Law Commons^™

Facebook's Speech Code And Policies: How They Suppress Speech And Distort Democratic Deliberation, Joseph T. Thai

American University Law Review

No abstract provided.

Rewarding Bad Behavior In Initial-Review Collateral Proceedings: Teague Says Yes, Due Process Says No, Bethany Callahan

American University Law Review

For centuries, criminal defendants have had the opportunity to challenge their convictions with a writ of habeas corpus. The Founding Fathers described the writ as a path to liberation for those imprisoned without sufficient cause. It is a critical safeguard of individual freedom against lawless state action in criminal proceedings. However, with every safeguard comes a loophole.

The finality of state court decisions is revered in the American criminal justice system. It is no surprise, then, that the Supreme Court has approached the issue of whether to retroactively apply new laws to cases already finalized on direct review with trepidation. …

Feminist Action Against Pornography In Japan: Unexpected Success In An Unlikely Place, Caroline Norma, Seiya Morita

Dignity: A Journal of Analysis of Exploitation and Violence

In late 2016 a feminist movement against problems of commercial sexual exploitation, and especially issues of coerced pornography filming, arose in Japan. This article describes the history of this movement as it mobilized to combat human rights violations perpetrated by the country’s pornographers. The movement’s success came not spontaneously or haphazardly; in fact, it was orchestrated earlier over a full decade-and-a-half by activists who persevered in researching and highlighting pornography’s harms in a civil environment of hostility, isolation and social derision, even among progressive groups and individuals. The Anti-Pornography and Prostitution Research Group (APP) was particularly prominent in this history. …

On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Queering The Carceral Cycle: Women's Resistance To The Carceral State, Ashley Ruderman-Looff

Theses and Dissertations--Gender and Women's Studies

Building upon feminist and queer scholarship that recognizes mass incarceration and the prison-industrial complex as elements of an inherently violent carceral state, Queering the Carceral Cycle excavates and analyzes twentieth-century incidents in which women resisted the state’s criminalization and/or punishment of multiply marginalized women. I argue that the state’s response to women’s acts of resistance prompted the development of new carceral strategies and technologies that expanded the carceral state’s investment in control and punishment. Moreover, by critically embracing a Foucauldian scheme known as the “carceral cycle,” I demonstrate how the state traps multiply marginalized women in a seemingly endless recurrence …

Teasing The Arc Of Electric Spark: Fostering And Teaching Creativity In The Law School Curriculum, Jason G. Dykstra

Wyoming Law Review

No abstract provided.

Leading The Way: Wyoming And The Drought Management Plan, Connor Alexander Thompson

Wyoming Law Review

No abstract provided.

Wyoming's Diy Project Gets Western With The Ucc, Matt Crockett

Wyoming Law Review

No abstract provided.

Losing Control: The Effect Of Wyoming's Communicable Disease Laws On Human Trafficking Victims, Brenna Fisher

Wyoming Law Review

No abstract provided.

Transboundary Waters: Won’T You Be My Neighbor?, Anthony Dan Tarlock

Wyoming Law Review

No abstract provided.

Catch-22: The United States Supreme Court’S Overruling Of Fifth Amendment Takings Precedent To Resolve A Takings Claim Predicament; Knick V. Twp. Of Scott, 139 S. Ct. 2162 (2019), Andrea Nelson

Wyoming Law Review

No abstract provided.

Thinking In Circles: Using Ooda To Sharpen Legal Analysis, Kenneth D. Chestek

Wyoming Law Review

No abstract provided.

Reforming The Federal Election Commission: Storable Voting, Alvin Padilla-Babilonia

Wyoming Law Review

No abstract provided.

Moms In Prison: The Impact Of Maternal Incarceration On Women And Children, Katy B. Stack

Faculty Law Review Articles

This article examines the impact of maternal incarceration on women and children in a case-study format. The author's former clients provide insight into their experiences while incarcerated in federal prisons, their re-entry into society upon their release, and the impact of their incarceration on their children. Their children then provide their perspective on visiting their mothers in prison and how their mother's incarceration impacted their lives. Statistics are discussed regarding the impacts of maternal incarceration in the United States and Canada. Finally, suggestions are provided for ways to lessen the impact of maternal incarceration on children and more effectively support …

Persistence Of Jewish-Muslim Reconciliatory Activism In The Face Of Threats And “Terrorism” (Real And Perceived) From All Sides, Micah B.D.C. Naziri

Antioch University Dissertations & Theses

This dissertation concerns how Jewish-Muslim and Israel-Palestine grassroots activism can persist in the face of threats to the safety, freedom, lives, or even simply the income and employment of those engaged in acts of sustained resistance. At the heart of the study are the experiences of participants in the Hashlamah Project, an inter-religious collaboration project, involving Jews and Muslims. Across chapters and even nations, chapters of this organization faced similar threats and found universally-applicable solutions emerging for confronting those threats and persisting in the face of them. This raised the question of whether revolutionaries and activists in general can persevere …

Billed V. Paid - Why The Amount Billed By A Medical Provider Is The Only Amount A Jury Should Consider In Determining The Reasonable Value Of Medical Care In A North Dakota Personal Injury Action, James R. Hoy

North Dakota Law Review

No abstract provided.

Contracts - Restraint Of Trade Or Competition In Trade - Forum-Selection Clauses & Non-Compete Agreements: Choice-Of-Law And Forum-Selection Clauses Prove Unsuccessful Against North Dakota's Longstanding Ban On Non-Compete Agreements, Abigale Griffin

North Dakota Law Review

No abstract provided.

Criminal Law - Search And Seizure: Determining Probable Cause Relating To "Hands-Free" Laws, Joseph Hackman

North Dakota Law Review

No abstract provided.

Statutory Rights - Speedy Trial: Considering Good Cause Delay And Proper Procedure When The Defendant Invokes His Statutory Right To A Speedy Trial, Tatiana Hamilton

North Dakota Law Review

No abstract provided.

A New Wave Of Privacy And Consumer Laws: Should The California Consumer Privacy Act Be Implemented In North Dakota?, Paul Monnin

North Dakota Law Review

No abstract provided.

J Mich Dent Assoc January 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on "Preventing Pediatric Obesity: How the Dental Team Can Help”.
• “We Can Make a Difference in a Child’s Life”, a feature with a special message to MDA members from Suzanne Port, DDS, MS, president of the Michigan Academy of Pediatric Dentistry.
• A feature on “The Age-1 Visit: Time to Welcome Children into …

Missing In “State Action”: Toward A Pluralist Conception Of The First Amendment, Moran Yemini

Lewis & Clark Law Review

Online speech intermediaries, particularly social platforms, have an enormous impact on internet users’ freedom of expression. They determine the speech rules for most of the content generated and information exchanged today and routinely interfere with users’ speech while enjoying practically unchecked power to block, filter, censor, manipulate, and surveil. Accordingly, our current system of free expression lacks one of the main requirements of a just system—the notion that no form of power is immune from the question of legitimacy. Scholarly responses to this situation tend to assign decreased weight to constitutional norms as means to impose duties on online intermediaries …

Holding Oregon Benefit Companies Accountable For Greenwashing And Faux Csr, Sophia Von Bergen

Lewis & Clark Law Review

The notion of corporate social responsibility (CSR) has gained popularity in recent years with both consumers and businesses, leading to Oregon and currently 35 other states adopting benefit company statutes that allow companies to elect status as a benefit corporation. CSR, however, can be marred by what is known as “greenwashing” and “faux CSR,” which occur when a company falsely claims that it engages in environmentally friendly or socially responsible practices to boost sales or improve its brand. Oregon’s benefit company statute contains features designed to protect against greenwashing and faux CSR, but the statute’s accountability mechanisms are lackluster. Enforcement …

Dedication To Jeffrey D. Jones, 1968–2020

Lewis & Clark Law Review

On the morning of December 25, Professor Jeffrey D. Jones passed away. Professor Jones was a pillar of the Lewis & Clark Law School community. Those of us lucky enough to have had a class with Professor Jones will tell you he was much more than a professor—he was a leader, a deep thinker, a mentor, a friend, and an ally. He taught us, he supported us, he inspired us, and we are deeply saddened by his passing. Professor Jones was a beacon of light extinguished far too soon, and his absence will be felt for many, many years to …

John Marshall’S Constitution: Methodological Pluralism And Second-Order Ipse Dixit In Constitutional Adjudication, D.A. Jeremy Telman

Lewis & Clark Law Review

This Article provides a comprehensive treatment of the constitutional jurispru- dence of the Marshall Court (1801–1835), addressing its relationship to con- temporary originalism. Until recently, there seemed to be no need for such a study. With the move from intentionalism to textualism in the 1980s, originalists came to understand their movement as an innovation and a reac- tion against the perceived excesses of the Warren and Burger Courts. Original- ists did not claim that originalist methodology informed nineteenth-century constitutional adjudication.

Recently, however, originalists have made claims that constitutional adjudi- cation in the United States has always been originalist. This Article …

Discarded Loyalty: The Deportation Of Immigrant Veterans, Deenesh Sohoni, Yosselin Turcios

Lewis & Clark Law Review

The United States has a long history of using the foreign born to meet its mil- itary demands. For many immigrants, military service served both as a way to demonstrate loyalty to their adopted country, and to facilitate their naturali- zation process. However, over the past several decades an increasing number of foreign-born veterans have found themselves being deported, despite their honorable service, for having committed criminal acts. In many cases, these veterans were never given a chance to contest their deportations due to their status as non-citizens. This Article compares the deportation of non-citizen veterans today, with the failure …

Retribution As Ancient Artifact And Modern Malady, Molly J. Walker Wilson

Lewis & Clark Law Review

One of the oldest and most entrenched goals of punishment is retribution, which is the idea that inflicting pain on someone who has committed a wrong is a worthwhile goal, regardless of any other benefits or harms that may result. Retribution has been the justification for increasingly punitive policies in the United States, the effect of which has decimated communities of color, strapped taxpayers with huge associated costs, and increased crime rates. It is difficult to understand why we perpetuate harmful policies based on “just deserts” until we consider that the foundation of these policies is moral outrage—a powerful, automatic, …

The “Free Market” For Marijuana: A Sober, Clear-Eyed Analysis Of Marijuana Policy, H. Justin Pace

Lewis & Clark Law Review

Federal law prohibits the possession and sale of marijuana. At the same time, states are not only decriminalizing marijuana but also attempting to provide a regulatory apparatus for its sale. This has created a unique business environ- ment. In some ways, there is a true “free market” for marijuana in states that have legalized it—free, that is, of the legal and financial infrastructure avail- able to fully licit businesses in America.

Contracts may not be enforceable because they lack a legal purpose. Relief in bankruptcy court may not be available, either as a debtor or as a creditor. Use of …

Workforce Housing And Housing Preference Policies Under The Fair Housing Act, Jeffrey D. Jones

Lewis & Clark Law Review

The workforce housing movement grew out of two urgent realities. First, the lack of affordable housing near where workers are employed has a substantial impact on local economies and local business. Second, the lack of affordable housing near where workers live undermines the twin goals of inclusive com- munities and reversing historical patterns of segregation. The latter remains a primary obstacle to equality of opportunity throughout the United States. There is no one definition of “workforce housing.” The leading definition of workforce housing is provided by the influential Urban Land Institute (ULI). The ULI defines workforce housing as housing that …

Comparative Analysis Of Data Breach Laws: Comprehension, Interpretation, And External Sources Of Legislative Text, Carol M. Hayes

Lewis & Clark Law Review

Data breach laws in the United States have evolved in waves during the last couple of decades. There are a few federal laws that address aspects of data security and the aftermath of data breaches, but these laws tend to be narrow or sector-specific. This Article instead focuses on state legislative responses. As of 2018, all 50 states have a data breach law that at least addresses notifications. In this Article, the author presents the results of an empirical examination of the language used in these statutes. Examining the statutes side by side highlights the subtle choices of various state …