Law Commons^™

Misfire: How The North Carolina Pistol Purchase Permit System Misses The Mark Of Constitutional Muster And Effectiveness, Nicholas Gallo

North Carolina Law Review

No abstract provided.

Integrating Environmental Protection Into Asean Trading System, Kittinut Supsoontornkul

Dissertations & Theses

Integrating environmental protection into ASEAN trading system is pivotal for ensuring long-term economic development and environmental sustainability. Due to its resource-based economy, ASEAN's economic performance highly depends on the sustainable condition of the environment. The ASEAN approach prioritizing economic growth without environmental consideration leads to environmental degradation and economic loss. Many transboundary environmental problems in ASEAN result from unsustainable production methods aiming to maximize advantages in trade competition. There are growing international efforts in addressing production and process methods as a part of the sustainable development goal. Major trading partners of ASEAN increasingly employ unilateral environmental trade measures and environmental …

“No Earlier Confession To Repeat”: Seibert, Dixon, And Question-First Interrogations, Lee S. Brett

Washington and Lee Law Review

The Supreme Court’s 2004 decision in Missouri v. Seibert forbade the use of so-called question-first interrogations. In a question-first interrogation, police interrogate suspects without giving Miranda warnings. Once the suspect makes incriminating statements, the police give the warnings and induce the suspect to repeat their earlier admissions.

Lower courts are increasingly interpreting a per curiam Supreme Court case, Bobby v. Dixon, to significantly limit the scope and applicability of Seibert. These courts claim that postwarning statements need only be suppressed under Seibert when there is an “earlier confession to repeat.” In this Note, I argue that this reading …

Louisiana Oil & Gas Update, Keith B. Hall

Journal Articles

No abstract provided.

Transgender Inmates And Sex Reassignment Surgery In Florida: Why Failing To Provide This Standard Of Care, Edwyna Estime

Nova Law Review

No abstract provided.

Climate Change's Free Rider Problem: Why We Must Relinquish Freedom To Become Free, Natalie M. Roy

William & Mary Environmental Law and Policy Review

Despite the increasing urgency of climate change, countries continue to struggle to cooperate on even modest solutions. Of international accords that are successfully ratified, agreed-upon commitments are mostly hortatory and vague, succeeding only in engendering a fragmented, voluntary compliance scheme. Unsurprisingly, decades of tepid climate action and procrastination have begotten a staggering emissions gap for the world to close by 2030—requiring a collective greenhouse gas reduction of about fifty percent to limit global warming to the 1.5°C benchmark. Yet, global greenhouse emissions have generally risen, not fallen in the last decade, with 2018 marking a record high despite pledges made …

The Political Remedies Doctrine, David M. Driesen

Emory Law Journal

This Article describes and analyzes a hitherto unrecognized doctrine—the political remedies doctrine. That doctrine maintains that courts ought not adjudicate separation of powers claims until both political branches of government have asserted their rights. The doctrine has escaped analysis (and even explicit notice) because judges camouflage it, employing it while invoking the more familiar rubrics of ripeness, standing, political question, and equitable discretion. Justice Powell provided the leading articulation of the doctrine, but the Supreme Court as a whole has never squarely endorsed it. The political remedies doctrine, however, has played a surprisingly important role in the lower courts, helping …

Flying Too Close To The Sun: The Abrogation Of The Migratory Bird Treaty Act By The Trump Administration, Jennifer Bautista

Nova Law Review

No abstract provided.

Politics, Power & Community: Critically Reexamining Notions Of Law, Identity & Civil Society, Marvin L. Astrada, Scott B. Astrada

Nova Law Review

No abstract provided.

E-Cigarettes And Gen-Z: How A New Generation Of Nicotine Addicts Revived A Dying Age-Old Trade, Rachel Sears

Nova Law Review

No abstract provided.

Nova Law Review Full Issue Volume 43, Issue 3

Nova Law Review

No abstract provided.

Forging Cross-Border Connections Through Scholarly Writing, Dr. Ramona Biholar, Sha-Shana Crichton

Nova Law Review

No abstract provided.

Let Them Talk: Cognitive & Social Benefits Of Elaboration, Jennifer M. Cooper

Nova Law Review

No abstract provided.

Bend It Like Beckham? Using Cognitive Science To Inform Online Legal Research And Writing Pedagogy During The Pandemic, James B. Levy

Nova Law Review

No abstract provided.

Masthead

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Sex, Crime, And Serostatus, Courtney K. Cross

Washington and Lee Law Review

The HIV crisis in the United States is far from over. The confluence of widespread opioid usage, high rates of HIV infection, and rapidly shrinking rural medical infrastructure has created a public health powder keg across the American South. Yet few states have responded to this grim reality by expanding social and medical services. Instead, criminalizing the behavior of people with HIV remains an overused and counterproductive tool for addressing this crisis—especially in the South, where HIV-specific criminal laws are enforced with the most frequency.

People living with HIV are subject to arrest, prosecution, and lengthy prison sentences if they …

The Sexual Harassment Loophole, Keith Cunningham-Parmeter

Washington and Lee Law Review

Employers rarely pay for sexual harassment. The #MeToo movement has not changed this legal reality. Title VII of the Civil Rights Act of 1964—the nation’s primary workplace antidiscrimination law—contains a harassment loophole. Harassment is the only kind of Title VII violation that allows employers to avoid liability if they offer training and reporting opportunities to workers. In contrast, employers must automatically pay for all other Title VII claims such as discriminatory firings, even when firms have trained their employees not to discriminate. This Article makes the case for closing the loophole by aligning harassment liability with other Title VII offenses …

Unifying Antitrust Enforcement For The Digital Age, John O. Mcginnis, Linda Sun

Washington and Lee Law Review

As the digital revolution continues to transform competition among businesses, U.S. antitrust enforcement has struggled to remain effective. The U.S. has long depended on a system of dual antitrust enforcement through both the Federal Trade Commission (FTC) and the Department of Justice (DOJ). Modern technology has greatly exacerbated existing structural deficiencies of the two-headed approach, at times resulting in deadlock. The two agencies approach new antitrust issues generated by computational technologies differently and fight over who should lead key investigations, leading to economic uncertainty in the most important business sectors. These enforcement disagreements can also hobble the government’s response to …

The Fda’S Power Over Non-Therapeutic Uses Of Drugs And Devices, Patricia J. Zettler

Washington and Lee Law Review

Although we often—and rightly—think of the U.S. Food and Drug Administration (FDA) as regulating important therapies for patients, the agency also can regulate non-therapeutic uses of drugs and devices. The Federal Food, Drug, and Cosmetic Act defines drugs and devices as including not only products intended to address disease but also those intended to affect the structure or function of the body, such as cognitive enhancements, wrinkle removers, and recreational drugs. Indeed, if these broad definitions were read literally, many everyday consumer products—such as winter jackets intended to keep wearers’ warm—may be drugs or devices. Accordingly, Congress, courts, and the …

Comment: Wysiati And False Confessions, Michael R. Hoernlein

Washington and Lee Law Review

Decades after the Supreme Court mandated in Miranda v. Arizona that police advise suspects of their constitutional rights before custodial interrogation, confusion remains about the contours of the rule, and some law enforcement officers still try to game the system. In his excellent Note, “No Earlier Confession to Repeat”: Seibert, Dixon, and Question-First Interrogations, Lee Brett presents a careful analysis of the legal landscape applicable to so-called question-first interrogations. Mr. Brett offers a compelling argument urging courts not to interpret Bobby v. Dixon as limiting the application of Missouri v. Seibert to two-step (i.e., question-first) interrogations only when …

Blind Justice: Virginia’S Jury Sentencing Scheme And Impermissible Burdens On A Defendant’S Right To A Jury Trial, Mitchell E. Mccloy

Washington and Lee Law Review

This Note argues that Virginia’s mandatory jury sentencing scheme, which bars juries from reviewing state sentencing guidelines, impermissibly burdens a defendant’s Sixth Amendment right to a jury trial. By analyzing both judge and jury sentencing guidelines compliance rates from the past twenty-five years, this Note demonstrates that in Virginia, a defendant has a significantly higher chance of receiving a harsher sentence after a jury trial than after a bench trial or a guilty plea. Given that judges rarely modify jury sentences, the defendant is effectively left with a choice between two different sentences before plea negotiations can even begin.

Because …

Regulatory Agency Capture: How The Federal Energy Regulatory Commission Approved The Mountain Valley Pipeline, Aakshi Agarwal

Harvey M. Applebaum ’59 Award

The FERC’s history of approving nearly 100% of pipelines and divisive pipeline cases like the Atlantic Coast Pipeline and Mountain Valley Pipeline have driven landowners’ long-standing claims of regulatory agency capture of the FERC. The present research substantiates the claim of capture with a case study of the Mountain Valley Pipeline and uncovers that the FERC is both culturally and corrosively captured. This research also suggests that the capture of the FERC began at its conception during the natural gas crisis and subsequent natural gas bubble, which caused the FERC to follow the industry’s lead. These findings indicate that the …

Batman Saves The Congo: How Celebrities Disrupt The Politics Of Development, Alexandra Cosima Budabin, Lisa Ann Richey

Books and Book Chapters by University of Dayton Faculty

How celebrity strategic partnerships are disrupting humanitarian space: Can a celebrity be a "disrupter," promoting strategic partnerships to foster ideas and funding to revitalize the development field, or are they just charismatic ambassadors for big business? Examining the role of the rich and famous in development and humanitarianism, this book argues that celebrities do both, and that understanding why and how yields insight into the realities of neoliberal development.

Contents:

• Introduction
• Chapter 1. Celebrity, Disruption and Neoliberal Development
• Chapter 2. Narrating the Congo: Dangerous Single Stories and the Organizations that Need Them
• Chapter 3. Choosing the Congo: How a Celebrity …

From Liability Shields To Democratic Theory: What We Need From Tort Theory Now, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Among possible legal responses to a pandemic, quashing tort liability might seem startling. Common sense indicates that a deadly and debilitating disease would call for possible tort liability, to enable recovery for losses by those subjected to the disease because of others’ carelessness while also discouraging careless conduct that could lead to preventable cases illness in the first place. Yet, when faced with SARS-CoV-2 and COVID-19, the life-threatening disease caused by the virus, the first response of many American lawmakers was to enact, or attempt to enact, COVID-19 “liability shield” statutes. These laws introduced doctrine to eliminate or narrow grounds …

From Parchment To Dust: The Case For Constitutional Skepticism (Introduction), Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

This is the introduction to a new book entitled "From Parchment to Dust: The Case for Constitutional Skepticism." The introduction sets out a preliminary case for constitutional skepticism and outlines the arguments contained in the rest of the book.

Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe

Case Western Reserve Journal of International Law

No abstract provided.

Stonewall To The Present: An Analysis Of The Lgbt Rights Movement And U.S. Public Policy, Jake Mericle

Capstone Showcase

The LGBT Rights Movement has been one of the most influential social movements in recent decades. The aim of this paper is to determine the extent to which the LGBT rights movement has affected U.S. law and policy. In order to study this, I employ a process tracing method to study the movement as a whole over the past few decades from Stonewall to the present. I begin with the Stonewall Riots of 1969 as they are largely considered to be the start of the modern LGBT rights movement. My analysis focuses on the power and the importance of the …

#Aminext: The Link Between European Colonization And Gender-Based Violence In Contemporary South Africa, Jenna Meredith Pagel

Capstone Showcase

Alarmingly, the female murder rate in South Africa is five times the global average (BBC News 2019). According to data from 2017 and 2018, a woman is murdered every four hours in South Africa (Wilkinson 2019). More than 30 women were killed by their spouses in August 2019, and at least 137 sexual offenses are committed per day in South Africa (Francke 2019).

For this thesis, and in order to understand why South Africa has some of the highest rates of violence against women in the world, I consult a number of scholars who conclude that the overall issue of …

Administration And Faculty, University Of The Pacific, Mcgeorge School Of Law

University of the Pacific Law Review

No abstract provided.