Law Commons^™

Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen

Faculty Articles

A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …

Real-Time And Historic Location Surveillance After United States V. Jones: An Administrable, Mildly Mosaic Approach, Stephen E. Henderson

Faculty Articles

In United States v. Jones, the government took an extreme position: so far as the federal Constitution is concerned, law enforcement can surreptitiously electronically track the movements of any American over the course of an entire month without cause or restraint. According to the government, whether the surveillance be for good reason, invidious reason, or no reason, the Fourth Amendment is not implicated. Fortunately, that position was unanimously rejected by the High Court. The Court did not, however, resolve what restriction or restraint the Fourth Amendment places upon location surveillance, reflecting a proper judicial restraint in this nuanced and difficult …

Networks In Non-International Armed Conflicts: Crossing Borders And Defining "Organized Armed Group", Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Diffusion Of Regulatory Oversight, Jonathan B. Wiener

Faculty Scholarship

The idea of cost-benefit analysis has been spreading internationally for centuries — at least since an American named Benjamin Franklin wrote a letter in 1772 to his British friend, Joseph Priestley, recommending that Priestley weigh the pros and cons of a difficult decision in what Franklin dubbed a “moral or prudential algebra” (Franklin 1772) (more on this letter below). Several recent studies show that the use of benefit-cost analysis (BCA), for both public projects and public regulation of private activities, is now unfolding in countries on every habitable continent around the world (Livermore and Revesz 2013; Quah and Toh 2012; …

Discriminating Speech: The Heterophilia Of The Freedom Of Speech Doctrine, Zvi Triger

Cardozo Journal of Equal Rights & Social Justice

In this Article, I seek to shed light on freedom ofspeech jurisprudence as it is reflected in the Snyder v. Phelps and Skokie cases, as well as in two analogous Israeli cases, namely petitions of members of the extreme right against the pride parades in Jerusalem, as well as petitions by the same petitioners for police permits to hold anti-Arab processions in the Arab town of Umm al-Fahm.

Comparing the cases, I identify the moral relativity built into the interpretation offreedom of expression doctrine in both countries. I introduce the concept of discriminating speech, which is speech that is designed …

Tzedek Tzedek Tirdofi: How Female Religious Court Advocates Can Mitigate A Lack Of Judicial Review Of The American Beth Din System, Raquel J. Greenberg

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Toward A New Age Of Consumer Access Rights: Creating Space In The Public Accommodation For The Lgbt Community, Justin Muehlmeyer

Cardozo Journal of Equal Rights & Social Justice

The article advocates for an expanded interpretation of public accommodation laws to include LGBT individuals, arguing that current legal frameworks often fail to address their unique experiences of discrimination. It emphasizes the need to modernize the definition of public accommodations to encompass contemporary spaces where cultural interactions occur, such as schools and photography services, while proposing limited exemptions to accommodate religious beliefs. The analysis underscores the ongoing tension between anti-discrimination laws and First Amendment rights, highlighting the human impact of these legal battles through compelling cases and statistics.

Panel 1: Race To The Vote, Kristen Clarke, Keesha Gaskins, Ekow Yankah, Janai Nelson

Cardozo Journal of Equal Rights & Social Justice

Symposium: By the People, for the People... But Which People? (January 30, 2013)

Roger Williams University School Of Law 20th Anniversary Celebration Announcements, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Navigating Complex State And Federal Fisheries Jurisdictions, Thomas Bennett

Sea Grant Law Fellow Publications

No abstract provided.

Public Access: A Case Study, Elizabeth Blank

Sea Grant Law Fellow Publications

No abstract provided.

With This Ring, I Thee Control: Legal Constructions Of Feminine Identity In Bleak House And The Fellowship Of The Ring, Angela E. Lesnak

Departmental Honors Projects

No abstract.

An Examination Of Prostitution And Sex Trafficking Laws Within The United States, Allison J. Capaul

Departmental Honors Projects

As one of the oldest professions, prostitution has had a continual presence in the United States. This once tolerated activity became a public affront at the turn of the twentieth century. Failed attempts at regulation and changes in societal views then advanced the criminalization of prostitution throughout the United States: it was made completely illegal in all states with the exclusion of thirteen counties in Nevada.

At the same time, awareness of sex trafficking increased and laws attempted to protect individuals who were being transported by force, deceit, and threat of force for purposes of sex slavery. While states have …

Permanency Puzzle, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Their Brains On Google: How Digital Technologies Are Altering The Millennial Generation's Brain And Impacting Legal Education, Kari Mercer Dalton

SMU Science and Technology Law Review

No abstract provided.

Sit, Stay, Drive: The Future Of Autonomous Car Liability, Sophia H. Duffy, Jamie Patrick Hopkins

SMU Science and Technology Law Review

No abstract provided.

Patterning Rights Constitutionalism: Thirty Years With The Charter, Benjamin L. Berger, Jamie Cameron

Osgoode Hall Law Journal

No abstract provided.

Legal Threats To Game Developers, Carolyn Luedtke, Kerry Hopkins, Marco Mereu, Jonathan Blavin

SMU Science and Technology Law Review

No abstract provided.

Game Pitches In Action, Scott Ticer, Matt Himelfarb, Zack Karlsson, Patrick Sweeney

SMU Science and Technology Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

The Dance Continues: States And Multi-State Corporations Dance In And Out Of Real Space And Cyberspace, Wade M. Chumney, David L. Baumer, Roby B. Sawyers

SMU Science and Technology Law Review

No abstract provided.

Institutional Free Exercise And Religious Land Use, John Infranca

Suffolk University Law School Faculty Works

The Supreme Court’s recent decision in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C. declared that the First Amendment “gives special solicitude to the rights of religious organizations.” This recognition of institutional free exercise rights has important implications for religious land uses. The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects religious landowners from the imposition, through a land use regulation, of a substantial burden on religious exercise. Most RLUIPA claims are brought by the religious institution that owns property subject to a regulation. Nonetheless, courts and commentators evaluate these claims by applying a standard derived from cases involving …

Reforming The National Practitioner Data Bank To Promote Fair Med-Mal Outcomes, Gabriel H. Teninbaum

Suffolk University Law School Faculty Works

In 1990, the federal government created a clearinghouse to track, among other things, all medical malpractice payments made in the United States. Congress created this entity, the National Practitioner Data Bank, as a repository to hold information about individual doctors’ malpractice and disciplinary histories. Doctors’ NPDB files, while not visible to the public, are available to medical organizations and serve to aid them make better hiring decisions, as well as to prevent incompetent doctors from moving from state to state in the hope of escaping local regulators.

The NPDB’s existence, though, has become a significant barrier to malpractice claims settlement. …

Intuition Versus Algorithm: The Case Of Forensic Authorship Attribution, Lawrence Solan

Faculty Scholarship

No abstract provided.

The 9/11 Litigation Database: A Recipe For Judicial Management, Aaron D. Twerski, Judge Alvin K. Hellerstein, James A. Henderson, Jr.

Faculty Scholarship

No abstract provided.

Parsing Parenthood, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

State Law, The Westfall Act, And The Nature Of The Bivens Question, Carlos Manuel Vázquez, Stephen I. Vladeck

Georgetown Law Faculty Publications and Other Works

In a number of recent cases touching to varying degrees on national security, different courts of appeals have applied a strong presumption against recognition of a Bivens cause of action. In each of these cases, the courts’ approach was based on the belief that the creation of a cause of action is a legislative function and that the courts would be usurping Congress’s role if they recognized a Bivens action without legislative authorization. Thus, faced with a scenario where they believed that the remedial possibilities were either "Bivens or nothing," these courts of appeals chose nothing.

The concerns that …

“Publicness” In Contemporary Securities Regulation After The Jobs Act, Donald C. Langevoort, Robert B. Thompson

Georgetown Law Faculty Publications and Other Works

The JOBS Act of 2012 reflects the largest deregulatory change to the Securities Exchange Act of 1934 over its more than 75 year history. It contracts the coverage of those companies subject to the obligations of ‘publicness” and it introduces an “on ramp” that will permit most newly-public companies to meet a lesser set of disclosure, internal control and governance obligations for up to five years. We set these changes against a larger discussion of when a private enterprise should be forced to take on public status in securities regulation, a topic that has been entirely under theorized. We conclude …

Criminalizing Normal Adolescent Behavior In Communities Of Color: The Role Of Prosecutors In Juvenile Justice Reform, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent culpability, Professor Henning contends that contemporary narratives portraying black and Hispanic youth as dangerous and irredeemable lead prosecutors to disproportionately reject youth as a mitigating factor for their behavior. Although racial disparities begin at arrest and persist through every stage of the juvenile justice …

From Antislavery Lawyer To Chief Justice: The Remarkable But Forgotten Career Of Salmon P. Chase, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The name Salmon P. Chase is barely known and his career is largely forgotten. In this paper, the author seeks to revive his memory by tracing the arc of his career from antislavery lawyer, to antislavery politician, to Chief Justice of the United States. In addition to explaining why this is a career worth both remembering and honoring, the author offers some possible reasons why his remarkable achievements have largely been forgotten.