Law Commons^™

City Of Los Angeles V. Lyons: How Supreme Court Jurisprudence Of The Past Puts A Chokehold On Constitutional Rights In The Present, Peter C. Douglas

Northwestern Journal of Law & Social Policy

The United States today has refocused its attention on its continuing struggles with civil rights and police violence—struggles that have always been present but which come to the forefront of the collective consciousness at inflection points like the current one. George Floyd—and uncounted others—die at the hands of the police, and there is, justifiably, outrage and a search for answers. Although the reasons why Black and Brown people are disproportionally subject to unconstitutional police violence are manifold, one reason lies in the Supreme Court’s 1983 decision in City of Los Angeles v. Lyons. While many scholars have criticized the Burger …

With Unanimity And Justice For All: The Case For Retroactive Application Of The Unanimous Jury Verdict Requirement, Kara Kurland

Northwestern Journal of Law & Social Policy

Until the Supreme Court’s 2020 decision in Ramos v. Louisiana, non-unanimous jury verdicts were constitutional and utilized in two states: Louisiana and Oregon. The Ramos decision not only declared the practice of non-unanimous jury verdicts unconstitutional, but it also emphasized the essential nature of jury verdict unanimity in criminal trials throughout American history and legal jurisprudence. A year later, in Edwards v. Vannoy, the Court considered retroactive application of Ramos. Utilizing the test created in Teague v. Lane that assessed the retroactivity of new rules of criminal procedure, the Court announced that, despite the essential nature of the unanimous jury …

Comparative Limitations On Abortions: The United States Supreme Court V. The European Court Of Human Rights, Sunaya Padmanabhan

Northwestern Journal of Law & Social Policy

This Note compares the balancing tests implemented by the United States Supreme Court and the European Court of Human Rights to determine the legal status of abortion within their jurisdictions. This Note will argue that the Supreme Court’s balancing test better protects a woman’s legal path to an abortion because it A) limits states’ restrictions to specific categories and B) regulates the extent to which states can restrict a woman’s pre-viability abortion.

This Note will also examine the ways in which each court’s abortion jurisprudence substantively restricts a woman’s ability to obtain an abortion, even where legal avenues to the …

Gold & Blue Law, Summer/Fall 2021, St. Mary's University- San Antonio, Texas

Gold & Blue Law Edition

This is the Summer/Fall 2021 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

Non-Elderly Adults On Disability In The Cf Population, Lea Nolan, Semret Seyoum, Julanne Wilson, Marsha Regenstein

Health Policy and Management Issue Briefs

No abstract provided.

Recent Developments: Hunt V. State, Lindsay Keough

University of Baltimore Law Forum

No abstract provided.

The Changing Landscape Of Asylum And Refugee Laws And Human Rights: The Diminishing Role Of The United States, Florence Shu-Acquaye

Faculty Scholarship

No abstract provided.

Global Erie And Its Limits: Channeling Jurisdictional Competition For Procedure, Edward J. Janger

Faculty Scholarship

No abstract provided.

"Commonly Accepted Notions Of Insurance" For Captives In Tax Cases Are Not Common Notions Of Insurance In The Insurance Industry, Harold Weston

Connecticut Insurance Law Journal

No abstract provided.

Is Open Access Equal Access? Pacer User Fees And Public Access To Court Information, John L. Moreland

Articles by Maurer Faculty

Our country has a long history of striving for openness and transparency in government processes. In 1978, the United States Supreme Court held, “It is clear that the courts of this country recognize a general right to insect and copy public records and documents, including judicial records and documents.” Long before America’s high court recognized this common law principle, court records were historically accessible for inspection by lawyers, journalists, land title companies, credit agencies, academics, and members of the general public. These individuals were also permitted to take notes as a part of their right to inspect court documents. Having …

Beyond Binary Thinking: Addressing The Biases That Threaten The Progressive Prosecution Movement, Olwyn Conway

Scholarly Articles in Law Reviews & Journals

A society that regularly and systematically dehumanizes citizens of color will continue to wield the most punitive aspects of its criminal system against those citizens, so long as they are legally available. The racial discrimination that pervades the American criminal system drives its punitiveness and fosters excessive punishments that increase harm and criminal wrongdoing.

Professors Cure, Academic Support Cares: The Potential Role Of Academic Support In Increasing Graduation Rates At Law Schools At Historically Black Colleges And Universities, Reem Haikal

University of Baltimore Law Forum

No abstract provided.

Effects Of Cloud Computing In The Workforce, Kevin Rossi Acosta

Cybersecurity Undergraduate Research Showcase

In recent years, the incorporation of cloud computing and cloud services has increased in many different types of organizations and companies. This paper will focus on the philosophical, economical, and political factors that cloud computing and cloud services have in the workforce and different organizations. Based on various scholarly articles and resources it was observed that organizations used cloud computing and cloud services to increase their overall productivity as well as decrease the overall cost of their operations, as well as the different policies that were created by lawmakers to control the realm of cloud computing. The results of this …

The Price Of Progress: Estimating The Funding Needed To Close The Justice Gap, E. H. Geiger

Cardozo Journal of Equal Rights & Social Justice

The article addresses the "Justice Gap," a disparity in legal services between low-income individuals and their wealthier counterparts, leading to unfair legal outcomes. It argues that insufficient funding for legal aid exacerbates this issue and calls for increased federal funding to ensure equal access to justice, emphasizing that the costs are manageable and necessary to prevent broader societal and economic consequences.

Illinois Childcare Parentage Law (R)Evolution, Jeffrey A. Parness

College of Law Faculty Publications

State childcare parentage laws, that is, laws designating parents for custody, visitation, parental responsibility allocation, parental decisionmaking and/or support purposes, have evolved dramatically in the past half century. The (r)evolution is due to major changes in both reproductive technologies and human conduct. Yet the (r)evolution is incomplete.

The (r)evolution is especially incomplete in Illinois. Recent statutory amendments in Illinois chiefly reflect the work of the National Conference of Commissioners on Uniform State Laws in its 2000 model Uniform Parentage Act, not its 2017 Uniform Parentage Act. The latter better addresses the effects on childcare parentage of the changes in …

Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid Ekbia

Faculty Publications

The COVID-19 pandemic led to unprecedented closures of national borders and the withdrawal of much of the social and cultural activities of society into the walls of the home. For us, educators focused on global engagement and analyzing international law and society, the abrupt retreat into the shelter of domestic walls disrupted the very subjects we were studying-inside and outside the classroom. In the pandemic 's first wave, most study abroad and international experiential programs were cancelled indefinitely, and the programs that continued had to operate in an environment of social distancing and uncertainty. We were forced to scramble to …

It's None Of Your Business: State Regulation Of Tribal Business Undermines Sovereignty And Justice, Robin M. Rotman, Sam J. Carter

Faculty Publications

The U.S. Constitution grants the federal government plenary power over American Indian affairs, yet states are increasingly attempting to assert regulatory and tax jurisdiction over tribal businesses. This overreach threatens tribal sovereignty and contravenes the terms of treaties entered between the United States and American Indian tribes. This Article begins by examining the legal foundations of federal, state, and tribal relations. It then examines recent cases across four business sectors - gaming, tobacco sales, petroleum sales, and online lending - in order to illustrate the pervasive jurisdictional challenges faced by courts in cases involving tribal businesses. This Article offers three …

The Malignancy Of Plea Bargaining, Aaron Hughes

Cardozo International & Comparative Law Review (CICLR) Blog

n Lafler v. Cooper, Justice Kennedy, writing for the majority of the Supreme Court, noted that "criminal justice today is for the most part a system of pleas, not a system of trials. Ninety-seven percent of federal convictions and ninety-four percent of state convictions are the result of guilty pleas." These numbers have not been consistent: the percentage of criminal defendants opting to plead guilty has only risen over the years. A defendant who pleads guilty forgoes the possibility of being acquitted and therefore receiving no punishment. A right to trial is in part a right to seek to avoid …

Palestinian Nationality And “Jewish” Nationality: From The Lausanne Treaty To Today, Susan M. Akram

Faculty Scholarship

This chapter assesses the legal foundations of Zionist and Palestinian national claims over the land of Palestine since the British Mandate. It explores the legal basis and implications of the claim of Jewish nationality in Palestine and compares it with the claim of Palestinian nationality. The question of national rights, and who can claim them, is central to rethinking the statehood and residency rights of those living today in the area of historic Palestine. The law of nationality is at the core of the protections of peoples’ right to self-determination, and understanding the principles underlying nationality law is essential to …

A "Second-Class Right" For "Second-Class Citizens", Benjamin A. Rice

SMU Law Review Forum

In McDonald v. City of Chicago, the Supreme Court countenanced against treating the Second Amendment as a “second-class right.” Against this admonition, congressional defunding of federal restorative programs has rendered the amendment a second-class right for an ever-increasing and much-maligned group of people: those who have been adjudicated as mentally ill. In a majority of states, those who have been involuntarily committed at any point in their lives to a mental health institution lose the right to bear arms for life. Taking guns out of the hands of those who have enjoyed decades of good mental health after a brief …

Cardozo Law News Brief: October 1, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Rebecca Ingber
• Betsy Ginsberg
• Jocelyn Getgen Kestenbaum
• Ngozi Okidegbe
• Deborah Pearlstein

Events:

• It's Not Easy Being Green
• Floersheimer Center Annual Supreme Court Term Preview
• NIL in Real Time
• Linking Concepts of Public Health, Mental Health, and Mass Atrocity Prevention
• An Evening with Vanessa Friedman

Table Of Contents

The Journal of Law and Education

No abstract provided.

"We Have To Get Certain Numbers To Stay Open": Has A Charter School Network In New Orleans Failed To Draw The Line?, Kristen Buras

The Journal of Law and Education

No abstract provided.

Private Policy: Rethinking State Action In Education Law (And Beyond), Meredith R. Aska Mcbride

The Journal of Law and Education

No abstract provided.

When Virtual Discipline Becomes Virtual Suspension: Protecting The Due Process Rights Of Virtual Learners, Peggy Nicholson

The Journal of Law and Education

No abstract provided.

"The Report Of My Death Was An Exaggeration" - The Legal Treatise, Amanda Bolles Watson

The Journal of Law and Education

No abstract provided.

Homeschooling: The Next Generation Of Legal Debate, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Going The Distance: Closing The Gap Between Copyright Provisions And Distance Learning Student Note, Rebekah J. Griggs

The Journal of Law and Education

No abstract provided.

Evaluating The Impact Of The Covid-19 Pandemic On Students With Disabilities Student Note, Mckala Troxler

The Journal of Law and Education

No abstract provided.

Ending The School-To-Prison Pipeline In South Carolina Through Legislative Reform Student Note, Meghan Wicker Darby

The Journal of Law and Education

No abstract provided.