and philosophically problematic. By design, the qualified immunity doctrine seeks to shield police officers from civil rights lawsuits. However, prioritizing assumed knowledge over actual knowledge in determining what qualifies as a clearly established constitutional right harms the citizens that law enforcement officers have sworn to protect and serve. While traditional delineations of clearly established rights have involved appeals to precedent, public policy concerns are also important considerations in the qualified immunity analysis. In this way, Frasier is especially concerning in that it prioritizes the total defense …

Mooting Unilateral Mootness, Scott T. Macguidwin

Michigan Law Review

Several situations cause a case to be moot. These include settlement agreements, party collusion, changes in litigant status, and extrinsic circumstances thwarting the court from granting any relief. The final reason is unilateral mootness—when a defendant ends a lawsuit against a plaintiff’s wishes by giving them everything for which they ask. In practice, this allows defendants to strategically stop lawsuits when it is clear they are not going to win. By doing so, they prevent the court from handing down adverse precedent and preserve the opportunity to engage in similar behavior with impunity. Courts have established a series of mootness …

Recognizing The Right To Family Unity In Immigration Law, Eugene Lee

Michigan Law Review

The Trump Administration’s travel ban and separation of families at the U.S.- Mexico border drew newfound attention to the constitutional due process right to family unity. But even before then, the right to family unity has had a substantial history. Rooted in the Supreme Court’s line of privacy rights cases, the right to family unity is amorphous. This ambiguity has given rise to disagreement regarding not only legal doctrine surrounding the right but also whether the right even exists. This Note clarifies this disagreement by offering a historical account of the right to family unity and an overview of three …

Repugnant Precedents And The Court Of History, Daniel B. Rice

Michigan Law Review

Aged Supreme Court precedents continue to tolerate many practices that would shock modern sensibilities. Yet the Court lacks standard tools for phasing out decisions that offend our national character. The very cultural shifts that have reoriented our normative universe have also insulated most repugnant precedents from direct attack. And the familiar stare decisis factors cannot genuinely explain what ails societally outmoded decisions. Even for justices inclined to condemn these embarrassments in less clinical terms, it is unclear what qualifies courts to make universalist claims about contemporary American values.

The Court recently sidestepped these difficulties by insisting that one of its …

Gender Inequality Against Women Fishers In Indonesia, Ani Purwanti, Dyah Wijaningsih, Muh. Afif Mahfud, Aga Natalis

Indonesia Law Review

This study explores whether or not Law No. 7 of 2016 for the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers discriminates against women. This law supports small fishermen since it requires the government to provide them with financial stability through harvest season output guarantees. On the other hand, we discovered that Law No. 7 of 2016, about the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers, has discriminatory consequences damaging the welfare of female fishermen. Because of sociological and cultural bias, female fishermen are the most neglected segment in the fishing sector. This is in …

Ethical Issues Of The Practice Of National Security Law:Some Observations, Charles J. Dunlap Jr.

Ohio Northern University Law Review

No abstract provided.

“That The Laws Be Faithfully Executed”:The Perils Of The Government Legal Advisor, David Luban

Ohio Northern University Law Review

No abstract provided.

Beyond Aristotle: Alternative Rhetorics And The Conflict Overthe U.S. Law Professor Persona(E), Carlo A. Pedrioli

Ohio Northern University Law Review

No abstract provided.

A Theoretical Case For Standardized Vesting Documents, Chad J. Pomeroy

Ohio Northern University Law Review

No abstract provided.

Legal Education And The Legal Profession:Convergence Or Divergence?, Jerome M. Organ

Ohio Northern University Law Review

No abstract provided.

The Perspective Of Time: Some Observations On The Relationshipof Legal Education And Practice In The Past Century, Dean Gregory Mark

Ohio Northern University Law Review

No abstract provided.

Cultivating Learners Who Will Invent The Future Of Lawpractice: Some Thoughts On Educating Entrepreneurial Andinnovative Lawyers, Renee Newman Knake

Ohio Northern University Law Review

No abstract provided.

Law Schools Under Siege: The Challenge To Enhance Knowledge,Creativity, And Skill Training, Robert I. Reis

Ohio Northern University Law Review

No abstract provided.

Professor Kingsfield In Conflict:Rhetorical Constructionsof The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Ohio Northern University Law Review

No abstract provided.

Amendability-Contingent Interpretation: Implications Ofvariance In Difficulty Of Formal Constitutional Change, Darren R. Latham

Ohio Northern University Law Review

No abstract provided.

Modeling Church And State:The Ideological Use Of History In Establishmentclause Jurisprudence, Charles Kelbley

Ohio Northern University Law Review

No abstract provided.

An Explanation Of The Patient Protection Andaffordable Care Act, Wilton B. Hyman

Ohio Northern University Law Review

No abstract provided.

Introduction To “Struck By Lightning”, Richard C. Dieter

Ohio Northern University Law Review

No abstract provided.

Struck By Lightning:The Continuing Arbitrariness Of The Death Penaltythirty-Five Years After Its Re-Instatement In 1976a Report Of The Death Penalty Information Center, Richard C. Dieter

Ohio Northern University Law Review

No abstract provided.

Navigating The Uncharted Waters Ofteaching Law With Online Simulations, Ira Steven Nathenson

Ohio Northern University Law Review

No abstract provided.

Thompson V. Oklahomaand The Judicial Search For Constitutional Traditionin Celebration Of Victor Streib, Harry F. Tepker

Ohio Northern University Law Review

No abstract provided.

A Note From Hal Pepinsky, Hal Pepinsky

Ohio Northern University Law Review

No abstract provided.

Victor L. Streib Tribute, Margery B. Koosed

Ohio Northern University Law Review

No abstract provided.

Women On Death Row:A Tribute To Dean Victor Streib, Lorraine Schmall

Ohio Northern University Law Review

No abstract provided.

Standing For The Most Vulnerable, Michael L. Radelet

Ohio Northern University Law Review

No abstract provided.

A Note From Lauren Robel, Lauren K. Robel

Ohio Northern University Law Review

No abstract provided.

A Tribute To Victor Streib, Katherine Hunt Federle

Ohio Northern University Law Review

No abstract provided.

A Note From Carl Monk, Carl Monk

Ohio Northern University Law Review

No abstract provided.