Law Commons^™

An Uneasy Union: Same-Sex Marriage And Religious Exemption In Washington State, Peter Dolan

Washington Law Review

Same-sex marriage promises to be one of the defining issues of the twenty-first century. While supporters of same-sex marriage have welcomed a shift in the public’s perception and increasing acceptance of same-sex marriage in the last decade, controversy remains over how to balance the competing rights between marriage equality and religious freedom. While most same-sex marriage statutes around the country include religious exemptions for religious officials, it is unclear how, or whether, these protections should extend to wedding service providers who have a religious objection to same-sex marriage. Conflicts between same-sex couples seeking wedding services and wedding service providers who …

California’S Conversion: A Ban On Minor Conversion Therapy And The Effect On Other States, Julie Laemmle

Indiana Journal of Law and Social Equality

No abstract provided.

Selling Art Or Selling Out?: A Response To Selling Art: An Empirical Assessment Of Advertising On Fertility Clinics' Websites, Jody L. Madeira

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

How Parents Are Made: A Response To Discrimination In Baby Making: The Unconstitutional Treatment Of Prospective Parents Through Surrogacy, Kimberly M. Mutcherson

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

New Thinking On Commercial Surrogacy, Richard F. Storrow

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Mothering For Money: Regulating Commercial Intimacy, Surrogacy, Adoption,, Pamela Laufer-Ukeles

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

Reproducing Hierarchy In Commercial Intimacy, Michele Goodwin

Indiana Law Journal

Roundtable on Regulating Assisted Reproductive Technology 2012

The Political Economy Of International Financial Regulation, Pierre-Hugues Verdier

Indiana Law Journal

No abstract provided.

A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia

Indiana Law Journal

No abstract provided.

Blurred Lines: State V. Griffin And The Resulting Uncertainty In North Carolina Courts Regarding The Constitutional Analysis Of Traffic Checkpoints, Michelle M. Weiner

North Carolina Central Law Review

No abstract provided.

Victimology, Personality, And Hazing: A Study Of Black Greek-Letter Organizations, Gregory S. Parks, E. Shayne, Matthew W. Hughey

North Carolina Central Law Review

No abstract provided.

End Of The Chase: Using North Carolina As A Guide For Ending Other States' Video Sweepstakes Legislative Merry-Go-Round In The Wake Of Hest Technologies V. North Carolina, Wesley Ryan Shelley

North Carolina Central Law Review

No abstract provided.

Friends With Benefits: Measuring Corruption In Politics After Citizens United, Patrick Eoghan Murray

North Carolina Central Law Review

No abstract provided.

What Matters More: A Day In Jail Or A Criminal Conviction?, John P. Gross

William & Mary Bill of Rights Journal

No abstract provided.

In Defense Of Implied Injunction Relief In Constitutional Cases, John F. Preis

William & Mary Bill of Rights Journal

If Congress has neither authorized nor prohibited a suit to enforce the Constitution, may the federal courts create one nonetheless? At present, the answer mostly turns on the form of relief sought: if the plaintiff seeks damages, the Supreme Court will normally refuse relief unless Congress has specifically authorized it; in contrast, if the plaintiff seeks an injunction, the Court will refuse relief only if Congress has specifically barred it. These contradictory approaches naturally invite arguments for reform. Two common arguments—one based on the historical relationship between law and equity and the other based on separation of powers principles—could quite …

The Eighth Amendment As A Warrant Against Undeserved Punishment, Scott W. Howe

William & Mary Bill of Rights Journal

Should the Eighth Amendment prohibit all undeserved criminal convictions and punishments? There are grounds to argue that it must. Correlation between the level of deserts of the accused and the severity of the sanction imposed represents the very idea of justice to most of us. We want to believe that those branded as criminals deserve blame for their conduct and that they deserve all of the punishment they receive. A deserts limitation is also key to explaining the decisions in which the Supreme Court has rejected convictions or punishments as disproportional, including several major rulings in the new millennium. Yet, …

Secondary Speech And The Protective Approach To Interpretive Dualities In The Roberts Court, Nat Stern

William & Mary Bill of Rights Journal

No abstract provided.

Innocent Beware: On Religion Clause Jurisprudence And The Negligent Retention Or Hiring Of Clergy, Mark Strasser

William & Mary Bill of Rights Journal

No abstract provided.

Power And Responsibility: Fourth Amendment Limits On The Use Of Molecular Scanners, Paul Wolfgramm Jr.

William & Mary Bill of Rights Journal

No abstract provided.

Election Evidence: The Promises And Realities Of California's Citizen Commission, Brett Piersma

William & Mary Bill of Rights Journal

No abstract provided.

Ecowas's Right To Intervene In Côte D'Ivoire To Install Alassane Ouattara As President-Elect, Julie Dubé Gagnon

Notre Dame Journal of International & Comparative Law

On January 6, 2011, President-elect Alassane Ouattara of Côte d’Ivoire requested the Economic Community of West African States (ECOWAS) to intervene in order to remove incumbent Laurent Gbagbo, who refused to leave power following the democratic presidential elections of November 2010. In December 2010, ECOWAS gave a final ultimatum to Laurent Gbagbo to comply with its request on ceding his throne. Otherwise, ECOWAS warned, it would be compelled to use legitimate force to serve the demands of the Ivorian people. This Article ascertains the illegality of a military intervention for pro-democratic motives in light of the current postelection crisis in …

Masthead, Volume 35 (2013-2014)

Cardozo Law Review

No abstract provided.

Criminal Forfeiture And The Sixth Amendment: The Role Of The Jury At Common Law, Richard E. Finneran, Steven K. Luther

Cardozo Law Review

Throughout its recent jurisprudence after Apprendi v. New Jersey, the Supreme Court has emphasized that its analysis of the Sixth Amendment jury trial right centers upon the historical role of the jury at common law. Just last year, in Southern Union Co. v. United States, the Court extended the Sixth Amendment jury trial right to criminal fines after concluding that the jury's verdict determined the maximum fine that could be imposed at common law. The Court remained silent, however, with regard to another financial penalty commonly applied in the federal system: criminal forfeitures. Given that the Supreme Court …

Meaningful Membership: Making War A Bit More Criminal, Rachel E. Vanlandingham

Cardozo Law Review

Should membership in a particular group, by itself be enough for the government to kill you? This Article starts with the classic lawyer's answer of "it depends," but goes beyond it to answer yes, explain why, and recommend limits. The heart of the matter is found in how the law of armed conflict treats transnational, non-state armed groups such as Al-Qaeda. When such groups are viewed analogously to state militaries, their members are lawfully subject to lethal attack based on their membership status, as distinct from their actual hostile conduct. By comparing this focus on status to federal criminal law's …

The Constitutionality Of Using Eminent Domain To Condemn Underwater Mortgage Loans, Katharine Roller

Michigan Law Review

One of the most visible and devastating components of the financial crisis that began in 2007 and 2008 has been a nationwide foreclosure crisis. In the wake of ultimately ineffective attempts at federal policy intervention to address the foreclosure crisis, a private firm has proposed that counties and municipalities use their power of eminent domain to seize “underwater” mortgage loans—-mortgage loans in which the debt exceeds the value of the underlying property—-from the private securitization trusts that currently hold them. Having condemned the mortgage loans, the counties and municipalities would reduce the debt to a level below the value of …

Reintegrating Detroit: Using Affirmative Action To Remedy The Discriminatory Effect Of Eminent Domain Takings For Economic Development, Sarah Domin

Indiana Journal of Law and Social Equality

This Note discusses eminent domain in blighted areas of Detroit, Michigan, where economic downturn combined with a shrinking population has led to large-scale demolitions in parts of the city. The central argument of this Note is that government takings for the purposes of economic development and blight eradication that fall heavily on minority populations should be allowed for their economic benefit so long as they are carefully tailored to improve racial diversity in the outcome. In spite of their disproportionate impact on poor, less-educated, and minority homeowners, takings for blight eradication should not be restricted in cities like Detroit, where …

A Right To Remain Psychotic? A New Standard For Involuntary Treatment In Light Of Current Science, Elizabeth Bennion

Loyola of Los Angeles Law Review

Mass shootings, such as the killing of school children and staff in Newtown, Connecticut, have provided brutal reminders of inadequacies in our nation’s mental health system. In the wake of these shootings, President Obama asserted that “[w]e are going to need to work on making access to mental health care as easy as access to a gun.” But what should society do when the person needing mental health treatment refuses care—when the problem is not rooted in access but in free will? When is involuntary treatment justified? In deciding whether to forcibly medicate, multiple interests come into play, including patient …

Religious Freedom Legislation In The 2013 Virginia General Assembly, Ellis M. West

Political Science Faculty Publications

If there is any Virginia law that deserves to be called "iconic," it is Section 16 of the Virginia Bill of Rights, which combines the religious freedom provision in Virginia's first Declaration of Rights (1776) with portions of Thomas Jefferson's Statute for Religious Liberty (1785). These two documents also inspired the religion clauses of the First amendment and are world famous.

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This article consists of the following sections: Section one presents the content of the proposed amendment and explains the ways in which it is unclear, redundant, and otherwise poorly written. Section two addresses the issue of whether the …

Without Precedent: Legal Analysis In The Age Of Non-Judicial Dispute Resolution, Mark Edwin Burge

Faculty Scholarship

For more than a century, the American system of legal education has predominantly emphasized the role of cases and judge-made law, but with the understanding that the craft of the lawmaking judge is constrained by the doctrine of stare decisis. This case-oriented approach to teaching law extends to statutes: students learn of the role of courts in interpreting and explaining statutes, making judicial construction of statutes part-and-parcel of statutory law. Thus, pervading the formative first year of law school is the assumption that the role of lawyers is principally to analyze what courts have done in the past in …

A Proposal To Improve The Workplace Law Curriculum From A Corporate Compliance Perspective, Nicole Buonocore Porter

Faculty Publications

The goal of this Article is to explore and propose a course [in labor and employment law] that I believe will be very valuable for law students. The goal of the course will be two-fold. The first goal will be to integrate the three areas of workplace law [Employment Discrimination, Labor Law, and Employment Law] into one course, exploring the ways that these areas of the law intersect and interact with one another. The second goal will be to teach non-litigation practical skills that will benefit students when eventually called upon to advise employers on the compliance of our workplace …