Law Commons^™

Indefinite Or Temporary Legislation? An Argument For How The New Jersey Supreme Court Should Settle The Pension And Health Care Benefits Act’S Facial Contradiction, Thomas P. Meyer

Student Works

No abstract provided.

The Fate Of Future Personalized Medicine Treatment Patents, Gyuhyun Bae

Student Works

No abstract provided.

Experts’ Role In Art Authentication, Bethany Mar

Student Works

No abstract provided.

To Protect And Serve: Training Law Enforcement With The Ada In Mind, Courtney A. Dansbach

Student Works

No abstract provided.

An Obvious Solution To The Current Section 101 Discord, Conrad Stumpf

Student Works

No abstract provided.

Traffic Collision Reconstruction And Its Place In Trial, Leighton Cohen

Student Works

No abstract provided.

Sperm You Can Bank On; A Proposed Federal Regulatory Scheme To Increase Consumer Protection In The Sperm Donation Industry, Jessica Stookey

Student Works

No abstract provided.

The Reasonable Accommodation Standard Imposed By Title Vii Of The Civil Rights Act Of 1964, Molly Moran

Student Works

No abstract provided.

Mental Disability Law And Crispr: Can Current Legal Standards Protect Vulnerable Populations From Overzealous Researchers?, Catriona Coffey

Student Works

No abstract provided.

The Hangover Effect Of Mitchell V. Wisconsin, Kamil Gajda

Student Works

No abstract provided.

Closing The Gender Pay Gap Through Salary History Bans: Bad For Employers, Bad For Women, John Kaschak

Student Works

No abstract provided.

Better To Bend Than To Break? New Jersey Compromises Citizen Safety For Tnc Business, Veronica Kampfe

Student Works

No abstract provided.

The Mode And The Message: Offensiveness As A Viewpoint In First Amendment Law, Matyas Lich

Student Works

No abstract provided.

Taxation Of The Internet Economy: An Analysis Of The Recent Changes To Taxation Of Airbnb And Short-Term Rentals In New Jersey, Matthew Love

Student Works

No abstract provided.

Reconciling Student Due Process Rights In Sexual Misconduct Adjudications: What Educational Institutions And Policymakers Can Learn From Haidak, Lauren Mcnamara

Student Works

No abstract provided.

New Jersey’S Case Against The Opioid Epidemic: Prosecuting The Key Players, Lauren Russo

Student Works

No abstract provided.

Thank You, I Emoji Your Offer: Emojis Translating Acceptance In Contracts, Keith Menscher

Student Works

No abstract provided.

Navigating In The Clouds: The Triumphs And Drawbacks Of The Cloud Act, Jia Zhang

Student Works

No abstract provided.

Migrants Can Make International Law, Ama Francis

Sabin Center for Climate Change Law

Migrants have the power to make international law as norm creators. The nation-state enjoys a monopoly on violence in domestic jurisgenesis, but international law’s constraint on the use of force provides non-state actors the opportunity to participate in the formation of international legal doctrine without the threat of violence. Scholars have overlooked this nonstate jurisgenerative potential, bound by a state-centric conception of law. This Article applies the claim that non-state actors have the power to influence international law to the transnational issue of climate-induced migration. Climate change intensifies slow- and sudden-onset events, and sudden-onset disasters already displace millions annually. Yet …

U.S. Climate Litigation In The Age Of Trump: Full Term, Korey Silverman-Roati

Sabin Center for Climate Change Law

From beginning to end, the Trump administration pursued an agenda of climate deregulation. The administration aimed a portfolio of actions at weakening federal climate protections and promoting fossil fuels.1 The executive branch did so by aiming to revise and rescind all major Obama-era agency rules to regulate greenhouse gas emissions, leasing public lands for fossil fuel development, attempting to curtail climate impact consideration in National Environmental Policy Act and Endangered Species Act reviews, and withdrawing energy efficiency measures, among other climate deregulation actions.2 Collectively, this effort served to advance the view that humans are not causing serious climate change and …

Reframing The Monuments: How To Address Confederate Statues In The United States, Jillian Fitzpatrick

Journal of Civil Rights and Economic Development

(Excerpt)

This Note was written between September 2018 and March 2019 as part of St. John’s University School of Law’s two-semester Perspectives on Justice class. At the time that this Note was written, there was a growing urgency to address the Confederate monuments around the United States, but little had been done by states or the federal government. At the time, many states, including Virginia, had in place Heritage Protection Acts which made the removal or relocation of such monuments punishable under criminal law, thus tying the hands of the localities where the monuments were located. However, in just two …

Save A Friend's Life Or Risk Your Freedom: The Dilemma Too Many People Face When Witnessing An Overdose, Jennie M. Miller

Journal of Civil Rights and Economic Development

(Excerpt)

You are a Chicago, Illinois resident, walking your dog when you trip over a crack in the pavement and break your arm. You need surgery. After surgery, your doctor gives you a one-month prescription of opioids. Just one little pill has the ability to make all of your pain magically disappear and allow you to function as though you had never even fallen. Near the end of your limited prescription, the pain fails to disappear as easily, and the high does not last quite as long as it once did. There are zero refills remaining. Suddenly, you find yourself …

Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill

Dickinson Law Review (2017-Present)

Recently, the federal government has taken numerous steps to promote the equal treatment (also known as parity) of mental and physical health issues. The two most impactful actions are the Mental Health Parity and Addiction Act of 2008 and the Affordable Care Act. These acts focus on the traditional avenue for parity change—insurance regulation. While these acts have improved parity, major gaps in coverage and treatment between mental health/substance use disorder treatment and medical/surgical treatment persist. ERISA Preemption, evasive insurer behavior, lack of enforcement, and lack of consumer education continue to plague patients and healthcare professionals. On its own, federal …

The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil

Dickinson Law Review (2017-Present)

Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …

The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum

Dickinson Law Review (2017-Present)

This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.

This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole. Or, put another way, …

Assertion And Hearsay, Richard Lloret

Dickinson Law Review (2017-Present)

This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct one …

Achieving Better Care In Pennsylvania By Allowing Pharmacists To Practice Pharmacy, Travis Murray

Dickinson Law Review (2017-Present)

Traditionally, state legislatures implemented Prescription Drug Monitoring Programs (“PDMPs”) to assist prescribers, pharmacists, and law enforcement in identifying patients likely to misuse, abuse, or divert controlled substances. PDMP databases contain a catalog of a patient’s recent controlled substances that pharmacies have filled, including the date, location, the quantity of medication filled, and the prescribing health care provider. Prescribers in Pennsylvania have a duty to query the PDMP before prescribing controlled substances in most clinical settings. Pharmacists have a similar duty in Pennsylvania to dispense safe and effective medication therapy to patients and to screen patients for potential signs of misuse, …

All Rise: Suiting Up When Showing Up For The Practice Of Law In The Covid-19 Virtual Legal Environment, Marissa Moran

Publications and Research

The age-old advice: “No matter how you feel, get up, dress up, and show up for work and life!” may be worth remembering as more legal professionals participate in virtual environments due to the COVID-19 mandated court closures.

Virtual court hearings, mediations, and meetings are taking place. Attorneys and legal educators have adapted to changes in how we meet clients and students by utilizing Blackboard Collaborative, Zoom, Cisco WebEx, Microsoft Teams, Google Meet/Hangouts, and Skype. Do such changes in our ways of meeting and communicating-within the virtual environment-bring with them a corresponding change in expectations of what is appropriate attire …

The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich

University of Colorado Law Review

No abstract provided.

The Politicization And Polarization Of Climate Change, Williamson Grassle

CMC Senior Theses

In the mid to late 20th-century, climate change and other environmental issues were addressed on a bipartisan basis, with Republican politicians like President Richard Nixon and George H.W. Bush supporting and advancing measures to combat climate change. However, since the 1990s, climate change has become increasingly polarized, with significant polarization in the last decade. This paper dives into the causes behind climate change's politicization and polarization and what the future holds for bipartisan agreement by analyzing peer-reviewed articles, campaign contributions, news stories, political archives, and past interviews with climate experts. The analysis finds that the polarization has been driven by …