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Articles 11611 - 11640 of 13469
Full-Text Articles in Law
Law Among The Sight Lovers, Francis J. Mootz Iii
Law Among The Sight Lovers, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Charlie’S Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on male youth age 10-13
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Billy Speaks Out, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Ending Silence: Youth Speaking Up About Sexual Abuse In Custody - Billy Speaks Out, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Research Reports & White Papers
focusing on male youth age 14-18
An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia W. Moore
An Updated Quantitative Study Of Iqbal's Impact On 12(B)(6) Motions, Patricia W. Moore
Faculty Articles
The effect of Ashcroft v. Iqbal on pleading standards and behavior is a source of significant legal debate. This article serves as a follow-up to Professor Moore's 2010 empirical study on Iqbal's effect on courts' rulings on motions to dismiss complaints for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Professor Moore's previous study found a statistically significant increase in the likelihood that a court grants a 12(b)(6) motion with leave to amend following Iqbal. In this article, Professor Moore updates and increases the pool of cases in her database. The updated data …
Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia
Response, The Obama Administration, In Defense Of Daca, Deferred Action, And The Dream Act, Shoba S. Wadhia
Faculty Scholarship
This essay responds to “The Obama Administration, the DREAM Act and the Take Care Clause” by Robert J. Delahunty and John C. Yoo. Though I credit Yoo and Delahunty for considering the relationship between the DACA program and the President’s duties under the “Take Care” clause, they miss the mark in at least three ways: 1) Contrary to ignoring immigration enforcement, the Obama Administration has executed the immigration laws faithfully and forcefully; 2) Far from being a new policy that undercuts statutory law, prosecutorial discretion actions like DACA have been pursued by other presidents, and part of the immigration system …
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen F. Ross
Radical Reform Of Intercollegiate Athletics: Antitrust And Public Policy Implications, Stephen F. Ross
Faculty Scholarship
Universities operating major intercollegiate athletic programs are heading for, if not already in, a crisis. Corruption continues to affect major football and basketball programs, exacerbated by a failure of imagination and will in identifying and deterring corruption, and by a lack of consensus on what constitutes "corruption" when football and men's basketball stars generate millions of dollars but cannot enjoy a lifestyle commensurate with many peer students. Current levels of spending are nonsustainable at many schools. Even where intercollegiate athletic programs are sustained primarily by football and basketball revenues, otherwise visionary and questioning college presidents have yet to publicly question …
Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports
Camreta And Al-Kidd: The Supreme Court, The Fourth Amendment, And Witnesses, Kit Kinports
Faculty Scholarship
Although few noticed the link between them, two Supreme Court cases decided in the same week last Term, Ashcroft v. al-Kidd and Camreta v. Greene, both involved the Fourth Amendment implications of detaining witnesses to a crime. Al-Kidd, an American citizen, was arrested under the federal material witness statute in connection with an investigation into terrorist activities, and Greene, a nine-year-old suspected victim of child abuse, was seized and interrogated at school by two state officials. The opinions issued in the two cases did little to resolve the constitutional issues that arise in witness detention cases, and in fact …
Beyond Eros: Relative Caregiving, Agape Parentage, And The Best Interests Of Children, Sacha M. Coupet
Beyond Eros: Relative Caregiving, Agape Parentage, And The Best Interests Of Children, Sacha M. Coupet
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Unsportsmanlike Conduct: Curbing The Trend Of Domestic Violence In The National Football League And Major League Baseball, Brant Webb
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Damned If You Do, Damned If You Don't: Why Multi-Court-Involved Battered Mothers Just Can't Win, Margo Lindauer
Damned If You Do, Damned If You Don't: Why Multi-Court-Involved Battered Mothers Just Can't Win, Margo Lindauer
American University Journal of Gender, Social Policy & the Law
No abstract provided.
My Aging Minority Rural Grandparents: Disparities In The Health And Health Care Of The Rural Elderly Minority Population And The Need For Culturally Competent Health Care Providers, Camille M. Davidson
My Aging Minority Rural Grandparents: Disparities In The Health And Health Care Of The Rural Elderly Minority Population And The Need For Culturally Competent Health Care Providers, Camille M. Davidson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Informed Consent: A Right Without A Remedy Examined Through The Lens Of Maternity Care, Kristen Ann Curran
Informed Consent: A Right Without A Remedy Examined Through The Lens Of Maternity Care, Kristen Ann Curran
American University Journal of Gender, Social Policy & the Law
No abstract provided.
California Notwithstanding: Why The Ninth Circuit Erred In Following The California Supreme Court's Grant Of Standing To The Proponents Of Proposition 8, Sara Rappaport
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Reed V. Reed At 40: Equal Protection And Women's Rights
Reed V. Reed At 40: Equal Protection And Women's Rights
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Finding Women In Early Modern English Courts: Evidence From Peter King's Manuscript Reports, Lloyd Bonfield
Finding Women In Early Modern English Courts: Evidence From Peter King's Manuscript Reports, Lloyd Bonfield
Articles & Chapters
No abstract provided.
Godzilla Lives! Or, Nonrecourse Carveouts Run Amok, Marshall E. Tracht
Godzilla Lives! Or, Nonrecourse Carveouts Run Amok, Marshall E. Tracht
Articles & Chapters
The author of this article discusses two recent cases which deal with unconditional liability on nonrecourse carveouts and spring-ing guaranties. One potential consequence of these decisions: by essentially converting these contingent guaranties to unconditional guaranties, the threat of springing liability disappears and the guaranties cease to have deterrent effects. If the guarantor is li-able whether or not the single purpose entity files for bankruptcy, why not file? The result is likely to be bankruptcy filings and other "misbehavior" by borrowers. Moreover, the analysis used in these cases would put many performing loans into default along with triggering recourse, threatening substantial …
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
Articles & Chapters
Online and face-to-face harassment in schools requires a coordinated response from the school, parents, students, and government. In this Article, I address a particular subset of online and face-to-face harassment, or identity-based harassment. Identity-based aggressors highlight a quality intrinsic to someone’s personhood and demean it, deprive it of value, and use it as a weapon. They attack women, racial minorities, religious minorities, and other traditionally victimized groups. And, as such, they attack not only their particular victims but also their victims’ communities. Identity-based aggressors com- mit a constitutional evil not only because their behavior interferes with victims’ access to education, …
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
Articles & Chapters
This paper revives the notion that professionalism and the legal profession can serve as a mechanism for immigrants and those who are not born into wealth or privilege to achieve status. I draw on the example of Cohen, a Jewish lawyer who achieved a great deal of success within the profession in the early 20th Century, to argue that the rhetoric surrounding the professions allows immigrants and others to use professional success to find their way to full inclusion and citizenship. While acknowledging the merits of the critiques of the professions as rent-seeking cartels, I argue that professionalism is an …
Globalization Through The Lens Of Palace Wars: What Elite Lawyers' Careers Can And Cannot Tell Us About Globalization Of Law, Frank W. Munger
Globalization Through The Lens Of Palace Wars: What Elite Lawyers' Careers Can And Cannot Tell Us About Globalization Of Law, Frank W. Munger
Articles & Chapters
No abstract provided.
Tormented: Antigay Bullying In Schools, Ari Ezra Waldman
Tormented: Antigay Bullying In Schools, Ari Ezra Waldman
Articles & Chapters
This Article begins a theoretical and empirical discussion on bullying and cyberharassment of all students, but particularly gay and lesbian youth. Despite the recent spate of bullying-related suicides, I argue that antibullying proposals that include harsh criminal punishments for egregious cases of bullying and cyberbullying in schools lack validity as a matter of legal theory and practice. In fact, it is what makes criminalization so initially attractive — that is, the public’s emotional and retributive need for punishments equal to bullying tragedies — that ultimately leaves the proposal devoid of reason. Criminalization proposals only satisfy retributive aims and are unlikely …
The Paradox And Promise Of Restorative Attorney Discipline, Jennifer Gerarda Brown, Liana G.T. Wolf
The Paradox And Promise Of Restorative Attorney Discipline, Jennifer Gerarda Brown, Liana G.T. Wolf
Nevada Law Journal
No abstract provided.
Restorative Lawyer Discipline In Australia, Linda Haller
Restorative Lawyer Discipline In Australia, Linda Haller
Nevada Law Journal
No abstract provided.
The Promise Of Client-Centered Professional Norms, Katherine R. Kruse
The Promise Of Client-Centered Professional Norms, Katherine R. Kruse
Nevada Law Journal
No abstract provided.
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman
I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman
Nevada Law Journal
No abstract provided.
"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan
"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan
Nevada Law Journal
As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam—to think …
Food Choice And Fundamental Rights: A Piece Of Cake Or Pie In The Sky?, Kammi L. Rencher
Food Choice And Fundamental Rights: A Piece Of Cake Or Pie In The Sky?, Kammi L. Rencher
Nevada Law Journal
No abstract provided.
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel
Nevada Law Journal
See how few of the cases of the suspension of the habeas corpus law, have been worthy of that suspension. They have been either real treason, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.
Death Penalty Without A Hearing? How The Nevada Supreme Court's Decision In Bahena V. Goodyear Incorrectly Defines Discovery Sanctions And Denies Due Process To Civil Litigants, Jonathan J. Winn
Nevada Law Journal
No abstract provided.
Livestock And Climate Change – Annotated Bibliography, Julia Christian, Andrew Kirchner, Derek Nelson, Jessica A. Wentz
Livestock And Climate Change – Annotated Bibliography, Julia Christian, Andrew Kirchner, Derek Nelson, Jessica A. Wentz
Sabin Center for Climate Change Law
Over the past two decades, efforts to address climate change have primarily focused on reducing carbon dioxide (CO2) from fossil fuel combustion. The potential contribution of livestock production to climate change has been largely overlooked. Recent scholarship suggests that activities related to livestock production constitute a significant proportion of anthropogenic greenhouse gas (GHG) emissions. Although estimates of livestock’s contribution to our overall GHG emissions range broadly – from 18% to 51% – there is no question that this impact warrants serious consideration from policy makers.