Law Commons^™

The C.A.P. Effect: Racial Profiling In The Ice Criminal Alien Program, Trevor George Gardner, Aarti Kohli

Scholarship@WashULaw

The goal of the Criminal Alien Program (CAP) is to improve safety by promoting federal-local partnerships to target serious criminal offenders for deportation. Indeed, the U.S. Congress has made clear that Immigration and Customs Enforcement (ICE) “should have no greater immigration enforcement priority than to remove deportable aliens with serious criminal histories from the United States…” The Warren Institute’s analysis of arrest data pursuant to an ICE-local partnership in Irving, Texas demonstrates that ICE is not following Congress’ mandate to focus resources on the deportation of immigrants with serious criminal histories.

This study also shows that immediately after Irving, Texas …

Judging The Judges, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

The evaluation of judges, especially circuit court judges, has commanded increased attention, with the quantitative analyses of Stephen Choi and Mitu Gulati. However, the proper dimensions for the evaluation of judges remains much disputed. Critics have challenged Choi & Gulati’s scales for measuring judicial quality but have offered little that is positive that would improve measurement. The critics make philosophical challenges to whether the measures truly capture the qualities of judging we should desire, but they offer no measurement tools to improve on Choi and Gulati.

We hope to advance the theoretical and empirical evaluation by incorporating different scales for …

Public Interest, Professional Bargains: Ethical Conflicts Between Lawyers And Professional Engineers, Elizabeth J. Hubertz

Scholarship@WashULaw

Environmental experts come from many fields, including biology, geosciences, ecology, chemistry, engineering, social science, and economics. Each discipline has its own set of norms, practices, ethics, guidelines, and procedures, which differ from those of the legal profession. Wherever the disciplines intersect, there is a potential for disagreement. This Article examines one such set of potential clashes — the conflict between a lawyer‘s duties of loyalty and confidentiality, and the engineer‘s paramount duty to the public health, safety, and welfare.

Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed

Cornell Law Faculty Publications

The Status Of Trespassers On Land, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel

Cornell Law Faculty Publications

Criticism of the “politicization” of the role of federal government lawyers has been intense in recent years, with the scandals over the hiring practices at the Department of Justice, and the advice given to the administration by lawyers at the Office of Legal Counsel, concerning various aspects of the post-9/11 national security environment. Unfortunately, many of these critiques do not hold up very well under scrutiny. We lack a coherent account of what it means to “politicize” the practice of interpreting and applying the law. This paper argues that our evaluative discourse about the ethics of government lawyers is inadequately …

Collision Course - Science, Law, And Regulation In The Emerging Science Of Low Dose Toxicity, Jody A. Roberts

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Tomorrow Today - Cellulosic Ethanol: How It's Done, Who's Getting It Done, And It's Environmental Impact, Vincent Barbera

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Tire Jockey Service, Inc. V. Commonwealth: If A Used Tired Falls Into Pennsylvania And No One Is There To Regulate It, Will The Courts Make A Sound, Michael D. Beck

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Eco-Terrorism And Piracy On The High Seas: Japanese Whaling And The Rights Of Private Groups To Enforce International Conservation Law In Neutral Waters, Joseph Elliott Roeschke

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Raising Environmental Justice Claims Through The Law Of Public Nuisance, Mandy Garrells

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The No Longer Silent Problem: Confronting Noise Pollution In The 21st Century, Alexander Gillespie

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Rhode Island's Childhood Lead Poisoning Crisis Remains Painted Thickly On The Wall After State V. Lead Industries Association, Jenna Berman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Oil Over Troubled Waters: Exxon Shipping Co. V. Baker And The Supreme Court's Determination Of Punitive Damages In Maritime Law, Tanya Paula De Sousa

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Digging For Gold: The Ninth Circuit Catches The U.S. Army Corps Of Engineers With Its Finger Up The Epa's Nose In Southeast Alaska Conservation Council V. U.S. Army Corps Of Engineers, Jeffrey Shiffman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Mother Should Not Have To Adopt Her Own Child: Parentage Laws For Children Of Lesbian Couples In The Twenty-First Century, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Faculty Scholarship

In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …

Avoiding The "Secret Sentence": A Model For Ensuring That New Jersey Criminal Defendants Are Advised About Immigration Consequences Before Entering Guilty Pleas, Joanne Gottesman

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Credit Where Credit Is Due: Why Congress' Long-Awaited Equalization Of The Transit Pass And Qualified-Parking Exclusions, While Laudable, Does Not Go Far Enough, Shane Hartman

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Masthead, Volume 59 Issue 4 (2009)

Case Western Reserve Law Review

No abstract provided.

Volume 59 Issue 4 (2009), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Spencer Neth: An Appreciation, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.

Spencer Neth, Wilbur C. Leatherberry

Case Western Reserve Law Review

No abstract provided.

The Roberts Court And Access To Justice, Gene R. Nichol

Case Western Reserve Law Review

No abstract provided.

Strange Bedfellows: The Politics Of Preemption, Linda S. Mullenix

Case Western Reserve Law Review

No abstract provided.

Deconstructing Wyeth V. Levine: The New Limits On Implied Conflict Preemption, David C. Vladeck

Case Western Reserve Law Review

No abstract provided.

Empowerment Through Restraint: Reverse Preemption Or Hybrid Lawmaking, Laura E. Little

Case Western Reserve Law Review

No abstract provided.

Towards A Public Human Tissue Trust, Martin Harvey

Case Western Reserve Law Review

No abstract provided.

Challenging An Execution After Prolonged Confinement On Death Row [Lackey Revisited], Erin Simmons

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 60 Issue 1 (2009)

Case Western Reserve Law Review

No abstract provided.