Law Commons^™

Plea Bargaining For The People, Daniel S. Mcconkie Jr.

College of Law Faculty Publications

Our criminal justice system must be democratic enough to allow for significant citizen participation. Unfortunately, our current system cuts the people out. Instead of juries, plea bargaining professionals like prosecutors, defense attorneys, and judges decide most cases. Plea bargaining does efficiently process cases but, in addition to its well-known coercive aspects that warp case outcomes, ignores what I call “criminal justice citizenship.” This refers to the people’s privilege to participate on an equal basis in the criminal justice system. That participation strengthens our democracy, shores up the legitimacy of the system, and helps to ensure that the system, within constitutional …

No Consensus: Patchwork Remedies And The Health Crisis Linked To Ethylene Oxide Medical Sterilization Facilities, Staci L. Vazquez

Northern Illinois University Law Review

This article strives to provide an overview of the environmental health crisis surrounding medical sterilization facilities and examine the variety or “patchwork” of legal solutions involved. Part II of the article will discuss the dangers of ethylene oxide (EtO), how it is used for sterilization of medical equipment, and the health impacts that occur when emissions of the chemical are released into communities. Part III will explain how ethylene oxide is regulated, as well as the framework of federal, state, and local regulations. Part IV will demonstrate what happens when these mechanisms fail by discussing a recent environmental health crisis …

Those Constitutional Amendments Were Aimed At The Pa. Supreme Court As Much As They Were At Wolf, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Systemic Inequality | Not Just Any Pretext: The 2020 Census And The Voting Rights Act, Unsigned Flro

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Not Secure In Their Persons: Bridging Garner And Graham, Eric Szkarlat

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Racial Gerrymandering, The For The People Act, And Brnovich: Systemic Racism And Voting Rights In 2021, Joseph Palandrani, Danika Watson

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Systemic Racism In Child Neglect Laws, Kendra Kumor

Fordham Law Review Online

The American child protection and support system was founded in the Reconstruction era. After the Civil War, many Southern states passed so-called Black Codes, which included apprenticeship statutes. These apprenticeship statutes allowed children to be removed from their parents’ care for any number of reasons, including poor moral character or financial instability. Although these statutes have long since been repealed, the residual institutional effects still linger in today’s child neglect and custody battles. Black children are disproportionately represented in child protective services investigations, in part because Black families constitute a disproportionate part of the homeless and impoverished population in the …

Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Ballot Access Behind Bars, Robin Fisher

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Race, Place, And Pollution: The Deep Roots Of Environmental Racism, Robert L. Bentlyewski, Mina Juhn

Fordham Law Review Online

No abstract provided.

An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette

Fordham Law Review Online

No abstract provided.

Systemic Inequality | A Call For Desegregation In Education: Examining The Strength In Diversity Act, Kimberly Ayudant

Fordham Law Review Online

In the 1954 Brown v. Board of Education decision, the Supreme Court unanimously ruled that the concept of “separate but equal” education was unconstitutional. Yet now, more than sixty-five years after this decision, school segregation is on the rise in the United States. While school segregation is no longer enforced by the explicit prohibition of Black students and white students attending the same schools, it is instead caused by various pernicious government policies ranging from school district mapping to school funding allocations. Historically, the federal government has remained at the outskirts of education policy as public education is held to …

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr., Manika Kamthan Dr., Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …

When Half The Neighborhood Is Missing: How To Overcome Systemic Poverty And Gentrification Following The Models Of Dudley Street And Mission Waco, Kevin A. Brown, Kevin A. Brown, Kevin A. Brown

Doctor of Ministry Projects and Theses

Abstract

By following the examples of Mission Waco and The Dudley Street Initiative, it is possible to renew a sense of beloved community by changing the narrative of poverty and gentrification by rebuilding the village through empowering the poor and marginalized.

Mission Waco and The Dudley Street Initiative are comprehensive sustainable communities because they combine numerous social and economic interventions under developed strategic plans. The principal question that this dissertation seeks to answer is whether these models can be implemented in local communities to help overcome gentrification and poverty. Implementation can be successful if we can identify the problem, rethink …

A Closer Look At Pa.’S Fraught 2021 Ballot Questions, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Ifis Contribution To Egypt’S Underdevelopment: The Rule Of Law And The Laws Of Poverty, Kareem Younes

Theses and Dissertations

In 2019 CAPMAS released a report estimating the percentage of extreme poverty amongst the Egyptian public at 32.5%; one in every three Egyptian lives on 1.45$ a day. In 2017 a United Nations report highlighted that on average 40,000 Egyptian died because of pollution. Those figures represent the consequences of a cumulative “development” process that encompassed the economic, political and legal fields. In particular, the thesis focuses on the role of the New Commercial Law in disadvantaging vulnerable segments of the population and leading them to prison. I argue that the use of law as a tool of development in …

Tax Reform Throughout U.S. History And The Economic Impact, Jacob Christopher Michel

Honors Thesis

The three largest tax reforms in recent years, The 1986 Tax Reform Act (TRA of 1986), The Bush Tax Cuts Act, and The Tax Cuts and Jobs Act (TCJA), differed in the treatment of taxable income through capital gains tax rate, depreciation treatment, limitation of losses, standard deduction, and the marginal rates in general. These provisions were studied to provide insight into how they affected various stakeholders. The TRA of 1986 and the Bush Tax Cuts Act have data determining whether they benefitted high-income taxpayers to the highest extent. The low-income taxpayers were also given tax breaks, however, not to …

America Won’T Find God. But We Might Find Something Else, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Race And Policing: Some Thoughts And Suggestions For Reform, Solomon Oliver Jr.

Fordham Law Review

No abstract provided.

What Juries Really Think: Practical Guidance For Future Trial Lawyers, Amy J. St. Eve

Fordham Law Review

No abstract provided.

The Rage Of A Privileged Class, Gregory S. Parks, Julia Doyle

Fordham Law Review

No abstract provided.

Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode

Fordham Law Review

No abstract provided.

When Does A Cyber Crime Become An Act Of Cyber Warfare, Luke Dickeson

Theses/Capstones/Creative Projects

Since the existence of the online world, cyber attacks have been a threat. As the online world has developed and evolved so have the attacks on them. The advancement of technology has meant the advancement and increased complexity of cyber attacks.

Cyber attacks can be broken into two categories. The first is cyber crimes, and the second is cyber warfare. The difference between these two is not black and white, but rather a very murky grey. There is no agreed upon definitive line that separates cyber attacks and cyber crimes. This is because the definitions are so eerily similar, and …

Insider Trading As A Precursor To Modern Business Ethics, Robyn Coleman

Finance Undergraduate Honors Theses

There has been a recent change in business that there is more focus on the “stakeholder approach” than shareholder primacy. This can be attributed to the early actions and illegality of insider trading that expected a step beyond a solely economic approach. This attitude was then replicated to become what we see as the modern business approach. Business now includes ethical investing, environmental focus, corporate citizenship, and emphasis on multiple stakeholders that was not always there. Companies have embraced this position while others have been criticized for not doing so. As this approach develops and changes, it will be enlightening …

Feeling And Thinking Like A Lawyer: Cognition, Emotion, And The Practice And Progress Of Law, Susan A. Bandes

Fordham Law Review

No abstract provided.

If Only I Had Known: The Challenges Of Representation, Jenny E. Carroll

Fordham Law Review

No abstract provided.

Guide On Incentives For Responsible Investment In Agriculture And Food Systems, Anna Bulman, Kaitlin Y. Cordes, Ladan Mehranvar, Ella Merrill, Yannick Fiedler

Columbia Center on Sustainable Investment Staff Publications

To support implementation of the Principles for Responsible Investment in Agriculture and Food Systems (CFS RAI), CCSI has developed resources for governments and other stakeholders in partnership with the Food and Agriculture Organisation of the United Nations (FAO).

This work includes an online course on creating an enabling environment for responsible investment in agriculture and food systems. The course is freely available, accessible online and available for download. Part I highlights the features and key players of an enabling environment that promotes responsible investment in agriculture and food security. Part II addresses multi-stakeholder engagement in the design of legal and …

Sanctuary Cities And Counties For The Unborn: The Use Of Resolution And Ordinances To Restrict Abortion Access, Jennifer L. Brinkley

Northern Illinois University Law Review

Santa Rosa County in Florida is the first county in Florida to be designated as a pro-life sanctuary. Florida joins other states--including Illinois, New Mexico, Texas, North Carolina, and Utah--in passing resolutions and ordinances declaring localities as sanctuaries for the unborn. Some localities declare life begins at conception, ban abortion services (including access to emergency contraception), classify abortion as murder with malice aforethought, label pro-choice organizations as criminal enterprises, and create civil causes of action against abortion providers and those who assist women in obtaining an abortion. Most of the localities that have enacted the ordinances and resolutions have small …

From Video Gaming To Underage Gambling: Illinois’S Options In Addressing The New Loot Box Monetization Model, Katlin D. Kiefer

Northern Illinois University Law Review

This Comment proposes that loot boxes should be regulated as gambling within the United States, particularly in Illinois. Part I provides a factual background and history on the practice of loot boxes. Part II sets forth the legal precedent of gambling in the United States overall and then in Illinois specifically. Part III covers the current case law that exists around loot box adjacent mechanics and summarizes the general court perspective on the matter. Part IV proposes that courts interpret the contents of loot boxes to be “things of value” within the meaning of most gambling statutes as a means …