Law Commons^™

Strip Searching In The Age Of Colorblind Racism: The Disparate Impact Of Florence V. Board Of Chosen Freeholders Of The County Of Burlington, André Keeton

Michigan Journal of Race and Law

In 2012, the Supreme Court of the United States decided Florence v. Board of Chosen Freeholders of the County of Burlington. The Court held that full strip searches, including cavity searches, are permissible regardless of the existence of basic reasonable suspicion that the arrestee is in possession of contraband. Further, the Court held that law enforcement may conduct full strip searches after arresting an individual for a minor offense and irrespective of the circumstances surrounding the arrest. These holdings upended typical search jurisprudence. Florence sanctions the overreach of state power and extends to law enforcement and corrections officers the unfettered …

Cross-Racial Identifications: Solutions To The "They All Look Alike" Effect, Laura Connelly

Michigan Journal of Race and Law

On a late summer evening in August of 1997, Nathan Brown was in his apartment rocking his young daughter to sleep when the police knocked on his door. The police sought Brown, one of a few Black men in his apartment complex, after a young White woman said she had been assaulted by a shirtless Black man wearing black shorts with strong body odor walking through the complex’s courtyard. Minutes later the police took Brown outside and put him in the patrol car for a one-on-one “showup.” They brought him out by himself to see the victim wearing black shorts …

Motions 2015 Volume 52 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Incivility In Legal Writing Can Be Costly To Client And To Attorney, Douglas E. Abrams

Faculty Publications

The adversary system's pressures can strain the tone and tenor of a lawyer's oral speech, but the strain on civility can be especially great when lawyers write. Words on paper arrive without the facial expression, tone of voice, body language, and contemporaneous opportunity for explanation that can soothe face-to-face communication. Writing appears cold on the page, dependent not necessarily on what the writer intends or implies, but on what readers infer.

This article is in three parts. Part I describes two manifestations of incivility, a lawyer's written derision of an opponent, and a lawyer's written disrespect of the court. Part …

Dodging The Taxman: Why The Treasury’S Anti-Abuse Regulation Is Unconstitutional, Linda D. Jellum

University of Miami Law Review

To combat abusive tax shelters, the Department of the Treasury promulgated a general anti-abuse regulation applicable to all of subchapter K of the Internal Revenue Code of 1986. The Treasury targeted subchapter K because unique aspects of the partnership tax laws—including its aggregate-entity dichotomy—foster creative tax manipulation. In the anti-abuse regulation, the Treasury attempted to “codify” existing judicially-created anti-abuse doctrines, such as the business-purpose and economic-substance doctrines. Also, and more surprisingly, the Treasury directed those applying subchapter K to use a purposivist approach to interpretation and to reject textualism.

In this article, I demonstrate that the Treasury exceeded both its …

Nfib’S New Spending Clause: Congress’ Limited Authority To Prevent Campus Sexual Assault Under Title Ix, Ravika Rameshwar

University of Miami Law Review

“Too many girls and women still confront ‘No Trespassing’ signs throughout educational institutions,” read the introduction to the Report Card of Gender Equity written twenty five years after the passing of Title IX.1 Now, forty-three years after the passing of Title IX of the Education Amendment Act, the ‘No Trespassing’ signs have not been removed. As of 1972, females can participate in federally funded education programs—but it comes at a cost.2 A 2007 study revealed that one out of every five female college students is sexually assaulted.3 The alarming rate of sexual assault on college campuses interferes with students’ autonomy …

State Of Utah, Appellee, V. Victoria Fanton, Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal to the Utah Court of Appeals From Twu Judgments Entered by the Fifth District Judicial Court in and for Iron County, State of Utah

Regulation Or Resistance: A Counter-Narrative Of Constitutional Criminal Procedure, Alice Ristroph

Faculty Scholarship

No abstract provided.

Implementing Symmetric Treatment Of Financial Contracts In Bankruptcy And Bank Insolvency, Edward Janger

Faculty Scholarship

No abstract provided.

E-Museletter: October 2015, Kathleen Klepfer

Museletter

This Issue:

Research Tips and Technology, Skype Interviews, and more in our A'Muse sessions

Library Hours

Banned Books Week

[Study Room Reservations]

Richmond Journal of Law and the Public Interest [on scholarship repository]

Content-Based Copyright Denial, Ned Snow

Indiana Law Journal

No principle of First Amendment law is more firmly established than the principle that government may not restrict speech based on its content. It would seem to follow, then, that Congress may not withhold copyright protection for disfavored categories of content, such as violent video games or pornography. This Article argues otherwise. This Article is the first to recognize a distinction in the scope of coverage between the First Amendment and the Copyright Clause. It claims that speech protection from government censorship does not imply speech protection from private copying. Crucially, I argue that this distinction in the scope of …

Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar

Indiana Law Journal

Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning as …

Vulnerability And "Control Fraud" Economics, William K. Black

Faculty Works

"Control fraud" refers to frauds in which the person who controls a seemingly legitimate entity uses it as a "weapon" to defraud. Control frauds cause greater financial losses than all other forms of property crime - combined. We are now living in the era of recurrent epidemics of control fraud. The LIBOR and foreign exchange cartels, for example, are the largest cartels in history- by roughly three orders of magnitude. VW has just admitted that it committed over 11 million fraudulent sales. Our largest financial institutions have been revealed to be criminal enterprises - and recidivists.

This paper brings the …

Of More Than Usual Interest: The Taxing Problem Of Debt Principal, Charlene Luke

UF Law Faculty Publications

Leverage is an essential but often troubling component of the U.S. market. The financial crisis highlighted the risks and complexity of a leverage web that includes flesh-and-blood people from all walks of life and paper people from all corners of the business and investment world. In the tax area, the potentially problematic incentive effects of interest deductibility have long engaged a wide array of tax commentators and policymakers. While interest deductibility rightly receives widespread scrutiny, a more comprehensive approach to leverage is needed. This Article focuses on the surprisingly complicated tax treatment of cash (and cash equivalent) borrowings. This Article …

Keep Securities Reform Moving: Eliminate The Sec's Integration Doctrine, Stuart R. Cohn

UF Law Faculty Publications

Small and developing companies raising capital under the federal securities laws often face the considerable barrier imposed by the SEC's integration doctrine. Despite recent reforms in registration exemptions the integration doctrine has remained untouched and continues to be a significant problem for many companies needing multiple infusions of capital. This article examines and recommends that the integration doctrine be eliminated nearly in its entirety.

Domestic Violence In Saudi Arabia, Sahar Alhabdan

Maurer Theses and Dissertations

Family violence is a serious issue that affects women in Saudi Arabia. In response to cultural acceptance of violence between spouses in Saudi Arabia, the government issued its first law criminalizing domestic violence in 2013. The Protection from Abuse Act was proposed to improve protection for women and to punish the abusers, but several articles in the Act may reduce its effectiveness. Issuing laws prohibiting domestic violence cannot by itself protect women. Women should be protected under family law by preserving their rights to marry, divorce, obtain custody of children, and receive alimony. This dissertation will study the issue of …

An Assessment Of The Consumer Review Freedom Act Of 2015, Eric Goldman

Faculty Publications

No abstract provided.

The Past As Prologue, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Preservation Rules In The Federal Courts Of Appeals, Ian S. Speir, Nima H. Mohebbi

The Journal of Appellate Practice and Process

No abstract provided.

Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger

The Journal of Appellate Practice and Process

No abstract provided.

Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland

The Journal of Appellate Practice and Process

No abstract provided.

Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller

The Journal of Appellate Practice and Process

No abstract provided.

The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin

University of Arkansas at Little Rock Law Review

No abstract provided.

Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee

University of Arkansas at Little Rock Law Review

No abstract provided.

Property Law—Upending The Familiar Tools Of Estate Planning: Equity Renders Revocable Trusts Subject To The Arkansas Spousal Election. In Re Estate Of Thompson, 2014 Ark. 237, 434 S.W.3d 877., Lucy L. Holifield

University of Arkansas at Little Rock Law Review

No abstract provided.

Judicial Recusal: It’S Time To Take Another Look Post-Caperton, Robert L. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—Fourth Amendment—State V. Allen: An Effective Alternative To Unconstitutional "Safety Checks" On The State’S Waters, Christian Harrod

University of Arkansas at Little Rock Law Review

No abstract provided.

An Opening For Quid Pro Quo Corruption? Issue Advertising In Wisconsin Judicial Races Before And After Citizens United, Christopher Terry, Mitchell T. Bard

The Journal of Appellate Practice and Process

No abstract provided.

Beyond The Visiting Room: A Defense Counsel Challenge To Conditions In Pretrial Confinement, Amber Baylor

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Masthead, Cardozo Public Law, Policy And Ethics Journal, Vol. 14 (2015-16)

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.