Law Commons^™

First Amendment Protections For Teachers Inside And Outside The Classroom: School District Overreach, Or Proper Protection?, Christiana Mones

Student Works

No abstract provided.

Tough Policies, Tougher Results: How Overly Punitive School Disciplinary Measures Feed The Education-To-Prison Pipeline, Nicol Vargas

Student Works

No abstract provided.

Weakening The Criminal Justice Reform Act: The Risk “Complexity” Poses To New Jersey’S Detained Defendants, Maura Wester

Student Works

No abstract provided.

The Applicability Of Federal Employment Discrimination Statutes To Incarcerated Workers: Requiring An Application Of The Baker Economic Reality Test And The Satisfaction Of Two Conditions For Employee Status, Cortney Colangelo

Student Works

No abstract provided.

A New Circuit Split: The Fifth Circuit’S Categorical Ban On Geofence Warrants Amid Broader Trends In State Legislation And Big Tech Advocacy, Anna Juliano

Student Works

No abstract provided.

Free Exercise Challenges To Entheogen Prohibitions: Precedents, Principles, And Issues, Kevin Chamow

Student Works

No abstract provided.

A Promise Yet Unfulfilled: The Yates Memo’S Impact On Individual Accountability For Corporate Wrongdoing Eight Years On, Kevin P. Turner

Student Works

No abstract provided.

Essential But Unvalued: Incarcerated Workers Deserve The Same Standards And Protections As Free Workers., Lisa Roe

Student Works

No abstract provided.

No Way To Die: A Proposal For Expanding New Jersey’S Medical Aid In Dying Act By Removing The “Terminal Illness” Requirement To Include Patients With Severe And Persistent Mental Illness, Liam Cosgrove

Student Works

No abstract provided.

The Undertreatment Of Patients With Chronic Pain Due To The Opioid Crisis, Nicole Ng

Student Works

No abstract provided.

Prisoner’S Rluipa Claims: Access To Religious Exercise Behind Prison Walls, Jill Campione

Student Works

No abstract provided.

“To See Or Not To See: The Supreme Court’S Constant Struggle With The Constitutionality Of Race-Conscious Affirmation Action Policies Post-Brown.”, Emme Anderson

Student Works

No abstract provided.

Extremely Wicked, Shockingly Evil, And Vile Minds: Insanity And Competency In Courts, Sarah Elsakhawy

Student Works

No abstract provided.

The “Ownership” Of Real Property: The Consequences Of Kelo V. City Of New London, Joseph E. Decker

Student Works

No abstract provided.

Restoring Sovereignty: Advancing Tribal Jurisdiction Through Extradition Treaties, Sarah Elsakhawy

Student Works

No abstract provided.

Cyclical Health Disparities And The Future Of The Indian Health Service, Emily York

Student Works

No abstract provided.

Showdown In The Black Hills: The Sioux Nation’S Continued Land Claims Battle Against The Us Government, Kevin Mckenzie

Student Works

No abstract provided.

Parental Leave In The European Union And The United States - Two Flawed Systems, Madeline Humphrey

Student Works

No abstract provided.

Sanctuary: How Churches Escape The Law And Protect The Criminal, Kyle R. Wavro

Student Works

No abstract provided.

The Reedy Creek Improvement District: A Comparative Analysis Underscoring The Problems In Hampering Special Districts, J. Patrick Moll

Dickinson Law Review (2017-Present)

In 2022, the Florida legislature passed a bill that removed the administration of the Reedy Creek Improvement District, the special district governing the Walt Disney World Resort. The bill replaced it with the Central Florida Tourism Oversight District. Governor Ron DeSantis hailed this legislation as a success in reigning in a corporation operating with unchecked and unprecedented levels of governmental authority. Since its inception, however, the replacement administration has contended with claims of ethical violations, inefficiency, and unconstitutional enactment. Before the repeal of the Walt Disney World special district, special districts themselves were not often present in the Nation’s everyday …

War Courts: Fdr, National Security, And The War On Terrorism, Harvey Gee

Dickinson Law Review (2017-Present)

No abstract provided.

The Method Is The Message: Movement Law And The Social Change Commons, Raymond H. Brescia

Dickinson Law Review (2017-Present)

Legal scholars have long sought to understand the relationship between social movements and the law. A new group of such scholars has argued that to better understand this relationship, and to advance social change that is effective, sustainable, equitable, and just, they must engage in dialogue with such movements to generate ideas that will catalyze that change. For those interested in generating ideas that can spark meaningful and lasting social change, such developments in legal scholarship represent an exciting evolution in the relationship between legal scholarship, legal scholars, and social movements: a relationship that appears to be growing stronger, deeper, …

Lewd, Rude, Obscene, And… Violent? Analyzing Student Clothing Depicting Firearms Under The First Amendment’S Obscenity Test, Luke Gorman

Dickinson Law Review (2017-Present)

Today’s national news and social media have repeatedly exposed our school-age children to the effects of shootings occurring within their schools and communities. Each shooting brings with it commentary, sometimes from the students themselves. While in-school student speech is more limited than speech levied in the outside world, students do not shed their speech rights at the “schoolhouse gate.” As a result, courts have failed to outline a consistent approach for when a student will be punished for wearing a shirt depicting a firearm to school. This Comment addresses this delicate balance by proposing a consistent three-part test framed by …

Internet Search Engines’ Privacy Violations And The Lack Of Federal Regulation To Protect Consumers Rights, Elsa M. G. Rodriguez Ogando

Dickinson Law Review (2017-Present)

The United States’ current legal framework regarding internet search engines is disadvantageous to consumers. Federal privacy laws (although not encompassing search engines) grant businesses a strong legal basis in privacy claims and alibies for arbitrary behavior; these laws favor businesses over consumers. Moreover, state privacy laws empower nonspecific agencies to oversee privacy matters and enforce consumers’ rights. Thus, the U.S. privacy legal framework is in need of a new federal law that establishes consumers’ rights, as well as a federal agency dedicated solely to privacy matters. This Article proposes a federal law recommendation based on the standards of the California …

Under New Management?: Sovereign Wealth Funds And Their Ownership Of U.S. Sports Teams, Benjamin K. Moyer

Dickinson Law Review (2017-Present)

In October 2021, Saudi Arabia’s sovereign wealth fund (“SWF”) successfully purchased the English Premier League soccer team Newcastle United F.C. for $400 million. With this transaction, Saudi Arabia joined fellow Gulf countries, Qatar and the United Arab Emirates, in owning a major European soccer team through one of its state’s SWF. States have long used their SWFs to invest in foreign markets, but recent trends have transformed these originally strictly financial vehicles into political tools. Since the 2007–2008 financial crisis, many states have used their SWFs not only to produce financial gains but also to generate soft power through political …

Dobbs V. Brown, Benjamin H. Barton

Dickinson Law Review (2017-Present)

Dobbs v. Jackson Women’s Health Organization1is the most important and impactful Supreme Court decision since at least Roe v. Wade, and potentially since Brown v. Board of Education. Past survey data show that most Americans can only name two Supreme Court opinions: Roe and Brown. Dobbs will surely join that list. This Article compares the history, drafting, and opinions of Dobbs and Brown to show what a missed opportunity Dobbs represents. Regardless of whether you agree or disagree with the opinion, it should be clear that Dobbs was one of those unique times (like that of Brown) where the Court …

Asynchronous Trials: A New Approach To High-Volume Civil Adjudication, Henry Zhuhao Wang

Scholarly Publications

For thousands of years, trials were held in brick-and-mortar courthouses. Then COVID-19 ravaged the world, and many businesses and institutions, including judicial courts, went online. For the first time many people realized, accepted, and benefited from online trials held via videoconference software like Zoom. But Zoom fatigue is real. As the epidemic subsides, we must explore the next exciting growth point for judicial reforms.

Outside the courtroom, since the second half of the twentieth century, a revolution in communication methods has profoundly affected people’s daily life: we have switched from almost entirely real-time, synchronous human interactions, such as in-person meetings …

Artificial Intelligence And Constitutional Interpretation, Andrew Coan, Harry Surden

University of Colorado Law Review

No abstract provided.

Assessing Equity, Environmental Social Justice And Intersectionality In U.S. Federal Policies: A Comparative And Temporal Analysis Of The Department Of Transportation, Department Of Energy, And Environmental Protection Agency, Sneha Basu

Dissertations and Theses @ UNI

As the climate crisis intensifies, U.S. federal policies play a critical role in addressing the disproportionate environmental burdens borne by marginalized communities. This thesis assesses how equity, environmental social justice, and intersectionality have been integrated into the policy documents of three key federal agencies: Department of Transportation (DOT), Department of Energy (DOE), and Environmental Protection Agency (EPA), over a 20-year period (2004–2024). Using a quantitative content analysis of 46 policy documents, the study evaluates five core dimensions: depth of discussion, clarity of language, inclusiveness of marginalized groups, action-oriented language, and environmental justice considerations. The research reveals significant interagency disparities, with …

The Military's Constitutional Role, Brenner M. Fissell

Faculty Publications

A basic principle of the American constitutional order is that civilian authority must be supreme over that of the military. The violation of this principle by the British was one of the grievances enumerated in the Declaration of Independence, and the Framers responded with a Constitution that made military rule impossible. But why is so-called “civilian control” of the military so important? This deep normative question has yet to be thoroughly answered by scholars, most of who assume it away as a given. This Article takes up that task, using contemporary political theory to defend the principle of civilian control. …