Law Commons^™

The Religious Freedom Restoration Act, Trinity Lutheran, And Trumpism: Codifying Fiction With Administrative Gaslighting, Robin S. Maril

Northwestern Journal of Law & Social Policy

This article addresses the Trump administration’s consistent misinterpretation and misapplication of legal precedent to support unnecessary religious exemptions that exceed Constitutional mandates and impair the rights of third parties to access federal services and programs. Proponents of this routinized repeal of civil rights protections argue that the Trump administration is merely restoring the correct balance of religious liberties in the federal government. However, the regulations and policies included in this campaign unconstitutionally broaden the already robust religious protections provided by statutes and court decisions and have the effect of dismantling the civil rights infrastructure of the past 50 years.

Despite …

College Students’ Perceptions Of Law Enforcement And Legal Careers, Courtney Alley

Undergraduate Honors Theses

Recent events have given attention to the public perception of criminal justice field in the United States. Although there has been much political debate about problems in the criminal justice field, attention should be turned to the prospective employees who will soon be seeking out these debates: college students seeking to enter the criminal justice field. The current study did that through survey data obtained from 112 students enrolled in criminal justice courses at East Tennessee State University during the Fall 2020 semester. Analysis revealed much about student interest in various criminal justice occupations, their perceived ability to perform the …

Combating Human Trafficking Crimes - A Study In The Distributions Of The United Arab Emirates, Dr. Emadeldin Mohamed Kammel Abdulhamed

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

Human trafficking is as old as humanity itself. Slavery has been known throughout all stages of human history. Human trafficking was a legitimate, public trade, and there were even laws regulating it. Throughout its long history, humanity has encountered many human rights violations under the name of this black trade whose commodity is man, a commodity that is traded across international borders without the slightest regard for his rights, freedoms, and the sanctity of his body, until the human conscience rose to a civilized horizon. Anti-slavery movements began in the late nineteenth century, and declarations were issued to abolish it. …

The Legal Aspects Of Listing The Shares Of The Private Joint Stock Company In The Financial Market According To The Uae Law. An Analytical Study, Dr.Mohammad Saad Al Armman

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

No abstract provided.

Local Government Law, Russell A. Britt, Kelsey L. Kicklighter, Jennifer D. Herzog, Nick Kinsley, Jacob Stalvey O'Neal, Pearson K. Cunningham, Philip E. Friduss

Mercer Law Review

Interesting developments on the application of sovereign immunity continued during this survey period. In City of College Park v. Clayton County, the Georgia Supreme Court addressed whether sovereign immunity bars suits between political subdivisions of the state, such as counties and cities, and concluded that it does not. The case involved taxation of alcoholic beverages at Hartsfield-Jackson Atlanta International Airport. The airport is located primarily within Clayton County, while some of the businesses located within the airport are located in unincorporated sections of the county and other businesses are located within the incorporated limits of the City of College …

Administrative Law, Chelsea M. Lamb, Moses Tincher, Matthew M. White

Mercer Law Review

This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2019, through May 31, 2020, in which principles of administrative law were a central focus of the case. Exhaustion of remedies will be the first topic discussed, followed by a review of decisions by administrative agencies, followed by cases discusses administrative scope of authority, with statutory construction to follow. The Article will conclude with cases discussing the standard of review of decisions by administrative agencies.

Real Property, Linda S. Finley

Mercer Law Review

This Article surveys developments in Georgia real property law between June 1, 2019, and May 31, 2020. Of course, the Survey became significantly different from previous years as a result of the COVID-19 pandemic. The Supreme Court of Georgia issued emergency rules and procedures resulting in the shutdown of many courts and most assuredly the slowdown of every court. Nevertheless, the Survey is the result of a review of appellate court decisions rendered during the survey period as well as legislation and other mandates promulgated during the period which affects real property law and practice.

Juveniles In The Interrogation Room: Defense Attorneys As A Protective Factor, Caitlin N. August, Kelsey S. Henderson

Criminology and Criminal Justice Faculty Publications and Presentations

Juveniles are more susceptible in the interrogation room than adults, due to a host of vulnerabilities that put them at risk. Scholars have suggested that requiring the presence of a defense attorney during interrogations can protect juveniles from making an unintelligent waiver; variations of this type of policy have been mandated in some states across the United States (e.g., Illinois and California). The current study takes an exploratory, qualitative approach to examine how defense attorneys may act as a protective factor in the interrogation room. We interviewed 19 juvenile defenders using a semi-structured interview method; questions focused on experiences in …

Judge Wood Meets International Tax, Julie Roin

University of Chicago Law Review

There is always a danger in having courts of general jurisdiction rule on issues involving the application of technical pieces of specialized legislation. Judges in these courts generally lack the background necessary to understand the interactions between the particular issue(s) under scrutiny and the larger legislative or regulatory picture. And unfortunately, the parties, usually operating under strict space constraints in their briefs, often fail to educate the judges about that larger picture. That is the situation Judge Diane Wood found herself in twenty-two years ago when it fell to her to write the opinion in Amoco Corp v Commissioner of …

Front Matter

ACTEC Law Journal

No abstract provided.

Louisiana, Keith B. Hall

Texas A&M Journal of Property Law

In Guilbeau v. BEPCO, L.P., a landowner filed suit seeking remediation of contamination arising from oil and gas activities prior to his purchase of the property. The landowner previously had filed a suit seeking a clean-up based on the defendants’ obligations under the Louisiana Mineral Code. That earlier suit was dismissed based on the subsequent purchaser doctrine. The subsequent purchaser doctrine states that private claims for damages to property belong to the person who owned the property at the time of the damages and absent that person’s assignment of his claims to a subsequent purchaser of the property, the subsequent …

Shelter In Place: Executive Order By The Governor To Ensure A Safe & Healthy Georgia, Preston A. Dunaway, Graham H. Gordon

Georgia State University Law Review

The Order required all visitors and residents of Georgia to practice social distancing in compliance with the Centers for Disease Control and Prevention guidelines; prohibited businesses in Georgia from allowing groups of more than ten people to gather at any single location; imposed a mandatory shelter-in-place requirement for all visitors and residents of Georgia except for essential workers, as defined within the Order; and laid out guidelines for how businesses would operate during the quarantine. Further, the Order limited restaurant services and closed certain businesses, including gyms and bowling alleys. The Order also superseded all local Orders purporting to regulate …

Health Insurance Portability And Accountability Act Of 1996: Health & Public Welfare, Erin L. Hayes, Kathryn A. Vance

Georgia State University Law Review

The Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) establish a standard for the use and protection of individuals’ health information and apply to certain covered entities or their business associates. Covered entities may only disclose an individual’s protected health information in limited situations. Covered entities or individuals that fail to comply with the Privacy Rule standards may be subject to civil or criminal penalties.

Marital Versus Nonmarital Entitlements, Raymond C. O'Brien

ACTEC Law Journal

The percentage of adult couples living in intimate nonmarital cohabitation continues to increase. The period of cohabitation is most often for a short period of time and entered into for several reasons. But for a small percentage of these and an increasing percentage of longer-term cohabitants, dissolution during life or at death often results in the unjust enrichment of one party. This Article examines methods of redress. In piecemeal fashion, a variety of states enforce nonmarital agreements, written and oral, during lifetime, while some enforce equitable remedies. Very few states enforce contract or equity remedies at death.

The paucity of …

Gifts In Contemplation Of Death: Why Can't Section 2035 Simply Die?, Stephanie J. Willbanks

ACTEC Law Journal

Income and wealth inequality has become a popular topic. There are a myriad of ways to reduce such inequality utilizing the tax system, either the income tax or the transfer taxes. Revitalizing the estate tax by reducing the exemption amount and adjusting the rate structure would reduce inequality. Much has been written about the viability of the estate tax and possible alternatives. This article does not revisit that analysis. Instead, it assumes that the estate tax will remain a viable component of the overall tax system. It analyzes one small segment of the estate tax – §2035 – and argues …

Evolution Of A Field: Personal Histories In Conflict Resolution, Howard Gadlin, Nancy A. Welsh

DRI Press

This book features 23 chapters written by founders, thinkers, inventors, reformers, disrupters and transformers in the field of conflict resolution, thus allowing readers to explore the field’s real, on-the-ground reasons for being and evolving. The contributors include mediators, facilitators, arbitrators, ombuds, academics, system designers, entrepreneurs, leaders of conflict resolution organizations, researchers, advocates for conflict resolution, and critics of conflict resolution. They share their personal and professional stories as well as the values, aspirations and characteristics of the field that inspired them to become involved in conflict resolution, develop their careers, and both influence and wrestle with the field’s evolution.

Contributors …

Suspects, Cars & Police Dogs: A Complicated Relationship, Brian R. Gallini

Washington Law Review

Officers are searching and arresting vehicle occupants without a warrant with increasing regularity. For justification, this Article demonstrates, lower courts across the country unconstitutionally expand the scope of the Fourth Amendment’s automobile exception—often in the context of a positive dog alert. But Supreme Court jurisprudence specifically limits the scope of the automobile exception to warrantless searches of cars and their containers. In other words, the probable cause underlying the automobile exception allows police to search a vehicle and its containers—nothing more.

Despite that clear guidance, this Article argues that a growing number of lower courts nationwide unconstitutionally rely on the …

Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain

West Virginia Law Review

No abstract provided.

The Reprieve Power: May The Uniform Code Of Military Justice Limit Executive Clemency?, Nino C. Monea

West Virginia Law Review

Article 57 of the Uniform Code of Military Justice states the President "may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended." This seemingly contradicts Article 2 of the United States Constitution, which states that the President "shall have the power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This Article looks at whether the power to "reprieve" offenses includes the power to suspend sentences, including military sentences, and concludes that it does. The …

Maximalist Decision Making: When Maximalism Is Appropriate For Appellate Courts, Lauren Cyphers

West Virginia Law Review

No abstract provided.

Content, Context, What's Next? A Garcetti-Pickering Analysis For Public Employees In Court, Austin Longnecker

West Virginia Law Review

No abstract provided.

A Comprehensive Framework For Conflict Preemption In Federal Insolvency Proceedings, Robert W. Miller

West Virginia Law Review

No abstract provided.

The Munemitsu Legacy: The Japanese American Family Behind Mendez V. Westminster: California’S First Successful Desegregation Case, Annie Tang

Library Articles and Research

"Many Orange County, California schoolchildren know the name 'Mendez.' After all, the iconic name is front and center of the landmark civil rights case that desegregated several of the county’s public schools in 1947, preceding the 1954 Brown v. Board case on a national level. The Mendez family, one of five Latino families which challenged several school districts in the county on their practice of Mexican-only schools, had their name immortalized in history. But the Mendezes would not have been able to lead the legal charge if it was not for another family of color, the Munemitsus, the Japanese American …

Telltale Marks: Looking Beyond Censorship Of Guantánamo, Aliana E. Sheers

Binghamton University Undergraduate Journal

In the United States, the government holds a storytelling monopoly; the stories it tells of Guantánamo dictate its reality, regardless of whether or not those stories are true. I will examine the government’s public statements about Guantánamo, then contrast these with covert communications and actions taken. Additionally, I will analyze iconic American images painted by detainees in classes at Guantánamo to garner the detainee perspective on the prison and the U.S. Acceptance of a single story is the antithesis of democracy; only when we strive to uncover the whole truth can we claim we have freedom of speech.

Caught In The Economic Crosshairs: Secondary Sanctions And The American Sanctions Regime, Daniel Meagher

Fordham Law Review

Economic sanctions have a long tradition of use in American foreign policy. There are many benefits to using economic sanctions, particularly when policymakers employ them as alternatives to military action. Secondary sanctions developed as a relatively new tool intended to extend the reach and potency of economic sanctions. They function in much the same manner as traditional, or primary, sanctions. However, they target individuals and entities who conduct prohibited business with the targets of primary economic sanctions. Secondary sanctions are often accompanied by severe financial penalties and threats of exclusion from U.S. consumer and financial markets. Through secondary sanctions, the …

Time Over Matter: Measuring The Reasonableness Of Officer Conduct In § 1983 Claims, Evelyn Michalos

Fordham Law Review

In the United States, far more police encounters result in civilian and officer deaths than in other democratic countries. When a government actor uses excessive force against an individual during an arrest or investigatory stop in violation of the Fourth Amendment right against unreasonable seizure, 42 U.S.C. § 1983 provides a federal civil remedy for that individual. In Graham v. Connor and Tennessee v. Garner, the U.S. Supreme Court held that courts should assess the reasonableness of an officer’s use of force to seize an individual in light of the “totality of the circumstances,” which includes the severity of …

No Fare: Remedying The Member Business Loan Loophole, Leili A. Saber

Fordham Law Review

The member business loan exemption of the Federal Credit Union Act was the driving force behind the New York City taxi medallion loan crisis that led to over 950 bankrupt taxi drivers and eight suicides. This Note analyzes the exemption as the legislature’s balancing act to reconcile two competing policy aims: keeping lenders safe while encouraging them to lend to risky borrowers. Viewed through the lens of the taxi medallion crisis, this Note demonstrates the severe harm that this loophole creates. Exempting credit unions from regulatory limits has left vulnerable borrowers subject to the adverse designs of powerful actors. Ultimately, …

Blackness As Fighting Words, Etienne C. Toussaint

Faculty Publications

The resurgence of worldwide protests by activists of the Movement for Black Lives (BLM) has ushered a global reckoning with the meaning of this generation’s rallying cry – “Black Lives Matter.” As citizens emblazon their streets with this expression in massive artistic murals, the Trump administration has responded with the militarized policing of non-violent public demonstrations, revealing not merely a disregard for public safety, but far worse, a concerted dismantling of protestors’ First Amendment rights. Nevertheless, BLM protests have persisted. Accordingly, this Essay considers the implications of this generation’s acclamation of Black humanity amidst the social tensions exposed during the …

Seriously Doe: Why A Hybrid Approach To Regulating Deer Farms Is Right For West Virginia, Jordan R. Mcminn

West Virginia Law Review

No abstract provided.

The Governor's Mansion Is A House, Not A Home: Requiring Executives To Live At The Seat Of Government, Ashley Faulkner

West Virginia Law Review

No abstract provided.