Law Commons^™

Sixth Amendment Rising: The Newly Emerging Constitutional Case For Trial By Jury In Criminal Sentencing, Robert Hardaway

University of Denver Criminal Law Review

No abstract provided.

An Interrupted Life: Experiences Of Incarcerated Women, Kris Miccio

University of Denver Criminal Law Review

No abstract provided.

The Impact Of Arizona V. Gant On Search And Seizure Law As Applied To Vehicle Searches, Michael C. Gizzi, R. Craig Curtis

University of Denver Criminal Law Review

No abstract provided.

Is Tennessee V. Garner Still The Law, Eric M. Ziporin, Elliot J. Scott

University of Denver Criminal Law Review

No abstract provided.

The Man Behind The Curtain: Confronting Expert Testimony, Daniel W. Edwards

University of Denver Criminal Law Review

No abstract provided.

Week Of December 9, 2019 - December 13, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Law Review

General Assembly In Review 2019

Richmond Public Interest Law Review

No abstract provided.

John Hervey Wheeler, Black Banking, And The Economic Struggle For Civil Rights, Brandon K. Winford

Civil Rights

WINNER OF THE LILLIAN SMITH BOOK AWARD

John Hervey Wheeler (1908–1978) was one of the civil rights movement's most influential leaders. In articulating a bold vision of regional prosperity grounded in full citizenship and economic power for African Americans, this banker, lawyer, and visionary would play a key role in the fight for racial and economic equality throughout North Carolina.

Utilizing previously unexamined sources from the John Hervey Wheeler Collection at the Atlanta University Center Robert W. Woodruff Library, this biography explores the black freedom struggle through the life of North Carolina's most influential black power broker. After graduating from …

Let Locked-Up People Vote: Prisoners Are Still Citizens And Should Be Able To Exert Their Civic Rights, Rachel Landy

Online Publications

The Constitution does not guarantee all citizens the right to vote. Rather, the right to vote is implied through a patchwork of amendments that restrict how voting rights may be limited. For example, the 15th Amendment reads “[t]he right of citizens of the United States to vote shall not be denied or abridged...on account of race, color, or previous condition of servitude.” Subsequent amendments added gender, failure to pay poll taxes, literacy, and age over 18 to the list of characteristics for which denying the right to vote may not be based.

What, If Anything, Is Wrong With Gerrymandering?, Niko Kolodny

San Diego Law Review

…While some of the concern about gerrymandering is concern about the results that it leads to, some of the concern is that it is itself somehow objectionable—that it is undemocratic or unfair or foul play or what have you. If there is such an objection to incumbent protection gerrymandering, my best guess is that it violates conditions of proper representation or that it is corrupt. If there is such an objection to racial gerrymandering, my best guess is that it is wrongfully discriminatory. And if there is such an objection to partisan gerrymandering, my best guess is that it exploits …

Of Bodies Politic And Pecuniary: A Brief History Of Corporate Purpose, David B. Guenther

Law & Economics Working Papers

American corporate law has long drawn a bright line between for-profit and non-profit corporations. In recent years, hybrid or social enterprises have increasingly put this bright-line distinction to the test. This Article asks what we can learn about the purpose of the American business corporation by examining its history and development in the United States in its formative period from roughly 1780-1860. This brief history of corporate purpose suggests that the duty to maximize profits in the for-profit corporation is a relatively recent development. Historically, the American business corporation grew out of an earlier form of corporation that was neither …

Human Rights For Health Across The United Nations, Benjamin Mason Meier, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The United Nations (UN) plays a central role in realizing human rights to advance global health. Looking beyond state obligations, the UN has called on all its specialized agencies to mainstream human rights across all their activities. With globalization compelling these UN institutions to meet an expanding set of global challenges to underlying determinants of health, human rights are guiding these international organizations in addressing public health. These international organizations within the UN system are actively engaged in implementing health-related human rights—in both their mission and their actions to carry out that mission. Through this mainstreaming of human rights, global …

What Might Democratic Self-Governance In A Complex Social World Look Like?, Gerald Gaus

San Diego Law Review

The crisis facing democratic self-government is first and foremost a crisis of self-governance, not of democracy.

Section II reviews the nature of complex systems and why our contemporary social and economic order qualifies as technically complexindeed, increasingly so—and why explicit overall, directed reform of our social world is hopeless. But hope is not easily abandoned: Section III critically looks at two continuing sources of hope. Section IV then turns to a critical issue: If not by central direction, how do such complex systems achieve orderliness and functionality? Section V turns to the heart of the matter: is democratic self-governance viable …

Reply To “Democracy, Participation, And Information: Complementarity Between Political And Economic Institutions”, Christopher Wonnell

San Diego Law Review

As I see it, Thomas Christiano’s Article on democracy and complementarity has two purposes. One is to defend democracy against the charge that it cannot work because of the rational ignorance of the citizenry. The other is to propose a way of making democracy work better by changing the economic system in such a way as to give workers access to more of the information they need to become informed voters. Discussion of opinion will take place in the following pages.

December 7, 2019: Churchill Champions Free Trade And Castigates Republican Tariffs As Secular, Bruce Ledewitz

Hallowed Secularism

Blog post, “Churchill Champions Free Trade and Castigates Republican Tariffs as Secular“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Exposing The Imposter: Imposter Syndrome & Legal Writing Faculty, Sara L. Ochs

Events at Dickinson Law

Legal academics often report crippling feelings of insecurity and inadequacy, symptoms of a widespread trend labeled as “imposter syndrome.” Experts have defined this phenomenon as a “deep and sometimes paralyzing belief that we have been given something we didn’t earn and don’t deserve and that at some point we’ll be exposed.” Given the evident hierarchies in legal academia, these feelings are especially prominent among legal writing faculty, and even more so among those in untenured positions. Using empirical data acquired from law professors, this presentation will analyze the prevalence and causes of imposter syndrome among legal writing faculty and will …

Research Instruction At Yale Law School, Julie Graves Krishnaswami

Events at Dickinson Law

At Yale Law School, the Law Librarians take a holistic approach to providing legal research instruction. With that approach, we meet students where they are – academically and curricularly – through courses, reference consultations, guest lectures, and workshops. We provide elective research instruction in a variety of fora to meet the needs of our students. Our research courses are elective and are supplemented by workshops and guest lectures in clinical and doctrinal courses, and for student groups. Yale Law School students recognize the need for research instruction, and we have expanded our offerings to meet demand. The Law Library’s holistic …

Making Two Separates Equal: Combining Graduation Requirements And Research And Writing Skills, Ann Walsh Long

Events at Dickinson Law

ABA Standard 303 requires that a law school offer a curriculum that requires each student to satisfactorily complete at least one professional responsibility course, one upper-level writing course, and one or more experiential course(s) totaling at least six credit hours. While the same class cannot count toward more than one of these requirements, Interpretation 303-1 allows one course to count as "either as an upper-class writing requirement or as a simulation course provided the course meets all of the requirements of both types of courses and the law school permits a student to use the course to satisfy only one …

The Traditional Legal Analysis, Research, And Writing Course: Does Subject Synthesis Serve Students Best?, Anna Hemingway, Sherri Keene

Events at Dickinson Law

Most law schools’ first-year curriculums include a course on legal analysis, research, and writing. At many law schools, the synthesis of these subjects into one course is considered the best way to teach first-year law students basic lawyering skills. Recently, however, law schools have begun to separate the topics into stand-alone courses. This presentation will review the different models law schools are currently using and will explore additional opportunities to remix the individual topics with other first-year courses.

2020 Fellowship Topic Announcement, National Association Of Administrative Law Judiciary

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Incorporating Short Writing Exercises Into Traditional Exam Courses: How To Do It & How To Encourage Others To Do It Too!, Candace Centeno

Events at Dickinson Law

This presentation will discuss how to incorporate short writing exercises into a traditional exam class & how to encourage others to do the same. The presentation will first briefly discuss a sample writing exercise used in an upper level elective that also has a final examination; in sum, the writing exercise builds upon the email analysis instruction provided in the 1L Legal Writing Program. This short exercise provides an opportunity for the professor to help students refine their writing and organization & to see if the students are understanding basic concepts. The presentation will then explore ways to encourage other …

Mastering The Model Answer, Elizabeth Sherowski

Events at Dickinson Law

One way to encourage professors to assign written work across the law school curriculum is to assure them that providing feedback on the writing won't take up too much time. Giving students a post-assignment model answer is an effective way to save time on providing feedback, but most students don't know how to use model answers effectively, and many professors don't know how to draft an effective model answer. This presentation shows LRW professors how to share their pedagogical expertise with faculty across the curriculum to help their colleagues 1) devise pedagogically sound model answers and 2) train their students …

Connect 4: Student + Research + Writing + Theory, Nicole R. Chong

Events at Dickinson Law

We often see first-year law students failing to make connections between research, writing, and theory. First-year students tend to view their classes in separate silos. As students advance into the upper-level curriculum, the failed connections are exacerbated. Students are unable to connect what they learned in the first year of law school to the classes they are now taking in their last two years of law school. Additionally, upper-level faculty who assume that the students are making connections when they are not further compound this connection problem. The connection failure can result in a number of problems. How do we …

From The First Day Forward: Integrating Legal Research Into Law School Doctrinal Courses, Clanitra S. Nejdl

Events at Dickinson Law

This presentation focuses on the benefits of partnering with doctrinal professors to integrate legal research into law school doctrinal classes. The presenter will discuss best practices for the integration process. She will also share ideas and tips for developing meaningful collaborations with doctrinal faculty members and explain how she worked with Civil Procedure professors to integrate research into their classes.

Taking Collective Action To Integrate The Law School Curriculum, Sherri Thomas, Michelle Rigual

Events at Dickinson Law

Successfully dismantling the “separate but equal” paradigm to integrate Legal Research and Writing courses into the law school curriculum is a long-term proposition that is unlikely to succeed through a single campaign. At University of New Mexico, several negative hierarchical structures have stood in the way of curricular integration, including some surprising ones that arise from within the legal writing and research faculties. In this session, we’ll discuss these structures, the tools we are using to challenge them, and the successes we have experienced thus far.

Criminal Law--Production Of Government Records--Confidential Character, R. G. P.

West Virginia Law Review

No abstract provided.

The Foundational Skills And Methods That Unify All First-Year Courses, Scott Rempell

Events at Dickinson Law

Many perceive LRW courses as important for practice yet largely distinct from the core “doctrinal” courses that purport to teach students how to “think like a lawyer.” However, a remarkably consistent core of skills and methods of thought unify all first-year courses. If these core skills and methods are at the heart of all first-year courses, then the professors who should cover them in class have to acknowledge they exist and work together to teach them. In short, to break down barriers, LRW professors have to bring to the surface the framework underlying core law school learning objectives – a …

Foreword, Sidney D. Watson

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Justice And The Struggle For The Soul Of Medicaid, Dayna Bowen Matthew

Saint Louis University Journal of Health Law & Policy

The soul of Medicaid is and always has been to achieve justice in health care. Medicaid at its inception was designed to ensure that the most vulnerable members of society are not excluded from access to good health that all others enjoy. Yet, as the title of this symposium aptly reflects, “The Struggle for the Soul of Medicaid” remains vulnerable to repeated and relentless political attacks. Why is this so, given that the program finances care for nearly sixty-four million Americans?

This article posits that Medicaid is vulnerable because our nation’s commitment to justice in health care remains uncertain. Historically, …

Medicaid’S Role For Seniors And People With Disabilities: Current State Trends, Marybeth Musumeci

Saint Louis University Journal of Health Law & Policy

Medicaid fills a gap in the U.S. health care system as the primary payor for long-term services and supports (LTSS). These services enable seniors, people with disabilities, and those with chronic illnesses to live independently in the community, outside of nursing homes and other institutions. Most Medicaid home and community-based services (HCBS) are covered at state option, unlike nursing home care, which all state Medicaid programs must cover. States have substantial flexibility in designing their Medicaid HCBS programs under federal law, and Medicaid provides an important source of federal funding to states to help meet the LTSS needs of seniors …