Law Commons^™

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"One of the roles of lawyers is to facilitate compromises among those who do not share a common vision for our society and to embed those compromises in laws and institutions." – D. Gordon Smith

Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.

Takings Liability And Coastal Management In Massachusetts, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.

Responding Effectively To Trauma Manifestations In Child Welfare Cases, Rebecca Stahl

All Faculty Scholarship

This article defines trauma and how it manifests in the dependency court system. Trauma is prevalent in child welfare cases and all of the professionals on these cases can respond to the trauma they see and experience more effectively through a better understanding of how to regulate the nervous system and the body. Trauma often manifests as difficult behaviors in the dependency court world, but there is a lack of information for effective strategies to deal with it. This article discusses how families and professionals experience trauma in dependency court and provides tools rooted in a physiological understanding of trauma. …

Juvenile Court Interagency Agreements: Subverting Impartial Justice To Maximize Revenue From Children, Daniel L. Hatcher

All Faculty Scholarship

No abstract provided.

Federal Public Lands Policy And The Climate Crisis And Proposed Policy: Sequential Mitigation And Net Conservation Benefit, Robert L. Fischman

Books & Book Chapters by Maurer Faculty

Professor Fischman's contributions to this colleciton include the sections, "Federal Public Lands Policy and the Climate Crisis" and "Proposed Policy: Sequential Mitigation and Net Conservation Benefit."

Masthead, Cardozo Journal Of Equal Rights & Social Justice, Vol. 27 (2020–21)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 27, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Title Ix And The Failure Of Due Process, Kenneth Lasson

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges in implementing Title IX, focusing on its failure to ensure due process, particularly in cases involving sexual misconduct allegations. It highlights how the Trump administration's policy changes have attempted to address these issues but have also faced criticism for potentially undermining protections against discrimination.

Post-Conviction Dna Testing In Death Row: A Constitutional Argument Under The Due Process Framework, Chi-Hsin Esther Engehart

Cardozo Journal of Equal Rights & Social Justice

The note argues that post-conviction DNA testing in death row cases should be recognized as a constitutional right under the procedural due process framework of the Fourteenth Amendment. It contends that the current reliance on the Eighth Amendment, which focuses on the morality and arbitrariness of the death penalty, fails to adequately address the critical issue of conviction accuracy. By applying the Mathews v. Eldridge balancing test, the note proposes that death row inmates should have a procedural due process right to DNA testing to ensure the accuracy of their convictions before execution.

Cultivating Minds, Not Data Points: A Critical Examination Of Education Policy, Caroline E. Burks

Cardozo Journal of Equal Rights & Social Justice

The article critiques federal education policies such as No Child Left Behind (NCLB), Common Core, and the Every Student Succeeds Act (ESSA) for failing to address educational inequities, particularly for minority students. It argues that these policies, despite their intentions, have not effectively closed the achievement gap and have often exacerbated existing disparities. The article proposes a new approach emphasizing school choice and improved public transportation to foster socio-economic and racial integration in schools.

Running Up Against The Civil Rights Act: Does Joe Biden's Promise Of A Female Running Mate Violate Title Vii?, Michael Conklin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Socialized Tenets In The United States: Thought Reflections On Healthcare As A Collective Good That U.S. Society Desires, Alina Veneziano

Cardozo Journal of Equal Rights & Social Justice

This study traces the history of the United States in socializing certain collective goods for society as a means of possibly satisfying deeper needs. To accomplish this, American psychologist Abraham Maslow's seminal theory on human motivation is analogized to societal needs. Society wants to be protected by government and, little by little, the United States has responded to the needs of its society by socializing certain goods. The United States has satisfied the following needs for society: the physiological needs, the safety needs, the love needs, and the esteem needs. It has yet to satisfy the highest level of societal …

A Constitutional Analysis Of A Proposal To Expand The Prison Nursery Programs, Lion Song

Cardozo Journal of Equal Rights & Social Justice

The note advocates for expanding Prison Nursery Programs (PNPs) to include mothers who gave birth up to twelve months before incarceration, arguing that the current eligibility criteria, which exclude these mothers, violate the Equal Protection Clause of the Fourteenth Amendment. The author contends that these mothers are similarly situated to those who give birth while incarcerated and should be afforded the same opportunities to participate in PNPs, which promote maternal-infant bonding, reduce recidivism, and support child custody retention.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Thurgood Marshall In Tennesee: His Defense Of Accused Rioters, His Near-Miss With A Lynch Mob, David L. Hudson Jr.

Law Faculty Scholarship

n “Thurgood Marshall in Tennessee: His Defense of Accused Rioters, His Near-Miss with a Lynch Mob,” David L. Hudson Jr. examines a pivotal yet lesser-known episode in the early career of Thurgood Marshall arising from the 1946 Columbia Race Riot in Columbia, Tennessee. The article recounts how a dispute between an African-American Navy veteran and a white store employee escalated into racial violence, mass arrests of more than 100 African Americans, and sweeping law enforcement actions in the Black community. Marshall, working alongside attorneys Z. Alexander Looby, Maurice Weaver, and others, joined the defense of 25 African-American men charged with …

Fostering States As Laboratories, Myrisha S. Lewis

Popular Media

No abstract provided.

Fall 2020

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Tiffany Leung, Madison Ranta

Graphic Design & Layout: Alexandra Fox

Fraud And Foreign Judgments Under Singapore Law, Adeline Chong

Research Collection Yong Pung How School Of Law

A foreign judgment is generally not to be reviewed on the merits at the recognition and enforcement stage. Yet, an exception has always been carved out for fraud under the common law rules on the basis that ‘fraud unravels everything’ (Lazarus Estates Ltd v Beasley [1956] 1 QB 702, 712 per Lord Denning). Thus, English courts allow a judgment debtor to raise fraud at the recognition and enforcement stage even if no new evidence is adduced and fraud had been considered and dismissed by the court of origin (Abouloff v Oppenheimer & Co (1882) 10 QBD 295). This seeming anomaly …

Human Rights And The Rule Of Law: Implications For Canada-China Relations, Pitman B. Potter

All Faculty Publications

China’s rise to prosperity has seen increased tension with international standards of human rights and the rule of law such that, after a lengthy period of tentative engagement China has more recently worked to change international standards to accommodate its interests. China’s approach to human rights and the rule of law has significant implications for Canada, not only for our bilateral relations but also in terms of the impacts on international institutions that are of vital interest to Canada. In response, Canada should pursue a program of selective engagement, that combines attention to China’s abuses of human rights and the …

What Becomes A Legendary Constitutional Campaign Most? Marking The Nineteenth Amendment At One Hundred, Linda C. Mcclain

Faculty Scholarship

What most becomes a landmark anniversary in the legendary campaign by women (and some men) for woman suffrage that, in 1920, led to Congress’s ratifying the Nineteenth Amendment to the U.S. Constitution? This framing of the question alludes to the famous, decades-long Blackglama advertising campaign, “What becomes a legend most?,” which (beginning in 1968) enlisted the charisma of famous women (and some men) to glamorize mink coats. This Essay also appeals to the dual meanings of legendary -- “of, relating to, or characteristic of legend” and “well-known, or famous” -- and argues that the campaign for woman suffrage is the …

More Than The Vote: 16-Year-Old Voting And The Risks Of Legal Adulthood, Katharine B. Silbaugh

Faculty Scholarship

Advocates of 16-year-old voting have not grappled with two significant risks to adolescents of their agenda. First, a right to vote entails a corresponding accessibility to campaigns. Campaign speech is highly protected, and 16-year-old voting invites more unfettered access to minors by commercial, government, and political interests than current law tolerates. Opening 16-year-olds to campaign access undermines a considered legal system of managing the potential exploitation of adolescents, which sometimes includes direct regulation of entities and also gives parents authority in both law and culture to prohibit, manage, or supervise contacts with every kind of person interested in communicating with …

The Twenty-Fifth Amendment—In The Words Of Birch Bayh, Its Principal, John D. Feerick

Fordham Law Review

No abstract provided.

Foreword, John D. Feerick, John Rogan

Fordham Law Review

No abstract provided.

Senator Birch Bayh’S Contributions To Women’S Rights, Panel Panel

Fordham Law Review

No abstract provided.

Remarks, Pj Mode

Fordham Law Review

No abstract provided.

Remarks, Patrick Leahy

Fordham Law Review

No abstract provided.

Remarks, Jason Berman

Fordham Law Review

No abstract provided.

Remarks, Lowell Beck

Fordham Law Review

No abstract provided.

Remarks, Jessee Wegman

Fordham Law Review

No abstract provided.