Law Commons^™

Aboriginal Rights And Constitutional Conflict: The Marshall Court, State And Federal Sovereignty, And Native American Rights Under The 1789 Constitution, Guy Charlton

American Indian Law Journal

No abstract provided.

Nothing Is Over: Ftca Claims For Toxic Torts On Native Lands, Jessica Ditmore

American Indian Law Journal

In 1976, Congress passed the Resource Conservation and Recovery Act (“RCRA”) to curtail the growing problem of disposing of hazardous waste and toxic substances generally. Decades prior, Congress established the Federal Tort Claims Act (“FTCA”) to hold the federal Government liable for tortious conduct the same way a private citizen would be. The federal government assumed the responsibility to ensure the wellbeing of Native Nations (“NN”). This is commonly referred to the “Trust Doctrine.” This duty stems from the settlement of Native American lands, and a recognition of the treaties entered into by the United States with a “moral [obligation] …

A Hopeful Retirement From Prison: The Third Circuit's Evolving Definition Of A "Meaningful Opportunity To Obtain Release From Prison" Offers Corrigible Juvenile Offenders A Second Chance In United States V. Grant, Mackenzie E. Brennan

Villanova Law Review (1956 - )

No abstract provided.

Editors' Preface And Precedential Opinion Summary, Timothy J. Muyano, Thalia Malespin, Matthew D. Venuti, Brett E. Broczkowski

Villanova Law Review (1956 - )

No abstract provided.

We're Soarin', Flyin' : The Third Circuit Holds Travelers May Sue Transportation Security Officers In Pellegrino V. United States Transportation Security Administration, Division Of Department Of Homeland Security, Lauren E. Pugh

Villanova Law Review (1956 - )

No abstract provided.

A New Breed Of Cop: Keeping Kids On The Straight And Narrow, Michael Tashji

Capstones

Policing kids in America today has changed—the ‘tough on crime’ days are over. Public scrutiny of police is at an all-time high, five years after the unrest in Ferguson. Officers Camacho, Charles and Romano serve the town of Bloomfield, New Jersey, and work specifically with kids in the community. They’ve adapted to these changes. But they’ve also banded together to support each other behind the thin blue line.

https://michaeltashji.com

Will States Step Up In 2020? We Hope So, Darien Shanske, David Gamage

Articles by Maurer Faculty

We offer no predictions about the next year in tax, but we will offer what we hope will happen — if not next year, then soon. To paraphrase Chief Justice John Roberts, we hope that when it comes to the taxation of multinational corporations in particular, states will act more like the “separate and independent sovereigns” that they are. often rely on volatile revenue sources. More stable tax bases, like the sales tax and the property tax bases, are riddled with design flaws, from the sales tax base not including services and intangibles to the property tax failing to provide …

Crazy Rich Karachi — Where The Streets Are Paved With Gold, Murtaza Irfan Ali

MSJ Capstone Projects

Karachi happens to be Pakistan’s economic powerhouse but the irony is it never received its fair share of development. Which is why, to this day, I have no clue where to park, when I visit the southern district of the city. The random and sporadic parking has costed me with a hundred scratches and 2 pairs of side-view mirrors during the course of a year. So to find exactly where I could safely and “legally” park, I set out to find some answers.

Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva

The Light of Islam

The article considers the problems of the spiritual and moral environment of society as a socio-historical phenomenon, the features of its development in a civil society and the laws of its development. The main attention is paid to ethical principles and means, ways to meet the needs of the individual, the importance of moral ideal, as well as objective conditions and subjective factors of the spiritual and moral environment.

In order to comprehensively improve the spiritual and moral climate in society, a philosophical approach to the question of the beliefs and beliefs of the individual was made in order to …

Another Shot At Rectifying The District Of Columbia V. Heller Ambiguities: The Constitutional Right To Arms, The Nonconstitutional Right To Arms, And The Commerce Clause, Noah Gaarder-Feingold

San Diego Law Review

In an article for The New Yorker titled Active Shooter, David Sedaris quipped that, in preparing for the potential that a psychopath might break into his home, he would just as soon have a back door as a gun. Sedaris wrote the article after visiting a shooting range in North Carolina. Before, during, and after the writing of the article, Sedaris lived in the United Kingdom and noted that in the United Kingdom, it is nearly impossible to acquire a handgun let alone fire a handgun for sport.

Conversely, in the United States, a citizen has a right to a …

Employee Mobility And The Low Wage Worker: The Illegitimate Use Of Non-Compete Agreements, Jacqueline A. Carosa

The Docket

No abstract provided.

Finding Justice, Hannah Miller

Capstones

Finding Justice tackles the devastation caused by wrongful conviction through the journey of Jeffrey Deskovic. After serving 16 years in prison for a murder he didn’t commit, Deskovic has strived to rebuild his life. The film follows him as he finishes law school and runs a foundation that frees the wrongfully convicted, all while dealing with lingering trauma.

Ice Castle Retirement Fund L.L.C., Appellee, V. Anderson Geneva, Llc; Mlh Investments, Llc; Gerald D. Anderson; And Michael L. Hutchings, Appellants., Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Paul B. Parker, District Court No. 170900743

Featurization And The Myth Of Data Empowerment, Nur Lalji

Washington Journal of Law, Technology & Arts

Every day, we make a series of tradeoffs between privacy and convenience. We may check our email, post on social media, use the free Wi-Fi in public spaces, or take our cellphones with us wherever we go without a clear understanding of what information we are giving away when we do so. Increasingly, we are seeing products that claim to defy this opaqueness associated with big data and put users at the helm of their information. These "featurized" products wrap themselves in a data empowerment narrative, but ultimately erode individual privacy in new ways, sometimes even capitalizing on it. This …

Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker

Washington Journal of Law, Technology & Arts

Society has a love-hate relationship with social media. Thanks to social media platforms, the world is more connected than ever before. But with the ever-growing dominance of social media there have come a mass of challenges. What is okay to post? What isn't? And who or what should be regulating those standards? Platforms are now constantly criticized for their content regulation policies, sometimes because they are viewed as too harsh and other times because they are characterized as too lax. And naturally, the First Amendment quickly enters the conversation. Should social media platforms be subject to the First Amendment? Can—or …

After 31 Years In Prison, Lee Chalk Asks For Forgiveness., Jeffery Harrell, Brenda Leon

Capstones

Lee Chalk has spent more than three decades in state prison, and is now applying for executive clemency to have his sentence ended early. He is guilty of a crime, being involved in an armed robbery turned deadly which killed two people. Our project explores the potential for transformation and rehabilitation inside prison, and the personal and political ramification of mass incarceration and extreme sentencing.

https://medium.com/p/738d1cb28532/edit

A shorter version of the capstone was also published with Gothamist here: https://gothamist.com/news/ny-prison-clemency-parole-cuomo

Ny State Marijuana Law Clears The Records Of Thousands, But Will It Help Immigrants?, Jaime Longoria, Harsha Nahata

Capstones

In July 2019, Governor Cuomo signed legislation that would clear criminal records for over 200,000 people with marijuana related convictions and reduce punishment for possession. But, there’s one group of New Yorkers who are left out — and that’s immigrants. With over 4 million immigrants in New York State, the lives of those with prior marijuana convictions are still in limbo. Harsha Nahata and Jaime Longoria spoke with immigrants and advocates to find out why. The full story can be found here: https://jaimelongoria.github.io/nys-marijuana-law/

Discipline Or Destiny: A School-To-Prison Pipeline Story, Trayonna Hendricks, Kourtney Webb

Capstones

The school-to-prison pipeline is a phenomenon by which students, mainly students of color, are pushed out of schools and into juvenile detention centers and through the criminal justice system. This documentary series explains and displays what "the school-to-prison pipeline looks like through a personal story.

https://readymag.com/u1985351703/1646028/

Clemency Gives A Renewed Sense Of Hope To A Man Incarcerated For 39 Years, Annie Todd, Stephanie Chukwuma

Capstones

Paul Clark has spent the past 39 years incarcerated in New York prisons. He was 19 when he first went inside because he murdered a 17-year-old at an East Flatbush summer block party. A few years later, 25 years was added to his sentence for a crime he says he never committed. He's asked Governor Andrew Cuomo for clemency in 2019.

https://medium.com/@annietodd203/clemency-gives-renewed-sense-of-hope-to-man-incarcerated-for-39-years-44a8ee58db2e

Reply To “How Foot Voting Enhances Political Freedom”, James Allan

San Diego Law Review

My job is to comment briefly on Ilya Somin’s Article, How Foot Voting Enhances Political Freedom. Of necessity, then, I will be selective. The thrust of the Article—which appears to be an excerpt from an upcoming book—is that “ballot box voting” compares unfavorably to “foot voting.” The terms are Somin’s, not mine. The former phrase refers to what we would normally just call “voting.” The latter refers to what would normally fall under the aegis of migration, immigration, emigration, or even moving to another jurisdiction. And when we compare those two alternatives—voting in a democratic election and picking up one’s …

What’S Good For The Goose Is Good For The Gander, Or Is It? The Pitfalls Of Using The Court’S Neoliberal Construction Of The First Amendment To Protect Secondary Picketing, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Nof Kdumim: Remaking The Ancient Landscape In East Jerusalem’S National Parks, Irus Braverman

Journal Articles

This article explores two national parks in East Jerusalem and their legal administration as the focus of contradictory and complementary attempts at preservation, colonization, and normalization. Drawing on in-depth interviews with, and observations of, officials from the Israel Nature and Parks Authority and others, I expose the Judaizing of the landscape in Jerusalem. Nature never stands for itself; it is always an echo of a human presence and, in this case, of a Jewish past and its modern reunion. The project of imagining the natural landscape as one that embodies an ancient past—what Israeli officials have referred to in our …

Justice Department Inspector General’S Report Raises Troubling Questions About Fbi’S Role In Fisa Cases, Peter Margulies

Law Faculty Scholarship

No abstract provided.

State Of Utah, Plaintiff/Appellee, V. Cullen Christopher Carrick, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

SUPPLEMENTAL REPLY BRIEF OF APPELLANT

Pursuant to the Order of the Utah Court of Appeals dated June 18, 2019, to provide
supplemental briefing on "the failure to investigate alibi witnesses and to present a
timeline" issues on Rule 23B remand

ORAL ARGUMENT REQUESTED

How Foot Voting Enhances Political Freedom, Ilya Somin

San Diego Law Review

To the extent we value political freedom in any significant sense, we should also assign a high value to foot voting. Freedom of choice through foot voting, and the freedom of movement that make it possible, cannot be absolute principles that always trump other considerations. But there should be at least a substantial presumption in their favor.

My analysis also emphasizes the fundamental similarity between three different types of foot voting that are usually considered to be very different from each other: interjurisdictional foot voting in federal systems, foot voting through international migration, and foot voting in the private sector. …

Brief Of Professors Of Law, Us V. Bergdahl, Joshua E. Kastenberg, Rachel E. Vanlandingham, Geoffrey S. Corn

Faculty Scholarship

When scrutinizing executive actions for unlawful command influence, this Court must account for a president’s immense power over the military. The extant judicial test for unlawful command influence – a violation of due process in the military setting – is a contextual one, and hence must consider the unique and unparalleled authority of the Commander-In-Chief over the military and individual service-members when the president’s actions are at issue. This executive power should also be evaluated in light of its myriad, and historically important, constitutional and statutory constraints – some predating the birth of the United States – that appropriately continue …

Impact Of High Profile Police Use Of Force Incidents On Violent Crime Rates, Megan Galante

Honors Theses

This research study examined the relationship between high-profile police use of force incidents and local violent crime rates. It is important to analyze the impact that police use of force has on the respective community in regard to crime rates. This study analyzed three incidents of police use of force that have received extensive coverage in the media in order to determine if there was a change in the rates of violent crime in that city. The theory of de-policing suggests that in the aftermath of a high-profile incident of police brutality, police departments in the area change their behaviors …

Points Of Crisis Or, Is It All Over?, Maimon Schwarzschild

San Diego Law Review

Various European democracies, and others with at least the beginnings of liberal institutions, collapsed—and yielded to fanaticism and tyranny—in the twentieth century in the wake of defeat in war, economic depression, hyperinflation, and in the face of violence from within and from without. Perhaps it is too Spenglerian to suggest that the present sources of democratic crisis—such as, no doubt among others, the growth of bureaucratic power, the erosion of free expression especially in the institutions that should foster it, and the growth of ideological tribalism and political odium—might actually bring down liberal institutions in America, or similarly elsewhere. But …

Appeal No. 0947: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)

Appeal No. 0968: Andy Rataiczak, Dba Beaver Valley Gas V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-405, 2018-406, 2018-407, 2018-408, 2019-409