Law Commons^™

Crime Follies: Overcriminalization, Independent Prosecutors, And The Rule Of Law, Glenn Harlan Reynolds

Scholarly Works

This chapter from Peter W. Morgan & Glenn H. Reynolds, "The Appearance of Impropriety: How The Ethics Wars Have Undermined American Government, Business, and Society" describes how the combination of politically inspired prosecutions and indeterminate criminal offenses has served to undermine fairness and faith in government.

Excerpt: "In the old days, we would refrain from ringing up the cops until after there was fairly clear evidence of a crime, such as Professor Plum lying in a pool of blood in the conservatory. Off everyone would go looking for clues, with the concrete fact of Professor Plum's corpse to focus their …

Of Time, Place, And The Alaska Constitution, G. Alan Tarr

Alaska Law Review

This Article places the Alaska Constitution in historical perspective by comparing it with other state constitutions. It first considers how the convention delegates’ need to satisfy four audiences—Congress, Alaska residents who would ratify the constitution, those who would live under the constitution, and posterity—affected the constitution’s design. It next shows how the Alaska Constitution reflects the fact that it is the state’s first constitution, that it is a western constitution, and that it is a mid-twentieth-century constitution. Finally, it compares the Alaska Constitution with the Hawaii Constitution, which was drafted at the same time.

Stop And Frisk In A Concealed Carry World, Shawn E. Fields

Washington Law Review

This Article confronts the growing tension between increasingly permissive concealed carry firearms legislation and police authority to conduct investigative stops and protective frisks under Terry v. Ohio. For decades, courts upheld stops based on nothing more than an officer’s observation of public gun possession, on the assumption that anyone carrying a gun in public was doing so unlawfully. That assumption requires reexamination. All fifty states and the District of Columbia authorize their citizens to carry concealed weapons in public, and forty-two states impose little or no conditions on the exercise of this privilege. As a result, officers and courts …

Privacy Localism, Ira S. Rubinstein

Washington Law Review

Privacy law scholarship often focuses on domain-specific federal privacy laws and state efforts to broaden them. This Article provides the first comprehensive analysis of privacy regulation at the local level (which it dubs “privacy localism”), using recently enacted privacy laws in Seattle and New York City as principal examples. Further, this Article attributes the rise of privacy localism to a combination of federal and state legislative failures and three emerging urban trends: the role of local police in federal counterterrorism efforts; smart city and open data initiatives; and demands for local police reform in the wake of widely reported abusive …

Prosecuting Poverty, Criminalizing Care, Wendy A. Bach

Scholarly Works

In 2013, state legislators sitting at the heart of America’s opiate epidemic created the crime of fetal assault. Although they offered a fairly standard series of criminologic rationales to justify the legislation, they also posited that the creation of this crime was a precondition to secure treatment (or care) resources for women addicted to opiates. This extraordinary supposition—that criminalizing conduct creates a road to care—is an outgrowth of three interlinked socio-legal trends: the building of the carceral state, the criminalization of poverty, and the rapid growth, since the late 1980s, of a new generation of problem-solving courts. Framed in this …

An Empirical Study Of Workers' Demands Through Industrial Actions: A Comparative Analysis Of The United States, Germany And The People's Republic Of China Under The Bargaining Model, Xiaohan Sun

Maurer Theses and Dissertations

The Chinese traditional manufacturing industry used to rely on raw materials and low labor costs to achieve a competitive advantage, however, the Chinese lowest–cost labor market is no longer competitive and the Chinese manufacturing industry is not the strongest player in the high-tech area. The transition of manufacturing industry is confronted with difficulties and challenges.

From the prior research, one of the reasons over labor conflicts is the awareness of rights consciousness. Employment dispute cases have had a significant increase since 2008, and labor disputes gradually increased since the year 2014. Industrial actions, such as strikes and protests, became the …

Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar

Journal of Legislation

No abstract provided.

Criminal Justice, Inc., John Rappaport

Articles

No abstract provided.

Sitaraman’S Mistaken Case For The Middle-Class Constitution, Richard A. Epstein

Articles

No abstract provided.

The Wvu Law Advocate, Vol. 3, Wvu Student Bar Association

The WVU Law Advocate

No abstract provided.

Unrealistic Expectations: The Federal Government's Unachievable Mandate For State Cannabis Regulation, Rebecca Sweeney

Washington Law Review

The states that have legalized cannabis maintain a complicated relationship with the federal government. Since the Ogden Memorandum was issued in 2009, the federal government has left regulation of cannabis to the discretion of the states. That policy has recently shifted. In 2018, former U.S. Attorney General Jeff Sessions issued a new memorandum that rescinded guidance for states about how to structure the legalization of cannabis. The federal government’s current position is now ideologically aligned with that of states like Nebraska and Oklahoma. These states chose not to legalize cannabis and instead adhere to the Controlled Substances Act’s classification of …

Reaching And Teaching Millennials: Designing The Future Of Student Services, Brian T. Detweiler, Kimberly Mattioli, Mike Martinez Jr.

Law Librarian Journal Articles

Today's students have come to expect library services that are quite different from their predecessors and law librarians must evolve to meet their needs. As law libraries in the United States face the realities of declining enrolment and decreasing budgets, it is imperative that we find new and creative ways to build positive relationships with our students while also preparing them for the realities of practicing law in an environment driven by rapid technological change. Three law librarians from the United States, Brian Detweiler, Kimberly Mattioli, and Mike Martinez, Jr., discuss their successes and failures in reaching out to their …

End Matter

Journal of International Business and Law

No abstract provided.

Front Matter

Journal of International Business and Law

No abstract provided.

The Online Sports World: The Loss Of Billions, Is It Time To Take A Risk, Bhanuka Mahabamunuge

Journal of International Business and Law

No abstract provided.

Between The Facts And Norms Of Police Violence: Using Discourse Models To Improve Deliberations Around Law Enforcement, Franciska Coleman

Hofstra Law Review

Police violence and protests of police violence have become a common feature of today's news cycles and have led to widespread critique and distrust of the law enforcement apparatus and police practice. States and municipalities have responded to the delegitimization of police practice with community-police dialogues. This Article argues that such dialogues can only restore the legitimacy of the police practice if they are deliberative in the Habermasian sense and also address the entrenched power asymmetries between communities and the police. This Article uses the community listening sessions of the Minnesota Governor's Council on Law Enforcement and Community Relations to …

Front Matter

ACTEC Law Journal

No abstract provided.

Change Is Constant In Estate Planning: Reflections Of An Actec Law Journal Editor, Bridget J. Crawford

ACTEC Law Journal

No abstract provided.

Discretionary Trusts: An Update, Richard C. Ausness

ACTEC Law Journal

In the past, settlors tended to limit a trustee's discretion by setting forth a specific formula for the distribution of trust assets. Nowadays, however, settlors often prefer to vest more discretion in their trustees. This is partly due to the fact that beneficiaries tend to live longer and, therefore, trusts inevitably last longer, thereby requiring trustees to respond to changing conditions. In addition, settlors often believe that vesting increased discretion on the part of trustees will discourage beneficiaries from bringing expensive and disruptive challenges to their decisions.

Nevertheless, the trend toward increased discretion is not without its problems. First of …

Et Tu (A)(2)? Blattmachr & Gans Dismantle Tax Court's Powell Analysis, N. Todd Angkatavanich, James I. Dougherty, Eric Fischer

ACTEC Law Journal

No abstract provided.

Powell And Section 2036: Our Reply, Mitchell M. Gans, Jonathan G. Blattmachr

ACTEC Law Journal

No abstract provided.

A Comment On Modernizing New York Trust Law, C. Raymond Radigan, Jennifer F. Hillman

ACTEC Law Journal

No abstract provided.

Trust Flexibility And The Role Of Courts In Limiting Property Forms, Carla Spivack

ACTEC Law Journal

No abstract provided.

Response: A Modern Assessment Of Intestacy Law, James G. Pressly Jr., J. Grier Pressly Iii

ACTEC Law Journal

No abstract provided.

A Response To Democracy And Trusts, Jake Calvert

ACTEC Law Journal

No abstract provided.

V.20-1 2018 Masthead

San Diego International Law Journal

No abstract provided.

For The Game. For The World. But What About For The Workers? Evaluating Fifa’S Human Rights Policy In Relation To International Standards, Haley Christenson

San Diego International Law Journal

This Comment will primarily review the labor trafficking and human rights concerns that arise in host countries of the World Cup, suggest a host for the 2026 World Cup based on candidates’ laws and infrastructure, and suggest changes for FIFA’s current human rights policy to aid in the prevention of labor trafficking in relation to the World Cup.

Lieutenant Colonel Donn A. Starry, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Contextual Parentage, Jeffrey A. Parness

College of Law Faculty Publications

A parentage determination can be used in a dispute over child custody/visitation/parental responsibility allocation opportunities, over child support duties, over heirship in probate, or over standing to pursue tort remedies.

Sb 127 - Criminal Procedure, Adriana C. Heffley, Allison S. Kim

Georgia State University Law Review

The Act introduces procedure by which victims who were not provided notice criminal proceedings, after requesting notice, may file a motion to be acknowledged by the court. This Act is meant to create a means by which a victim’s rights, as introduced by the constitutional amendment in SR 146, may be raised or enforced.