Law Commons^™

Kendra’S Law: The Troubling Reality Of Involuntary Assisted Outpatient Psychiatric Treatment In New York, Matt Donelian

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Mental health disorders are among the most formidable public health issues facing our world today. In New York, roughly one in ten individuals battles mental health issues severe enough to impede their functionality in critical domains of life such as work, education, and family. The journey to accessing essential mental health care is fraught with obstacles, including symptom-induced recognition barriers, societal stigmatization, and economic constraints—leading to a care paradigm that is both costly and exclusionary. Alarmingly, even the availability of care does not guarantee engagement as many individuals in need refuse to seek treatment.

This post was originally published on …

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Revisiting Compassionate Release: The Sentencing Commission’S Compassionate Changes To The 2023 Compassionate Release Policy Statement, Rachel Wilson

Cleveland State Law Review

Compassionate release is a well-established exception to the Sentencing Reform Act’s requirement that a defendant’s sentence not be reduced after its final imposition. The Act requires the Sentencing Commission, through policy statement, to describe “extraordinary and compelling reasons” warranting compassionate release. However, the Sentencing Commission’s failure to convene as a quorum for nearly four years precluded any policy statement updates. In that time, the COVID-19 pandemic and the Bureau of Prisons’ internal issues further complicated the compassionate release process. This Note analyzes the 2023 amendment to the compassionate release policy statement, its potential implications, and suggests additional steps to be …

The Insidious War Powers Status Quo, Rebecca Ingber

Articles

This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend unilateral presidential authority, and its dispersal of the power to use force to the outer limbs of the bureaucracy.

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Assessing The Future Of “Offended Observer” Standing In Establishment Clause Cases, Larry J. Obhof

Cleveland State Law Review

This Article looks at the anomaly of “offended observer” standing in Establishment Clause challenges. It calls for greater consistency in the courts’ application of constitutional standing requirements.

Under Article III, Plaintiffs seeking to raise claims in federal court must allege a concrete and particularized injury in fact in order to support federal jurisdiction. Likewise, plaintiffs seeking to challenge a government policy must allege a unique injury that is separate from the interests of the public at large. The notable exception is where plaintiffs claim personal offense at alleged government entanglement in religion. These “offended observers” are frequently given access to …

“I Wish I Knew How It Would Feel To Be Free”: A Lamentation On Dobbs V. Jackson’S Pernicious Impact On The Lives And Liberty Of Women, April L. Cherry

Cleveland State Law Review

On June 24, 2022, the Supreme Court overturned nearly fifty years of precedent when it declared in Dobbs v. Jackson Women’s Health Organization that abortion was not a fundamental right, and therefore it was not protected by the Fourteenth Amendment and substantive due process. In law school corridors and legal scholar circles, discussion of the Court’s evisceration of abortion rights focused on the corresponding changes in Fourteenth Amendment jurisprudence and the Court’s outright dismissal of stare decisis. But in homes, hospitals, community centers, and workplaces, different conversations were happening. Conversations, mostly had by women, concerned the real-life consequences of overturning …

Free Exercise, The Respect For Marriage Act, And Some Potential Surprises, Mark Strasser

Cleveland State Law Review

Congress recently passed the Respect for Marriage Act to assure that certain marriages would remain valid even if the Supreme Court were to overrule past precedent and hold that the Constitution does not protect the right to marry a partner of the same sex or of a different race. However, the Act, as written, may not offer protection for certain same-sex or interracial marriages and may open the door to the federal protection of plural marriages, congressional intent notwithstanding, because of the Court’s increasingly robust free exercise jurisprudence.

Filling The Potholes Of Pretextual Traffic Stops: A Better Road Forward For Ohio, Jordan Weeks

Cleveland State Law Review

The Fourth Amendment was one of the driving forces behind the United States Revolution. This Amendment generally protects individuals against “unreasonable” searches and seizures. But what does “reasonable” mean in the context of a traffic stop?

In 1996, the U.S. Supreme Court in Whren v. United States tried answering this question. In so doing, the Court determined that pretextual traffic stops are “reasonable.” Pretextual traffic stops occur where an officer stops a vehicle and cites a lawful reason for the stop, yet the underlying reason is unlawful. The Whren Court determined that an officer’s intent is completely irrelevant to whether …

Protecting Our Pups At All Costs: Why Dogfighting Cases Require A Mandatory Restitution Assessment, Ayah Ighneim

Cleveland State Law Review

This Note recommends that Congress acknowledge the dangers behind dogfighting by updating the federal mandatory restitution statute to include “animals” within the definition of a “victim” eligible to receive restitution and by updating federal animal-cruelty laws. This recommendation stems from the popularization of dogfighting in the twenty-first century. Specifically, this Note articulates the link between the prevalence of dogfighting in America and the lack of deterrence targeted toward dogfighting in America. This Note then argues that this lack of deterrence is a result of the lack of Congressional guidance within both the federal restitution statute and within federal animal-cruelty laws. …

Lisa Miner, Petitioner/ Appellee V. John Miner, Respondent/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Fifth Judicial District Court, Washington County, Honorable Jeffrey C. Wilcox, District Court No. 174500373

Rodney R. Parker, Attorney for Appellant

N. Adam Caldwell, G. Michael Westfall, Attorneys for Appellee

Missing Pieces: Gaps In The Record Of Early American Decisional Law, Andrew Willinger

Duke Law Journal Online

In its most recent major Second Amendment decision, New York State Rifle & Pistol Association v. Bruen, the Supreme Court suggested that historical laws “rarely subject to judicial scrutiny” are not especially illuminating because “we do not know the basis of their perceived legality.” Legal scholars have defended Bruen’s approach to historical evidence in part by arguing that the decision requires merely an artificially-limited historical inquiry into internal legal sources to discern overarching principles accepted across the country in the Founding Era. But modern-day lawyers and judges actually know far less than they might believe about whether certain laws were …

Amicus Curiae Brief Of The Notre Dame Law School Religious Liberty Clinic In Support Of Plaintiffs-Appellants, John A. Meiser, Meredith Holland Kessler

Court Briefs

Nos. 23-3453 and 23-3633
Spirit of Aloha Temple v. County of Maui

Appeal from the United States District Court for the District of Hawaii Honorable Susan Oki Mollway (No. 1:14-cv-00535-SOM-WRP)

From the Summary of the Argument

To determine whether a land-use regulation unlawfully imposes a substantial burden on a plaintiff’s religious exercise, courts conduct a holistic and nuanced inquiry. At bottom, that analysis asks whether and to what extent the government has impaired the plaintiff’s ability to fulfill a religious need. The answer to this question must take into account a range of considerations concerning the plaintiff’s religious beliefs and …

The Play’S The Thing: A Response To Judge Benjamin Beaton, Aaron J. Walayat

Pepperdine Law Review

In a recent speech, later published as an essay, the Hon. Benjamin Beaton of the United States District Court for the Western District of Kentucky shared his critical suggestions against the use of the honorific “Your Honor,” preferring instead the more neutral title “judge.” Judge Beaton’s reason for this preference stems from a fear that the current practice of judicial titles emphasizes status over function, which may inflate the individual judge’s ego while miscommunicating to the public that judges make, rather than find, law. This position, however, is misguided. Judicial titles emphasize the authority of the law through the authority …

South Asia/Oceania & India, Kavita Mohan, Aseem Chawla, Kriti Jaiswal, Tushar Rustgi, Jonathan Blank, Namrata Patodia Rastogi, Arshad Paku Khan, Ebaad Nawaz Khan, Arunabh Choudhary, Aditi Joshi, Rishabh Rela, Amit Gupta, Katherine Maddox Davis

The Year in Review

No abstract provided.

Middle East, Kelly Blount, Howard L. Stovall, Mamoun Aidoud, Tania Tossa, Hassan Radhi, Noor Radhi, Nicolas Bremer, Joseph Busa Arop, Seyed Mohsen Rowhani, Jeremy Benjamin, Elad Sharabi, Sam Habbas, Ibrahim Sattout, Fouad Debs, Michela Cocchi, Ravinder Singh, Mansoor Malik, Khalid Rehman, Frank Lucente, Yessine Ferah, Anne Bodley

The Year in Review

No abstract provided.

Mexico, Oliver Fernando Buenrostro Figueroa, Bárbara Ávalos García, Matías Medina Sánchez, Susan Burns, Eduardo Sánchez Madrigal, Luis Armendariz, Alan Zamarripa, Ana Sofía Villa Hernández, Enrique García

The Year in Review

No abstract provided.

European Law, James Henry Bergeron, Serj Kiyasov, Matthew Soper, Konstantinos Tsimaras, Harry Stamelos, Valeria Camboni Miller, Willem Den Hertog

The Year in Review

No abstract provided.

Eurasia/Russia, Kimberly Reed, Elena Novikova, Ksenia Tarkhova, Anastasia Sidorenko, Diana Tsutieva, Timur Bondaryev, Oksana Karel, Daryna Hrebeniuk

The Year in Review

No abstract provided.

Central/East Asia And China, Jingbing Li, Yanling Zheng, Wesley Pang

The Year in Review

No abstract provided.

Canada, Jesse Goldman, Julia Webster, Jacob Mantle

The Year in Review

No abstract provided.

Africa, Stella Amanuel Araya, Joseph Arop, Victor Nsoh Azure, Reshma Baig, Twasiima Bigirwa, Anne Bodley, Nicolas Bremer, Michela Cocchi, D. Porpoise Evans, Sara Frazão, Angela Gallerizzo, Laverne Lewis Gaskins, Chileke Sakala, John Mukum Mbaku, Jenny Spencer Medina, Alexandra Meise, Luís Miranda, Beverly Mumbo, Connie Nawaigo, Ricardo Alves Silva, Tania Tossa, Marc Weitz

The Year in Review

No abstract provided.

National Security Law, Geoffrey M. Goodale, Jonathan Meyer, Mario Mancuso, Lucille Hague, Matthew O'Hare, Faith Dibble, Bonnie H. Weinstein, Sergio L. Suarez, Christopher A. Vallandingham, Guy C. Quinlin

The Year in Review

No abstract provided.

Life Sciences & Health Law, Carly M. Toepke, Gerald P. Schneeweis, Andrew J. Bayne

The Year in Review

No abstract provided.

International Human Rights, Shekinah Apedo, Daniel L. Appelman, Jaclyn Fortini Laing, Corinne Lewis, Tschika Mcbean, Constance Z. Wagner

The Year in Review

No abstract provided.

International Art And Cultural Heritage, Nicole Y. Silver, Wendy J. Dickieson, Tess Davis, Patty Gerstenblith, Kevin P. Ray

The Year in Review

No abstract provided.

International Animal Law, Frances Arricale, Daina Bray, Paula Cardoso, Matthew Collis, Giuliana D'Esopo, Erica Lyman, Jill Mariani, Omar Andrew Nimri, Megan O'Toole, Rajesh K. Reddy, Joan Schaffner, Fawn Schanz, Susan Schwartz, Malcolm Seheult

The Year in Review

No abstract provided.

Anti-Corruption, Ann Sultan, Nicole Gokcebay, Uche Ewelukwa Ofodile, Frank Fariello, Dmitri Lohvinski

The Year in Review

No abstract provided.

International Tax, Sunita Doobay, Pamela A. Fuller, Henrique Lopes, Alexis Maguina, Robert J. Misey Jr., Luís Flávio Neto, Ricardo Rendón Pimentel, Eva Stadler

The Year in Review

No abstract provided.