Law Commons^™

Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling

St. Mary's Journal on Legal Malpractice & Ethics

While reported cases or incidents may give us insight into the interpretation of Rule 2.15 of the Model Code of Judicial Conduct, they do not give us a sense of how often judges undertake the obligation to act under the rule. The Judicial Division of the American Bar Association developed a survey to explore the interpretation and the implementation of Rule 2.15 of the Model Code of Judicial Conduct, and to determine how and in what manner state trial court judges responded to ethical violations by lawyers and other judges. The survey looked back over a ten-year period and was …

Update On School Searches, Charles J. Russo

Educational Leadership Faculty Publications

School safety continues to present significant challenges for education leaders. Yet as educators work to maintain school safety, boards face a steady stream of litigation because officials have searched students suspected of putting themselves or others in danger. For example, students have been searched because they were suspected of bringing into schools such prohibited items as alcohol, weapons, and drugs.

Education leaders must develop up-to-date policies that ensure safety but that also comply with the Fourth Amendment’s prohibition of unreasonable searches and seizures.

The Economic Impacts Of Undocumented Immigrants In The United States, Abdulaziz Alangari

Honors Papers and Posters

There are about 11 million undocumented immigrants in the U.S., of which all are not granted a work permit. Thus, in order to survive, these immigrants seek jobs that do not require legal status but have wages significantly lower than minimum. In short, by having these immigrants work in low-wage jobs, the U.S. economy benefits by providing a diverse market to U.S. residents and thus creates a vast economy. My research paper will be talking about how the presence of undocumented immigrants is a significant factor in creating and shaping the diverse U.S. economy.

An American Reset – Safe Water & A Workable Model Of Federalism, Cara Cunningham Warren

Duke Environmental Law & Policy Forum

In 2015, at least 3.9 million Americans were exposed to lead in their drinking water at legally unacceptable levels. An additional 18 million Americans were at risk because their water systems were not in compliance with federal rules designed to detect the presence of lead contamination and to ameliorate its impact. What’s more, in 82 percent of the cases where the violation related to a health standard, no formal state or federal enforcement action was taken.

These startling statistics indicate that the Flint Water Crisis (“Flint Water”) is not an isolated event. In fact, it is a case study that …

Contemporary Perspectives On Wrongful Conviction: An Introduction To The 2016 Innocence Network Conference, San Antonio, Texas, Gwen Jordan, Aliza B. Kaplan, Valena Beety, Kieth A. Findley

Hofstra Law Review

An introduction is presented that discusses various articles in the journal on the concept of wrongful conviction that were featured at the Innocence Network Conference in San Antonio, Texas, in April 2016.

The Worst Of The Worst: Heinous Crimes And Erroneous Evidence, Scott Phillips, Jamie Richardson

Hofstra Law Review

The article discusses research conducted by scholar Samuel Gross and others on the question of whether the seriousness of a crime more often leads to wrongful convictions in the U.S. justice system, utilizing data from the U.S. National Registry of Exonerations (NRE) from 1989 to 2014. The article discusses various aspects of serious crimes, aggressive interrogation, and false confession.

Political Prosecutions In Ukraine: The Case Of Yulia Tymoshenko, Oleksandr Zadorozhnii

Hofstra Law Review

The article discusses the political nature of prosecutions against former Ukraine prime minister Yulia Tymoshenko amid the events known as the Revolution of Dignity, particularly the case against Tymoshenko concerning the negotiations of gas contracts on behalf of Ukraine state-owned firm Naftogaz and Russian firm Gazprom, following testimony given by former Ukraine president Viktor Yushchenko.

Ameliorating Lethal Injection By Using Bispectral Index Monitoring Of Inmates To Help Ensure A More Humane Death, Jennifer E. Mayer

Hofstra Law Review

The article discusses the use of bispectral index (BIS) monitoring of capital punishment inmates in order to attempt to prevent what are referred to as botched executions that can lead to inhumane deaths of capital punishment inmates during their executions. The article refers to the U.S. Supreme Court case Baze v. Rees.

The Neglected History Behind Preble V. Maine Central Railroad Company: Lessons From The "Maine Rule" For Adverse Possession, Luke Meier

Hofstra Law Review

Under the “Maine Rule” for adverse possession, only possessors who have the requisite intent can perfect an adverse possession claim. The Maine Rule has been consistently criticized. The history behind the adoption of the Maine Rule, however, and the purpose it was to serve, have been ignored. This Article fills that void. This inquiry leads to some surprising revelations about the Maine Rule. The Maine Rule was originally adopted so as to distinguish prior Maine cases rejecting adverse possession in mistaken boundary situations. The purpose behind the Maine Rule, then, was to enable—rather than prohibit— adverse possession. The history surrounding …

Expanding The Reach Of The Commodity Exchange Act's Antitrust Considerations, Gregory Scopino

Hofstra Law Review

The article discusses the expansion of the U.S. legislation the Commodity Exchange Act (CEA) regarding antitrust law. It discusses the role of the U.S. agency the Commodity Futures Trading Commission (CFTC) and CFTC regulations with an emphasis on the U.S. legislation the Sherman Act of 1890, enforcement actions the CFTC can bring, and analyzes a section of the CFTC implementing rule known as CFTC Regulation 23.607. The article also discusses the significance of the Dodd-Frank Act.

Brady V. Maryland, Attorney Discipline, And Materiality: Failed Investigations, Long-Chain Evidence, And Beyond, David Crump

Hofstra Law Review

The article discusses the legal concept known as the Brady doctrine, derived from the U.S. Supreme Court case Brady v. Maryland, particularly the requirement of materiality on the part of the government. It examines Rule 3.8(e) of the "D.C. Rules of Professional Conduct," examples of the Brady doctrine, and related cases such as Smith v. Cain, Connick v. Thompson, and In re Kline.

Defining Hate Speech, Andrew Sellars

Faculty Scholarship

There is no shortage of opinions about what should be done about hate speech, but if there is one point of agreement, it is that the topic is ripe for rigorous study. But just what is hate speech, and how will we know it when we see it online? For all of the extensive literature about the causes, harms, and responses to hate speech, few scholars have endeavored to systematically define the term. Where other areas of content analysis have developed rich methodologies to account for influences like context or bias, the present scholarship around hate speech rarely extends beyond …

Juvenile Competency And Pretrial Due Process: A Call For Greater Protections In Massachusetts For Juveniles Residing In Procedural Purgatory, Mark Rapisarda, Wendy J. Kaplan

Faculty Scholarship

While juvenile courts continue to balance and reevaluate the dual goals of community safety and rehabilitation of youth, juveniles who are not competent to stand trial have been left without sufficient procedural protections. This paper examines Massachusetts’ approach to juvenile competency, due process, and pretrial procedure, within a national context. The inadequacies of the Massachusetts juvenile competency laws are not unique. Currently there are nineteen states that either entirely lack juvenile-specific competency legislation or merely incorporate inapposite adult criminal statutes and standards into the juvenile context—making it difficult or impossible for those juvenile courts to dismiss or divert a delinquency …

The Privacy Policymaking Of State Attorneys General, Danielle K. Citron

Faculty Scholarship

Accounts of privacy law have focused on legislation, federal agencies, and the self-regulation of privacy professionals. Crucial agents of regulatory change, however, have been ignored: the state attorneys general. This article is the first in-depth study of the privacy norm entrepreneurship of state attorneys general. Because so little has been written about this phenomenon, I engaged with primary sources — first interviewing state attorneys general and current and former career staff, and then examining documentary evidence received through FOIA requests submitted to AG offices around the country.

Much as Justice Louis Brandeis imagined states as laboratories of the law, offices …

Is The Wto Passé?, Kyle Bagwell, Chad P. Bown, Robert W. Staiger

Dartmouth Scholarship

No abstract provided.

The “New Insiders”: Rethinking Independent Directors’ Tenure, Yaron Nili

UC Law Journal

Director independence is a cornerstone of modern corporate governance. Regulators, scholars, companies, and shareholders have all placed a strong emphasis on director independence as a means to ensure that investors’ interests in their companies are well served. But what makes a director independent? While regulators and stock exchanges have tackled this elusive standard in different ways, the end goal is always the sameensuring that the director is able to exercise truly independent judgment and further the best interests of shareholders. Surprisingly, these regulatory bodies have failed to consider the impact board tenure might have on director independence. This Article seeks …

A Bridge Over The Patent Trolls: Using Antitrust Laws To Rein In Patent Aggregators, Eric Young

UC Law Journal

Patents, by their very nature, are a type of monopoly, and are so important to our country’s intellectual and technological advancement that the Founding Fathers granted Congress the power “to promote the progress of science and useful arts, by securing for limited times to . . . inventors the exclusive right to their respective . . . discoveries.” But in recent decades, that imperative has lost its footing. Mass patent aggregators, companies that compile, hoard, and assert patent rights without contributing products to the world have contorted that vision. “Patent Trolls” assemble portfolios of weak patents to corner and dominate …

Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter

UC Law Journal

Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the courts, recent cases have focused attention on the ban on registration of offensive marks and the widespread impact of this ban on trademark owners, including a case before the Supreme Court this term. In this Article, I answer the fundamental question: Given the problems previous research has identified, what should be done about the 2(a) bar for scandalous marks? This …

The Define And Punish Clause And The Political Question Doctrine, Lyle D. Kossis

UC Law Journal

The Constitution gives Congress the power to “define and punish . . . Offences against the Law of Nations.” Congress has used this power to enact various criminal statutes that proscribe certain violations of international law. In some cases, criminal defendants argue that these statutes are unconstitutional because Congress has incorrectly defined the law of nations. Federal courts routinely entertain this argument. But the political question doctrine prevents federal courts from resolving a question when the Constitution entrusts the political branches with providing an answer. The Define and Punish Clause gives Congress, not the courts, the power to define the …

Energy Drink Regulations: Why The Time For More Fda Authority Is Not Ripe And How States Can Protect Children Without Unjustly Infringing On Adult Autonomy, Larry D. Treat

Journal of Food Law & Policy

In December of 2011, Anais Fournier ("Anais"), a fourteen-year-old from Maryland, was at the mall with her friends when she drank a twenty-four ounce Monster energy drink. Within twenty-four hours, Anais consumed a second twenty-four ounce energy drink. Together, the two Monster energy drinks Anais consumed contained around 480 milligrams ("mg") of caffeine. A few hours after the second drink, Anais went into cardiac arrest and later died from cardiac arrhythmia. An autopsy found that caffeine toxicity caused Anais's arrhythmia and impeded her heart's ability to pump blood. As it turns out, Anais suffered from a preexisting heart condition called …

2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin

Journal of Food Law & Policy

This update of China food law builds on a unique feature for the Journal of Food Law & Policy that has been provided since the Journal's inception - separate food law updates for both the United States and European Union. "Recognizing the globalness of the modem food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world's leading food regulatory systems." China's emergence as a developed, modem food regulatory system with the potential of being a leading food regulatory system makes sense given its position as a world economic powerhouse. China's role in …

Accommodating Everyone, Nicole Buonocore Porter

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 47, No. 1 2016

Seton Hall Law Review

No abstract provided.

Understanding The Law Of Torts In China: A Political Economy Perspective, Wei Zhang

Research Collection Yong Pung How School Of Law

In this paper, I tried to connect the text of the Chinese tort law with the institutional context of lawmaking in China from a political economy perspective. Two determinants, political influence and populist pressure, were identified for the tort law legislation in China, and a simple spatial model was presented to demonstrate the mechanism through which these determinants might have affected the text of the law. In particular, my research suggested that, when injurers’ political influence kept constant, the populist pressure on the injurer group tended to push the tort law rules toward the pro-victim end. On the contrary, with …

Who Controls Immigration Judges?: Towards A Multi-Institutional Model Of Administration Judge Behavior, Mark Richard Beougher

Dissertations

Numerous studies have shown dramatic variations in the rates that immigration judges grant asylum. What these studies have failed to adequately explain as of yet is why? In attempting to understand the behavior of immigration judges in asylum cases, scholars have generally taken one of two approaches, either examining immigration judge behavior through top-down bureaucratic models or with models developed through the study of the judiciary. From these studies we have learned that similarly situated asylum applicants have different chances of success based merely on the ideological leanings of the judge who decides their case. We also have learned that …

Maximinimalism, Jamal Greene

Cardozo Law Review

The article explores Chief Justice John Roberts' judicial approach, characterizing it as "maximinimalism"—a blend of narrow decision-making with deep, impactful reasoning. While Roberts is often seen as a minimalist for his emphasis on deciding cases narrowly, his rulings in significant cases like Citizens United v. FEC, Shelby County v. Holder, and NFIB v. Sebelius reveal a deeper, more substantive approach that challenges the law, thus embodying maximalist tendencies. This duality allows the Court to influence the law profoundly while maintaining judicial restraint.

The Insular Citizens: America's Lost Electorate V. Stare Decisis, Nathan Muchnick

Cardozo Law Review

The note examines the historical and ongoing implications of the Insular Cases, which established a form of colonial governance over U.S. territories like Puerto Rico, denying residents full citizenship rights. It argues that these cases, rooted in outdated political and racial biases, contradict modern democratic principles and urges the Supreme Court to overturn this precedent to enfranchise Puerto Rican citizens.

Embedded Contracts And A Continuum Of Sovereign Debt, Odette Lienau

Cornell Law Faculty Publications

What is the relationship of a government to its population as it pertains to sovereign debt? And how does this fit into the larger web of relationships and obligations that make up the international financial arena? These questions are incredibly difficult to think through – beyond the capacity of one author alone. I am therefore grateful to have the company of Yuri Biondi, Barry Herman, Tomoko Ishikawa, and Kunibert Raffer in beginning to consider them. In addressing their thoughtful and thought-provoking comments, I see this response less as an opportunity to answer every potential challenge or differential emphasis. Indeed, the …

000084, Us Land Patent, T29s, R18e, Robert G. Flint, Mar. 28, 1861, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range, for land acquired through various US land acquisition statutes.