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Articles 1 - 21 of 21
Full-Text Articles in Law
Testimony Of Marcy L. Karin In Support Of B23-0494. The "Ban On Non-Compete Agreements Amendment Act Of 2019", Marcy L. Karin
Testimony Of Marcy L. Karin In Support Of B23-0494. The "Ban On Non-Compete Agreements Amendment Act Of 2019", Marcy L. Karin
D.C. Council Testimony
No abstract provided.
Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar
Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar
Court Briefs
No abstract provided.
2017 Keynote Speech: Poverty's Cost, Daniel Hatcher
2017 Keynote Speech: Poverty's Cost, Daniel Hatcher
University of the District of Columbia Law Review
No abstract provided.
The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans
The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans
University of the District of Columbia Law Review
The United States ("U.S.") Supreme Court's recent decision in Jennings v. Rodriguez' has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held indefinitely until these detainees' cases are adjudicated. In Jennings, the Court held that detained aliens do not have a right to periodic bond hearings even if they are detained for prolonged periods of time, due to the language of the mandatory and discretionary detention statutes at §§ 1225(b)(1)-(2) and …
Taxation And Reducing Recidivism: A Legal Comparative Analysis Of Reducing Recidivism In States And A Federal Solution For The Future, Israel X. Nery, Scott B. Astrada
Taxation And Reducing Recidivism: A Legal Comparative Analysis Of Reducing Recidivism In States And A Federal Solution For The Future, Israel X. Nery, Scott B. Astrada
University of the District of Columbia Law Review
In this article, we will focus on employer-based tax incentives for hiring ex-offenders. Central to the discussion will be the Work Opportunity Tax Credit ("WOTC"), which provides a tax credit to employers who hire qualified employees/ex-offenders under the program. Additionally, we will explore various state programs modeled on a tax-based incentive and conduct a comparative assessment of where federal and state programs are effective and where there is potential for reform. Without targeted policy solutions to address employment obstacles, ex-offenders are left facing persistent employment barriers as they attempt to return to their communities and start a new life after …
An Overview Of Industrial Hemp Law In The United States, Marc Adesso, Pirjin Laser, Alex Mills
An Overview Of Industrial Hemp Law In The United States, Marc Adesso, Pirjin Laser, Alex Mills
University of the District of Columbia Law Review
Since the writing of this note, the Agricultural Improvement Act of 2018 (the "Farm Bill") was signed into law by President Trump on December 20, 2018. Thus, the note below does not account for the passage of the Farm Bill and resulting change in federal law. What follows is a brief summary of sections of the Farm Bill and its relation to hemp: The Farm Bill legalizes hemp by defining it as an agricultural commodity under federal law. Removed from this new definition of hemp, are the parts of the cannabis plant that make it illegal under the Controlled Substances …
Toward A Just System For Juveniles, Karl A. Racine, Elizabeth Wilkins
Toward A Just System For Juveniles, Karl A. Racine, Elizabeth Wilkins
University of the District of Columbia Law Review
Each year as a nation we prosecute over 800,000 children-nearly three percent of the juvenile population2 and detain over 200,000 of them.3 That is, we saddle almost three percent of our youth with the experience of being a defendant in court, with the label of delinquency. And we separate over a quarter of those youth from family and community for some period of time. The overwhelming majority of these children have experienced life-altering trauma in their young lives, and these experiences with the juvenile justice system can exacerbate that trauma.4 Yet,while we are affecting our young people on this massive …
The Eviction Geography Of New Orleans: An Empirical Study To Further Housing Justice, Davida Finger
The Eviction Geography Of New Orleans: An Empirical Study To Further Housing Justice, Davida Finger
University of the District of Columbia Law Review
Low-income tenants in the U.S. have weak bargaining power as well as limited housing and mobility options in the housing market. With no enforceable "right to housing," tenants are stuck-quite literally in the case of uninhabitable property - in unsafe and unhealthy living conditions. Poverty and economic instability make it challenging for tenants either to leave or to force repairs to substandard rental units. The author completed an empirical study of eviction cases in New Orleans in order to quantify the problem of evictions, learn more about where evictions occur throughout the municipality, and better understand who is evicted. The …
The Upgraded Lawyer: Modern Technology And Its Impact On The Legal Profession, Thomas R. Moore
The Upgraded Lawyer: Modern Technology And Its Impact On The Legal Profession, Thomas R. Moore
University of the District of Columbia Law Review
At the peak of the Space Race in 1963, President John F. Kennedy remarked that, despite the great leaps brought by technology, "man is still the most extraordinary computer of all." With the advent of the internet and artificial intelligence, today's technological advancements might have shaken even Kennedy's faith in human superiority. For the legal profession, new technology presents a challenge to traditional notions in the practice of law as well. Clients may grow to expect tech-savviness from their attorneys, especially when their cases involve digital concepts. At the same time, the necessity for flesh-and-blood counsel may be diminished by …
Public Utilities And Environmental Justice: Electric Restructuring And Deregulation And Low-Income Communities, James W. Moeller
Public Utilities And Environmental Justice: Electric Restructuring And Deregulation And Low-Income Communities, James W. Moeller
University of the District of Columbia Law Review
Thirty years ago, Potomac Electric Power Company ("PEPCO") sold electric power generated by coal-burning power plants located in the Washington region. Today, PEPCO can sell electric power generated by coal-burning and nuclear power plants located in West Virginia, Pennsylvania,and Illinois. By importing electric power from those states, PEPCO can, in effect, export to those states the environmental impact of coal-burning and nuclear power plants that generate power for affluent PEPCO consumers in the District of Columbia and Maryland.This "outsourcing" of electric power generation was made possible by seismic changes in the structure of the electric utility industry wrought by Congress …
Dismantling The Master's House: Toward A Justice-Based Theory Of Community Economic Development, Etienne Toussaint
Dismantling The Master's House: Toward A Justice-Based Theory Of Community Economic Development, Etienne Toussaint
Journal Articles
Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED, focused on the removal of structural barriers to social and economic mobility that prevent human flourishing. More recently, scholars and policymakers have turned to a third model from the impact investing community—the social impact bond, or SIB. The SIB model of CED ostensibly finds a middle ground by leveraging funding …
Withholding Protection, Lindsay M. Harris
Withholding Protection, Lindsay M. Harris
Journal Articles
In June 2018, President Trump wrote a pair of tweets en route to his golf course, calling for “no Judges or Court Cases” at our border and swift deportation of immigrants, essentially without due process. While immigrant advocates were quick to explain the myriad constitutional problems with this proposal, elements of Trump’s dream are already a reality. This Article reveals how a single Customs and Border Protection officer can short-circuit the checks and balances prescribed by U.S. and international law to protect refugees from being returned to harm, and cast a long shadow over a future, meritorious asylum claim. In …
Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn
Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn
Journal Articles
No abstract provided.
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Constitutionally Incapable: Parole Boards As Sentencing Courts, Mae C. Quinn
Journal Articles
Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole boards to step in to decide criminal penalties without first affording defendants lawful judicial branch sentencing proceedings and sentences. These outside-of-court punishment decisions are occurring in the cases of youthful offenders entitled to sentencing relief under Miller v. Alabama, which outlawed automatic life-without-parole sentences for children. Thus, some Miller-impacted defendants are being sentenced by paroleboards as executive branch agents, rather …
Fallen Woman Further (Re)Framed: Jewels And Travels, Tragedies And Secrets, Judge Hortense Norris, Mae Quinn
Fallen Woman Further (Re)Framed: Jewels And Travels, Tragedies And Secrets, Judge Hortense Norris, Mae Quinn
Journal Articles
No abstract provided.
Wealth Accumulation At Elite Colleges, Endowment Taxation, And The Unlikely Story Of How Donald Trump Got One Thing Right, Mae C. Quinn
Wealth Accumulation At Elite Colleges, Endowment Taxation, And The Unlikely Story Of How Donald Trump Got One Thing Right, Mae C. Quinn
Journal Articles
President Donald Trump has· declared war on immigrants, diversity, and those who dare to dissent. Rooted in resentments about who people are, where they were born, and what they believe, these executive-led assaults are dangerous developments in the modern era. However, in the course of Trump's many retrograde tirades, he has somehow managed to get one thing right-too many elite private colleges in the United States, considered nonprofit entities, have amassed way too much wealth. This Article recounts this unlikely story, including how the Trump Administration's 2017 endowment tax could work to advance diversity. The new endowment tax penalizes private …
Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae Quinn, Grace R. Mclaughlin
Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae Quinn, Grace R. Mclaughlin
Journal Articles
There is no federal juvenile court system in the United States. Rather, teens can face charges in Article III courts and can be transferred to be tried and sentenced as adults in these venues. This Article is the first of two articles in the Washington and Lee Journal of Civil Rights and Social Justice seeking to shed light on the largely invisible processes and populations involved in federal youth prosecution. This Article focuses on the federal transfer and prosecution of American youth as adults. It considers constitutional and statutory law relating to these federal transfers and then considers why current …
Youth Suffrage: In Support Of The Second Wave, Mae Quinn, Caridad Dominguez, Chelsey Omega, Abrafi Osei-Kofi, Carlye Owens
Youth Suffrage: In Support Of The Second Wave, Mae Quinn, Caridad Dominguez, Chelsey Omega, Abrafi Osei-Kofi, Carlye Owens
Journal Articles
The 100th anniversary of the 19th Amendment to the United States Constitution is an appropriate moment to reflect on the history—and consider the future—of the right to vote in the United States. High school and college classes teach the nation’s suffrage story as integral to our identity, focusing on the enfranchisement of women under the 19th Amendment and African Americans pursuant to the 15th Amendment.1 Constitutional law courses also present the 15th Amendment as foundational knowledge for the legal profession.2 Critical legal theory and women’s legal history texts frequently cover the 19th Amendment as central to understanding the first wave …
Reframing Radical Religion, Vanita Saleema Snow
Reframing Radical Religion, Vanita Saleema Snow
Journal Articles
Like a thief in the night,1 politicians have stolen religion for their deceptive vices, using the term “radicalization” or “terrorism” to meet their needs.2 See Sahar F. Aziz, Caught in a Preventive Dragnet: Selective Counterterrorism in a Post-9/11 America, 47 GONZ. L. REV. 429, 481 (2012) (discussing how a police report equates “Muslim religiosity with radicalization toward terrorism”); David A. Bosworth, American Crusade: The Religious Roots of the War on Terror, 7 BARRY L. REV. 65, 65 (2006) (noting that American news and popular culture often portray religious people as “narrow-minded bigots out to destroy everything good and decent”); Ned …
In The Room Where It Happens: Including The "Public's Will" In Judicial Review Of Agency Action, Twinette L. Johnson
In The Room Where It Happens: Including The "Public's Will" In Judicial Review Of Agency Action, Twinette L. Johnson
Journal Articles
In the context of higher education reform, the people need to be in the important rooms where the decisions are being made. One such room is the courtroom. This essay elaborates on this premise, previously written about in an article I wrote entitled, 50,000 Voices Can’t Be Wrong, But Courts Might Be: How Chevron’s Existence Contributes to Retrenching the Higher Education Act. That article was the second in a series of three articles on the retrenchment of the Higher Education Act of 1965 (“HEA”) using the William Eskridge and John Ferejohn statutory entrenchment model.
Testimony Before The Dc Council Committee On Finance And Revenue Public Hearing On Bill 23-41, The “Taxpayer Advocate Act Of 2019” Presented By Jacqueline Laínez Flanagan March 18, 2019, Jacqueline Lainez
D.C. Council Testimony
Good morning Chairman Evans and members of the Finance and Revenue Committee. Thank you for the opportunity to testify before you today. My name is Jacqueline Laínez Flanagan. I am currently a Visiting Associate Professor in the Janet R. Spragens Federal Tax Clinic at American University Washington College of Law. I deliver my comments today, in support of the establishment of a DC Taxpayer Advocate Office, based on my experience as the Founding Director of the University of the District of Columbia – David A. Clarke School of Law (UDC–DCSL) Low Income Taxpayer Clinic (LITC). In addition to our primary …