Law Commons^™

Babies Behind Bars, Elissa Johnson

Student Works

No abstract provided.

A Framework For Dignity And Health: Why Transgender Prisoners Are Entitled To Gender Affirming Care And How Their Rights Should Be Protected, Rishi Sane

Student Works

No abstract provided.

Police Accountability In Expungement Processing In New Jersey: The Past, Present, And Future, Jahmir Sterling

Student Works

No abstract provided.

Housing Transgender Inmates: A Review Of Prea Compliance And Related Legislation & Litigation, Carla Williams-Pauley

Student Works

No abstract provided.

The Problem With The United States For-Profit Cash Bail System And Why State Legislatures Should Stop Putting Profits Over People And Not Let Fear Prevent Bail Reform, Jake Collins

Student Works

No abstract provided.

Stop Winging It! Time For The Courts To Fly In Formation And Provide Greater Protections To Migratory Birds., Ryan Dana

Student Works

No abstract provided.

The Elephant In The Art Gallery: Why Laws And Regulations For Use Of Animals In Art Should Be Rewritten Through Both A Legal And Artistic Lens, Lori Meek

Student Works

No abstract provided.

Faithful Parenting: An Analysis Of Religious Exemptions To Child Neglect Laws And Vaccine Mandates Under The First Amendment, George Schneider

Student Works

No abstract provided.

H.L.A. Hart’S Theory Of Law And The Supreme Court’S Use Of Stare Decisis, John Bonfiglio

Student Works

No abstract provided.

Minding The Maid Gap: Issues In Expansion Of Medical Aid In Dying To Sole Underlying Conditions Of Mental Illness In U.S. States, Alexandra Rubino

Student Works

No abstract provided.

Veiled In Controversy: Landmark Cases On Religious Accommodations For Muslim Women's Dress, Iqra A. Niazi

Student Works

No abstract provided.

Intellectual Property Laws And The Religion Clauses: At War Or In Harmony?, Rachaita Trivedi

Student Works

No abstract provided.

Where To Go: Examining Enforcement Of Intra-European Union Arbitration Awards In The United States And United Kingdom Post-Achmea, Nicholas P. Cohen

Student Works

No abstract provided.

Indian Land Acquisition In The Context Of The Transcontinental Railroad, Kyle M. Ryan

Student Works

No abstract provided.

Getting Where They’Re Needed: The Case For A Vaccine Treaty, Christian W. Allan

Student Works

No abstract provided.

Curing Cannibalism: The Case For Stricter Antitrust Scrutiny Regarding Hospital Mergers, Amelia Baijnath

Student Works

No abstract provided.

Lost In The Weeds: The Federal Curtailment Of Cannabis Research And Whether New Cannabis Research Law Can Clear The Smoke, Amanda Nicole Pappas

Student Works

No abstract provided.

Taking Your Medicine: Insulating The Drug Price Negotiation Program From Fifth Amendment Challenge, Thomas Feil

Student Works

No abstract provided.

The Doctor Is Online: How The Covid-19 Public Health Emergency Created A Pathway To Increased Access To Mental Healthcare Treatment, Morgan Mcdonald

Student Works

No abstract provided.

Exploring An Establishment Clause Challenge To State Abortion Bans, Alex Pilla

Student Works

No abstract provided.

Book Review—Shaping The Bar: The Future Of Attorney Licensing, Kevin P. Lee

Dickinson Law Review (2017-Present)

No abstract provided.

A Second Chance At Success: Using “Second Look” Laws To Modify Sentences Of Juvenile Offenders, Sophia M. Adams

Dickinson Law Review (2017-Present)

“Second look” sentencing laws allow incarcerated individuals to petition to have their sentences reexamined and potentially reduced after they have served a significant period of incarceration. This rehabilitative relief is conditioned upon an offender showing that they have made meaningful positive changes while incarcerated and would not pose a threat to their community if released. Implementing second look laws is particularly appropriate in the context of offenders who have committed crimes as juveniles. The U.S. Supreme Court has recognized that juvenile offenders are less culpable than their adult counterparts and psychological science supports this conclusion. This Comment examines and compares …

A Critical Assessment Of The First Step Act’S Recidivism-Reduction Measures, Raquel Wilson

Dickinson Law Review (2017-Present)

The First Step Act of 2018 (“FSA”) is the most impactful federal sentencing reform of the past 40 years. While the Act represents a partial resurgence of the rehabilitative model of imprisonment, which had fallen out of favor decades before, it also represents a missed opportunity to fully integrate evidence-based rehabilitation programs for those offenders who pose the greatest risks to public safety.

The public has a strong interest in reducing recidivism, particularly among violent offenders, most of whom will be released from federal prison eventually. The FSA incentivizes participation in evidence-based, recidivism-reducing programs offered by the Bureau of Prisons …

The Sword And The Scale: Model Rule 8.4(G) As A Tool Of Racial Justice In The Legal Profession, Tiffany Williams Brewer

Dickinson Law Review (2017-Present)

Lady Justice. Have you seen her? Standing regal and tall with blindfolded eyes. A sword in one hand and a scale in the other. Her image represents a symbol of hope and idealism in protecting and delivering her virtues. Lawyers enter this noble profession to do right by her and carry on her legacy. We serve our clients with the aim that she will ultimately be both our arbiter of facts and our judge. While the symbolism of her blindfold is often the subject of commentary on justice, consider the symbolism of the powerful tools she has chosen in her …

Reshaping Government’S Fiduciary Role Under The 1992 Constitution Of Ghana, Rose Rameau, Abdul Baasit Aziz Bamba

Dickinson Law Review (2017-Present)

In Ghana and across many African States, the people—through the instrumentality of law or their respective Constitutions— have constituted their presidents trustees of the natural resources to be held in trust for the benefit of the people. With a few exceptions, mineral resource governance in Africa has been horrendous: Many African States have failed to leverage their natural resource endowments as a catalyst for much-needed socioeconomic development.

This Article analyzes the 1992 Constitution of the Republic of Ghana which provides that all public lands and natural resources in Ghana shall be vested in the President on behalf of, and in …

The Case For Climate Reparations, Scott W. Stern

Dickinson Law Review (2017-Present)

Climate reparations are, to employ an old cliché, an idea whose time has come. Of course, calls for reparations have been emanating from the Global South since long before scholars in the Global North started paying attention. The United States has been in the midst of a public debate over reparations for many years. And reparations have become among the more contentious issues pushed by campaigners and even delegates at international climate summits. Yet, although legal scholars have begun to contend with climate reparations, there is hardly a robust body of literature on the matter. The subject deserves—demands— deep scrutiny. …

The Fourteenth Amendment And The Vénus Noire, Farah Peterson

Public Law and Legal Theory Working Papers

No abstract provided.

Retrenching Speech Protective Thresholds In Trademark Law, Jake Linford

Scholarly Publications

In their article, Raising the Threshold for Trademark Infringement to Protect Free Expression, Christine Haight Farley and Lisa Ramsey argue in favor of a speech-protective fair use test that would replace multiple tests applied by the U.S. Courts of Appeals when a defendant's alleged infringement has either informational or expressive elements. This Response explains why this raised threshold test is unlikely to be adopted following the U.S. Supreme Court's retrenchment of speech-protective thresholds in Jack Daniel's Properties, Inc. v. VIP Productions, LLC. That prediction is bolstered by the Court's likely holding in Vidal v. Elster. Readers persuaded that current defensive …

Data Controllers As Data Fiduciaries: Theory, Definitions & Burdens Of Proof, Noelle Wilson, Amanda Reid

University of Colorado Law Review

As more U.S. states have begun to pass consumer privacy laws, there are growing calls for federal data privacy regulation to ease the burden of compliance with various, sometimes conflicting, state laws. However, scholars and lawmakers are divided on how best to balance robust privacy protections with privacy laws to which businesses can realistically comply. Two prominent regulatory models have emerged from scholarly debate. The Rights/Obligations Model grants consumers various rights and imposes obligations on businesses. This model has been trending in U.S. states, which have mirrored language from the European Union’s General Data Protection Regulation (GDPR) by imposing different …

Police Vigilantism, Nadia Banteka

Scholarly Publications

This Article uncovers a critical yet unexplored dimension of policing: the strategic oscillation of police officers between their roles as state actors and private individuals, and its significant implications for police accountability frameworks. As officers toggle between these two roles to their legal advantage, they exploit a deep, systemic flaw in the structural design of policing. Tracing the trajectory of policing from its vigilante origins to its institutionalized form today, this Article argues that contemporary policing merges state-sanctioned power with vestiges of vigilantism to blur the public-private divide. This duality enables a form of state-sanctioned vigilantism through which officers exploit …