Law Commons^™

Disentangling Race And Politics: Racial Gerrymandering In South Carolina's First Congressional District, Matthew Poliakoff

Duke Journal of Constitutional Law & Public Policy Sidebar

After the 2020 Census, South Carolina's Republican-controlled legislature redrew the boundaries for Congressional District 1, historically anchored in Charleston County. After thirty-thousand African American voters were moved out of District 1 and into District 6, the South Carolina State Conference of the NAACP challenged the new map as an unconstitutional racial gerrymander. A three-judge district court panel agreed, finding that race predominated above other factors in the map redraw. On appeal, the question remains not only whether the state legislature used race above other factors in its map design, but also how plaintiffs are expected to prove these claims in …

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Adult Rights-Bearing Archetype And How It Stifles Young People's Equal Protection, Catherine E. Smith

Duke Journal of Constitutional Law & Public Policy

American constitutional law is defined by a rights-bearing archetype that prioritizes adults—and the Equal Protection Clause is no exception. The Supreme Court has recognized children as constitutional persons and proclaimed that "neither the Fourteenth Amendment nor the Bill of Rights is for adults alone," but courts mostly see autonomous, rational, individualistic, income-generating grown people as rights-bearers. For the first time, this article reveals six adult-rights-bearing analytical traps that limit children's equal protection, and proposes jettisoning the rigid Carolene Products test in favor of a nascent youth-based framework. Instead of shoehorning children's rights into a web of laws and principles designed …

5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: Rooted In Commitment: Geovanny Amaya L'24, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

S24rs Sgb No. 8 (Icc Lounge Renovations), Andre Korea

Student Senate Enrolled Legislation

No abstract provided.

Hate Speech And Online Antisemitism, Louis D. Brandeis Center For Human Rights Under Law, The Brandeis Center’S Cardozo Law Student Chapter

2023–2024 Flyers

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Eddie Michael Clegg, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Carbon County, Honorable Joseph Bean, District Court No. 211903061

Christopher F. Allred, Steven Austin Lee, Counsel for Appellee

Emily Adams, Freyja Johnson, Hannah Leavitt-Howell, Counsel for Appellant

Horizontal Federalism & The Big State "Problem", Elizabeth Beske

Scholarly Articles in Law Reviews & Journals

California regulates pork; does it offend the Constitution that pork producers in other states must comply with its regulations if they want to sell Californians pork? In National Pork Producers Council v. Ross, the Supreme Court emerged sharply divided in its approach to the practical extraterritorial spillover effect of the in-state regulations of a tantalizing market. Although a fractured majority of the Court upheld California’s Proposition 12 against a dormant Commerce Clause challenge, at least five Justices registered profound discomfort, with one dissenter expressly inviting consideration of the problem through the lens of other clauses. This Article analyzes “the …

Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson

Honors Thesis

Wetlands are some of the world’s most valuable ecosystems, serving as provisioners of species habitat, carbon sequestration, flood mitigation, water quality purification, and other ecosystem services. Human development has resulted in substantial wetland loss the world over. In the 1970s, the United States Congress passed the Clean Water Act, giving the EPA broad authority over wetland protection. However, in the summer of 2023, the United States Supreme Court decided Sackett v. EPA, limiting the EPA’s jurisdiction over wetlands to those indistinguishably connected to generally recognized “Waters of the United States” and removing federal protection for millions of acres of wetlands, …

Cardozo Welcomes 53 Top Firms For Employer Forum, Cardozo Office Of Career Services

Cardozo News 2024

The Cardozo School of Law lobby was abuzz on Wednesday night as the Office of Career Services welcomed some of the most prestigious law firms to the school for its annual employer forum.

The Challenges And Opportunities Of Beneficially Reusing Produced Water, Amy Hardberger

Duke Environmental Law & Policy Forum

No abstract provided.

1l Q&A Lunch, Cardozo Business Law Society

2023–2024 Flyers

No abstract provided.

U.S. Government Agency Podcasts, Bert Chapman

Libraries Faculty and Staff Presentations

Presents podcasts from U.S. Government agencies which can be discovered through the U.S. Government Publishing Office's Catalog of Government Publications. Agencies whose podcasts are presented include the National Institutes of Health, U.S. Peace Corps, U.S. Department of Agriculture, Government Accountability Office (GAO), National Park Service, Department of Justice, Federal Reserve System, and U.S. Naval War College.

Cardozo International And Comparative Law Review Presents: Disability Justice Under International Human Rights Law, Cardozo International And Comparative Law Review, Benjamin N. Cardozo School Of Law

2023–2024 Flyers

No abstract provided.

Logan Secure Storage, Llc, Appellant V. Logan City Land Use Appeal Board, Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Order Granting Appellee’s Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to Exhaust Administrative Remedies in Case No. 230100306, of First Judicial District Court of Cache County, The Honorable Brian Cannell, District Judge

Robert C. Keller (#4861) Nathanael J. Mitchell (#14727) Snow Christensen & Martineau Attorney for Appellees

Walter T. Keane (#10333) Keane Law, PLLC Attorney for Appellant

Finding A Core Of Sustainability In Directors' And Officers' Fiduciary Duties, Mark Ortega

Duke Environmental Law & Policy Forum

Directors and officers have a fiduciary duty to act in the best interests of a corporation and its shareholders. Yet corporations may be employing unsustainable, short-term business models that fail to properly account for financial and systemic risks that could harm the corporation in the long term. This paper asks whether there is, embedded within directors' fiduciary duties, a greater duty to consider "sustainability" (as this paper defines it). Specifically, this duty would require directors and officers to return corporations to the established shareholder wealth maximization ("SWM") norm of creating long-term shareholder value under Delaware law.

This paper …

"The Government Doesn't Take The Gay Community Seriously": The Failure Of Fema To Account For Lgbtq+ Individuals In Disaster Mitigation And Recovery, Alyssa Curcio

Duke Environmental Law & Policy Forum

No abstract provided.

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.

Meat Consumption Meets Risk Regulation In The United States, Andrew Kelbley

Duke Environmental Law & Policy Forum

No abstract provided.

How Artificial Intelligence Can Be Properly Used By In-House Counsel, Michael Pastor

Other Publications

With all of AI's potential benefits, and there will likely be more down the line unknown to us, it’s imperative to understand the risks inherent in using these tools.

Alan Dershowitz: The War Against The Jews In Israel And In The Diaspora, Cardozo Federalist Society

2023–2024 Flyers

No abstract provided.

The State Of 2nd Amendment Litigation: A Conversation With Everytown Law On U.S. V. Rahimi, Cardozo Public Interest Law Student Association, Cardozo American Constitution Society (Acs)

2023–2024 Flyers

No abstract provided.

State Of Utah, Plaintiff And Appellee V. Enrique Rey Rodriguez, Defendant And Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from Sentence, Judgment, Commitment, entered November 3, 2021, of the Second Judicial District Court in and for Davis County, the Honorable David Connors, presiding

SEAN D. REYES, Counsel for Plaintiff / Appellee

SCOTT L WIGGINS, Counsel for Defendant / Appellant

A Review Of Existing Literature Surrounding Female Educator Sexual Misconduct In Anglo-American Classrooms, Avery Barnes, Isaac Calvert

BYU Education & Law Journal

A 2004 literature review commissioned by the U.S. Department of Education estimated that one in every ten students would experience sexual harassment or abuse at the hands of an educator during their time in public schools. Even more alarming, multiple studies within Shakeshaft’s 2004 review suggested that this issue goes well beyond the reported data. At that time, leading social science research estimated that only 6% of children who were victims of educator sexual misconduct reported it. With significant developments in digital communications technologies since that 2004 study, researchers in the U.S. Department of Education have estimated that the number …

Evaluating The Administrative Detention Policy Between International Standards And Situation In The Occupied Palestinian Territory: The Role Of The Israeli Supreme Court In Consolidating Administrative Detention Against Palestinians, Ahmed Tareq Beshtawi, Nourhan Barahmi, Muath Madmouj

An-Najah University Journal for Research - B (Humanities)

The series of Israeli violations of human rights began with the start of Israel's occupation of Palestinian territories and continues until now. The occupying authorities have committed numerous violations and racist policies against the Palestinian people, which constitute a clear and explicit violation of international law. One of the most significant policies is the policy of administrative detention, systematically and continuously practiced by the occupying authorities against the Palestinian people. As every individual has the right to freedom and protection against arbitrary arrest, the policy of administrative detention deviates from the general norm. Therefore, it has been subjected to various …

Legal Constraints To Protect Working Women: A Comparative Study Under International Labor Standards And The Palestinian Labor Law, Naeem Jamil Salameh, Rana Najeh Dawas, Zainab Ghassan Qarawi

An-Najah University Journal for Research - B (Humanities)

The presence of women as workers in workplaces has become an important and essential requirement for increasing the development of countries and a feature that characterizes modern societies. However, the diminishing of her rights and the discrimination directed against her sometimes prompted the local and international community to impose legal texts in the field of work aimed at equality between the sexes, and to provide special protection for women in terms of times and quality of work, taking into account women’s privacy, by prohibiting their employment in some jobs and granting them special leaves and preventing their dismissal during pregnancy …

Welcoming The Stranger: Abrahamic Hospitality And Its Contemporary Implications, Ori Z. Soltes, Rachel Stern, Endy Moraes

Religion

Embracing hospitality and inclusion in Abrahamic traditions

One of the signal moments in the narrative of the biblical Abraham is his insistent and enthusiastic reception of three strangers, a starting point of inspiration for all three Abrahamic traditions as they evolve and develop the details of their respective teachings. On the one hand, welcoming the stranger by remembering “that you were strangers in the land of Egypt” is enjoined upon the ancient Israelites, and on the other, oppressing the stranger is condemned by their prophets throughout the Hebrew Bible.

These sentiments are repeated in the New Testament and the Qur’an …

Cloudy Evidentiary Standards: Making Sense Of The Fda’S “Appropriate For The Protection Of The Public Health Standard”, Andrew Towriss

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Justice Delayed: New Jersey’S Battle With Environmental Justice And A Call For The Feds To Follow Suit, Peter Kizima Iv

Seton Hall Journal of Legislation and Public Policy

No abstract provided.