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2022

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Full-Text Articles in Law

Endmatter, Cwru School Of Law Oct 2022

Endmatter, Cwru School Of Law

The Reporter: Social Justice Law Center Magazine

No abstract provided.


A Declaration Of Dependence For Iowa Civil Rights Committees, Michael Mahoney Oct 2022

A Declaration Of Dependence For Iowa Civil Rights Committees, Michael Mahoney

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Commentary: Beyond Debate Means Beyond Protection, Lucas Allison Oct 2022

Commentary: Beyond Debate Means Beyond Protection, Lucas Allison

The Reporter: Social Justice Law Center Magazine

No abstract provided.


State Of Ohio V. Wrongful Convictions, Alireza Nourani-Dargiri Oct 2022

State Of Ohio V. Wrongful Convictions, Alireza Nourani-Dargiri

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Commentary: State Of Tennessee V. Gilbert, Thad Cwiklinski Oct 2022

Commentary: State Of Tennessee V. Gilbert, Thad Cwiklinski

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Lessons From Brookline: Lawsuits Won’T Save Us From Racist Workplace Practices, Makela Hayford Oct 2022

Lessons From Brookline: Lawsuits Won’T Save Us From Racist Workplace Practices, Makela Hayford

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Violence Against Women Act And Marsy’S Law, Elena Gutbrod, Hannah Yeack Oct 2022

Violence Against Women Act And Marsy’S Law, Elena Gutbrod, Hannah Yeack

The Reporter: Social Justice Law Center Magazine

No abstract provided.


A Summary About The Positive Effect Of The Law Prohibiting The Source Of Income (Soi) Discrimination, Zhiwei Hua Oct 2022

A Summary About The Positive Effect Of The Law Prohibiting The Source Of Income (Soi) Discrimination, Zhiwei Hua

The Reporter: Social Justice Law Center Magazine

No abstract provided.


How The Fair Housing Act Fails Individual Victims With Criminal Convictions, Jane Norris, Zhiwei Hua Oct 2022

How The Fair Housing Act Fails Individual Victims With Criminal Convictions, Jane Norris, Zhiwei Hua

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Eviction Sealing, Danielle Dalporto, Makela Hayford Oct 2022

Eviction Sealing, Danielle Dalporto, Makela Hayford

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Death By A Single Sentence, Danielle Dalporto Oct 2022

Death By A Single Sentence, Danielle Dalporto

The Reporter: Social Justice Law Center Magazine

No abstract provided.


State V. Andujar: Why Meaningful Reform Is Needed, Natalie Aguilar Oct 2022

State V. Andujar: Why Meaningful Reform Is Needed, Natalie Aguilar

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Comment On State V. Porter, Jane Norris Oct 2022

Comment On State V. Porter, Jane Norris

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Review: Domestic Terrorism In The United States, Hannah Yeack Oct 2022

Review: Domestic Terrorism In The United States, Hannah Yeack

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Frontmatter And Director's Letter, Ayehsa Hardaway Oct 2022

Frontmatter And Director's Letter, Ayehsa Hardaway

The Reporter: Social Justice Law Center Magazine

No abstract provided.


Report On The Texas Legislature, 87th Session: An Urban Perspective-Executive Summary, Sarah Guidry Esq., Zahra Buck Whitfield Esq., Sidikat Ishola Student, Jamal Garner Student Oct 2022

Report On The Texas Legislature, 87th Session: An Urban Perspective-Executive Summary, Sarah Guidry Esq., Zahra Buck Whitfield Esq., Sidikat Ishola Student, Jamal Garner Student

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

In Texas, the legislature meets every two years. At the end of a regular legislative session, hundreds of passed bills will have been sent to the governor for approval. The large number of bills and the wide range of topics they cover can make it difficult to gain an understanding of all the new laws that were passed, and this session there were three special sessions as well. At the close of each legislative session the Earl Carl Institute publishes, for the benefit of its constituents, highlights from the session in a bi-annual legislative report. In this year’s publication entitled …


Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives Oct 2022

Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Collection 744. Correspondence and papers of Bowling Green, Kentucky attorney Leland H. Logan. Includes some personal material regarding his law practice and draft status, diaries for 1944 and 1945, and a small group of files representing his legal work, especially for the Home Owners’ Loan Corporation.


Brief Of Patent Law Professors As Amici Curiae In Support Of Petitioners, Christa J. Laser Oct 2022

Brief Of Patent Law Professors As Amici Curiae In Support Of Petitioners, Christa J. Laser

Law Faculty Briefs and Court Documents

This Court should reverse the Federal Circuit and hold that IPR estoppel extends only to grounds that were raised or could have been raised during the IPR proceeding. Estoppel would therefore extend to instituted grounds, whether raised during the proceeding or not. Estoppel would not extend to uninstituted grounds, such as grounds which might have been challenged in the petition for review but were not.


"The Rule” And The Constitution: Witness Exclusion And The Right To A Public Trial, Stephen E. Smith Oct 2022

"The Rule” And The Constitution: Witness Exclusion And The Right To A Public Trial, Stephen E. Smith

Faculty Publications

Federal and state rules of evidence provide for the exclusion of potential witnesses from the courtroom. But, in criminal proceedings, the Sixth Amendment’s right to a public trial presumes that a courtroom will be open. The public trial right has been widely interpreted to restrict even “partial closures” – the exclusion of an individual or group from a criminal courtroom. The rule on witnesses is potentially at odds with the right to a public trial. Witness exclusion, by rule, is almost automatic. The Sixth Amendment, on the other hand, requires heightened scrutiny before individuals may be excluded from the courtroom. …


Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden Oct 2022

Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Impermissibility Of Police Deception In Juvenile Interrogations, Gina Kim Oct 2022

The Impermissibility Of Police Deception In Juvenile Interrogations, Gina Kim

Fordham Law Review

Although perjury is a criminal offense in all states and a felony in many, law enforcement may routinely lie to suspects during interrogations. This widespread, judicially authorized practice consists of interrogators making false promises of leniency that the suspect will receive a lighter sentence in exchange for a confession, and making misrepresentations about the evidence against the suspect. Police deception in interrogations becomes even more problematic when used against juvenile suspects because the psychological vulnerability of minors may lead them to succumb to deceptive pressures and even to falsely confess.

This Note explores the debate surrounding the use of police …


Germany’S Erneuerbare-Energien-Gesetz And Incentives For Renewable Energy Production, James Stitt Oct 2022

Germany’S Erneuerbare-Energien-Gesetz And Incentives For Renewable Energy Production, James Stitt

Cardozo International & Comparative Law Review (CICLR) Blog

The Renewable Energy Sources Act (“EEG”) was introduced in Germany over twenty years ago and has since influenced similar legislation in over eighty countries. The EEG “forms the legal basis for the support for renewable energy sources in Germany.” The most groundbreaking feature of the EEG is the feed-in tariff (“FIT”) system incentivizing corporations and even individuals to join in renewable energy production. FITs were first introduced in 1991 with the Electricity Feed-In Act (Stromeinspeisungsgesetz), the legislation that started Germany’s push toward renewable energy source production.

This post was originally published on the Cardozo International & Comparative Law Review on …


Public Carry Versus Public Health — The Harms To Come From The Supreme Court’S Decision In Bruen, Michael Ulrich Oct 2022

Public Carry Versus Public Health — The Harms To Come From The Supreme Court’S Decision In Bruen, Michael Ulrich

Faculty Scholarship

In June, the U.S. Supreme Court ruled in New York State Rifle & Pistol Association v. Bruen that the Second Amendment provides a constitutionally protected right to carry firearms in public. The decision is already creating turmoil in the form of political and public backlash and a scramble by policymakers to find new ways to combat the growing gun-violence epidemic in the United States. The majority opinion in Bruen, written by Justice Clarence Thomas, will have a devastating impact on efforts to mitigate gun violence and address racial disparities, but the reasoning used in the decision could cause even …


Are Rules Effective Before Publication? Reflections On The D.C. Circuit’S Decision In Humane Society V. Usda, Jack M. Beermann Oct 2022

Are Rules Effective Before Publication? Reflections On The D.C. Circuit’S Decision In Humane Society V. Usda, Jack M. Beermann

Faculty Scholarship

Since at least 1980, there has been a documented increase in regulatory activity at the end of presidential terms, especially in the post-election period when the outgoing President’s successor is from the other party. This phenomenon has come to be known as “midnight regulation,” and the products of end-of-term legislative rulemaking are referred to as “midnight rules.” While a study I conducted for the Administrative Conference of the United States revealed that most midnight rules are routine,[1] some are not and are designed to project the agenda of the outgoing administration into the future and force the incoming administration …


Advising The Victim Of Domestic Violence, Kristen Clarke Kellems, Kristen Kellems Oct 2022

Advising The Victim Of Domestic Violence, Kristen Clarke Kellems, Kristen Kellems

Faculty Publications

This presentation provides Utah attorneys and advocates with a practical framework for advising people experiencing domestic violence. It explains how criminal, protective-order, divorce, custody, housing, financial, juvenile, and immigration matters may overlap, often leaving clients overwhelmed and uncertain about what each court can accomplish. The presenters emphasize client autonomy, safe communication, realistic expectations, and coordination with victim advocates and community resources. Through case hypotheticals, the presentation examines civil and criminal protective orders, restraining orders, court safety planning, custody and parent-time concerns, documentation, communication between parents, social media, supervised visitation, and the risk that litigation may become another means of control. …


Wellness Review 2022, Part 1, Martin Huecker, Brian A. Ferguson, Jacob Shreffler Oct 2022

Wellness Review 2022, Part 1, Martin Huecker, Brian A. Ferguson, Jacob Shreffler

Journal of Wellness

Introduction: This article represents the first of a two-part assessment of 2022 literature addressing wellness in healthcare professionals published from January 1, 2022 to June 30, 2022.

Methods: Three editors conducted a similar keyword search in Pubmed, also adding manually curated articles. Focusing chiefly on clinical trials and other prospective research, we settled on a final 25 significant papers focusing on wellness in medical professionals to include in this review.

Literature Review: Recent literature into HCW wellness continues to describe burnout factors and COVID-19 impact, but includes more resilience-targeting interventions and systematic reviews of trials seeking bolstering of well-being. Subsections …


Bernard Parks Jr., And Bpj Enterprises, Inc., Order On Discovery Motions, John J. Goger Oct 2022

Bernard Parks Jr., And Bpj Enterprises, Inc., Order On Discovery Motions, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


Taking Care With Text: "The Laws" Of The Take Care Clause Do Not Include The Constitution, And There Is No Autonomous Presidential Power Of Constitutional Interpretation, George Mader Oct 2022

Taking Care With Text: "The Laws" Of The Take Care Clause Do Not Include The Constitution, And There Is No Autonomous Presidential Power Of Constitutional Interpretation, George Mader

Law Faculty Scholarship

“Departmentalism” posits that each branch of the federal government has an independent power of constitutional interpretation—all branches share the power and need not defer to one another in the exercise of their interpretive powers. As regards the Executive Branch, the textual basis for this interpretive autonomy is that the Take Care Clause requires the President to “take Care that the Laws be faithfully executed” and the Supremacy Clause includes the Constitution in “the supreme Law of the Land.” Therefore, the President is to execute the Constitution as a law. Or so the common argument goes. The presidential oath to “execute …


Sentencing After Stash Houses: Addressing Manipulation Of The Federal Sentencing Guidelines, Elizabeth Foy Gudgel Oct 2022

Sentencing After Stash Houses: Addressing Manipulation Of The Federal Sentencing Guidelines, Elizabeth Foy Gudgel

Fordham Law Review

In the realm of undercover work, law enforcement has broad discretion to define the contours of a criminal offense. Due to quantity-based provisions in the Federal Sentencing Guidelines, federal agents or their informants may coerce an individual into a higher sentencing range by escalating their behavior to align with mandatory minimums or quantifiable offense levels. Because this type of offense is police-initiated, law enforcement has discretion to select the individuals subject to these tactics and influence their eventual sentences. The defenses of sentencing entrapment and sentencing manipulation are meant to combat this discretion. However, these defenses are rarely invoked successfully …


Ed Sheeran Copyright Victory Highlights Issues In The Music Industry, Shayna Grife Oct 2022

Ed Sheeran Copyright Victory Highlights Issues In The Music Industry, Shayna Grife

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Ed Sheeran won a copyright infringement lawsuit filed against him for alleged copyright infringement in his popular song “Shape of You” in 2018.The Grammy-winning song, which also holds the title of the most streamed song on Spotify, was accused of being too similar to “Oh Why” by Sami Switch. The lawsuit raised questions for the music industry as to the issues associated with the increase of copyright infringement suits and the damaging effects that they may have on the music industry.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 4, 2022. The …