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Articles 3061 - 3090 of 557771
Full-Text Articles in Law
Why U.S. States Need Their Own Cannabis Industry Banks, Christoph Henkel, Randall K. Johnson
Why U.S. States Need Their Own Cannabis Industry Banks, Christoph Henkel, Randall K. Johnson
Faculty Works
The legal cannabis trade is the fastest growing industry in the United States. In 2019, about 48.2 million Americans used the drug at least once. As such, it is easy to see why the legal cannabis trade may generate annual revenues exceeding $30 billion in Fiscal Year 2022 alone.
One inconvenient truth, however, is that the parties to any cannabis trade may face a range of difficulties due to conflicts between federal and state laws. These difficulties include the fact that many financial institutions are reluctant to handle cannabis proceeds. One reason is that a lack of alignment in terms …
Inclusiveness: Advancing Environmental Justice In A Diverse Democracy, Irma S. Russell, Alexandra D. Dunn
Inclusiveness: Advancing Environmental Justice In A Diverse Democracy, Irma S. Russell, Alexandra D. Dunn
Faculty Works
Today, environmental justice (EJ) is more than a significant and meaningful social movement. EJ has now emerged—after at least five decades—as a major initiative for the federal government and for many state governments. Since the beginnings of the EJ movement, its proponents have sought redress for the disproportionate and negative impacts of generations of environmental policy and siting decisions that resulted in adverse effects on the health, environment, economics, and climate of disadvantaged communities. Scientific research and “big data” programs now provide evidence supporting community EJ claims, and laws such as the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction …
Innocent Until Proven Mentally Incompetent., Jade Smith
Innocent Until Proven Mentally Incompetent., Jade Smith
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., Sarah Garcia
The Death Penalty Seals Racial Minorities’ Fate: The Unfortunate Realities Of Being A Racial Minority In America., Sarah Garcia
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
“Better Luck Next Election”: Late-Jailed Voters’ Constitutional Right To Vote After Mays V. Larose., Grace Thomas
“Better Luck Next Election”: Late-Jailed Voters’ Constitutional Right To Vote After Mays V. Larose., Grace Thomas
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Dei Newsletter 2023 Issue 1, University Of Maine School Of Law
Dei Newsletter 2023 Issue 1, University Of Maine School Of Law
DEI Newsletter
In this Issue:
- In the Spotlight, Maine Law’s new first year course entitled Introduction to Race, Racism, & US Law and the Refugee & Human Rights Clinic’s asylum workshops.
- Learn about Maine Law affinity groups and what’s going on around town, and read about recent programming at this year’s new student orientation.
The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications, Shay M. Collins
The Death Knell And The Wild West: Two Dangers Of Domestic Discovery In Foreign Adjudications, Shay M. Collins
Michigan Law Review
Under 28 U.S.C. § 1782(a), parties to foreign legal proceedings can obtain discovery orders from United States federal courts. In other words, if a foreign party needs physical evidence located in—or testimony from a person residing in—the United States to support their claim or defense, they can ask a district court to order the production of that evidence. For almost two decades, § 1782(a) practice has operated as a procedural Wild West. Judges routinely consider § 1782(a) applications ex parte—that is, without giving the parties subject to the resulting discovery orders a chance to oppose them—and grant those applications at …
Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Brannon P. Denning, Glenn H. Reynolds
Retconning Heller: Five Takes On New York State Rifle & Pistol Association, Inc. V. Bruen, Brannon P. Denning, Glenn H. Reynolds
William & Mary Law Review
New York State Rifle & Pistol Association, Inc. v. Bruen was the first significant Second Amendment case that the Supreme Court had heard in nearly fifteen years since its decision in District of Columbia v. Heller. This Article offers some preliminary observations about the opinion itself, as well as its likely effects, some of which are starting to manifest.
Our first take concerns the question of opinion assignment. Why did Chief Justice Roberts—whose support for the Second Amendment has been suspect—assign the opinion to Justice Thomas?
Takes Two and Three concern Justice Thomas’s substitution of text, history, and tradition …
Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz
Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz
Articles
Babe Ruth, Lou Gehrig, Micky Mantle, and Shoeless Joe Jackson—There are many well-known baseball legends, but perhaps less well-known is the story of Kenesaw Mountain Landis, a judge turned baseball commissioner who inspired not only baseball fans, but also the American Bar Association’s first Judicial Canon of Ethics. The parallel stories of baseball’s greatest scandal, the judge appointed to be the first baseball commissioner, and the development of the judicial canons, provide context for the current controversial judicial prohibition--the appearance of impropriety.
Challenges And Rewards Of Educating First Generation Law Students, Lori D. Johnson
Challenges And Rewards Of Educating First Generation Law Students, Lori D. Johnson
Scholarly Works
No abstract provided.
Generative Ai And The Future Of Legal Education, Joseph Regalia
Generative Ai And The Future Of Legal Education, Joseph Regalia
Scholarly Works
No abstract provided.
Racial Time, Yuvraj Joshi
Racial Time, Yuvraj Joshi
University of Chicago Law Review
Racial time describes how inequality shapes people’s experiences and perceptions of time. This Article reviews the multidisciplinary literature on racial time and then demonstrates how Black activists have made claims about time that challenge prevailing norms. While white majorities often view racial justice measures as both too late and too soon, too fast and too long-lasting, Black activists remind us that justice measures are never “well timed” within hegemonic understandings of time. This Article ultimately argues that U.S. law embodies dominant interests in time. By inscribing dominant experiences and expectations of time into law, the Supreme Court enforces unrealistic timelines …
Politics By Other Means: The Jurisprudence Of “Common Good Constitutionalism”, Brian Leiter
Politics By Other Means: The Jurisprudence Of “Common Good Constitutionalism”, Brian Leiter
University of Chicago Law Review
Professor Adrian Vermeule proposes an alternative to what he sees as the two dominant schools of constitutional interpretation in the United States: originalism and what he usually calls “progressivism”1 (by which he means what others call “living constitutionalism”2 ). Against these approaches, he advocates for what Freudians might call a “return of the repressed”3: a recognition of the extent to which the “classical” natural law tradition’s concern with the “common good” has continued to animate our public law—explicitly for much of our history, he says, and implicitly more recently.
On Vermeule’s proposed alternative, courts (and other …
Vagueness And Federal-State Relations, Joel S. Johnson
Vagueness And Federal-State Relations, Joel S. Johnson
University of Chicago Law Review
This Article aims to clarify the content of the void-for-vagueness doctrine and defend its historical pedigree by drawing attention to a fundamental aspect of the Supreme Court’s vagueness decisions—that vagueness analysis significantly depends on whether the law at issue is a federal or state law. That simple distinction has considerable explanatory power. It reveals that the doctrine emerged in the late nineteenth century in response to two simultaneous changes in the legal landscape— first, the availability of Supreme Court due process review of state penal statutes under the Fourteenth Amendment, and second, a significant shift in how state courts construed …
Droughts Of Compassion: The Enduring Problem With Compassionate Release And How The Sentencing Commission Can Address It, Nathaniel Berry
Droughts Of Compassion: The Enduring Problem With Compassionate Release And How The Sentencing Commission Can Address It, Nathaniel Berry
University of Chicago Law Review
Compassionate release, guided by 18 U.S.C. § 3582(c)(1)(A), allows a district court to reduce a previously imposed criminal sentence if “extraordinary and compelling reasons” warrant a reduction. Congress delegated the task of describing what constitutes an extraordinary and compelling reason to the U.S. Sentencing Commission. Following the passage of the First Step Act of 2018, most circuit courts held the Commission’s policy statement describing extraordinary and compelling reasons inapplicable, and that until the Commission updated its policy statement, courts enjoyed the discretion to determine what circumstances justify compassionate release.
e. Many have celebrated this newfound discretion and its potential to …
Name Takings, Gregory S. Alexander
Name Takings, Gregory S. Alexander
Northwestern Journal of Law & Social Policy
Personal names are an integral part of our identity. Names belong to us; they are ours. Names are a form of personal property and should be treated as such. Nevertheless, the state, both historically and still today, has perpetrated various forms of abuse of personal names, ranging from outright takings of personal names to official denials of preferred names. This Article surveys the variety of ways in which the state has committed these name-takings, as I call them. It includes historical examples of name denials such as African slaves and Canadian Indigenous school children. It then considers various forms of …
Belonging Matters: One School’S Strategy For Fostering Community And Confidence Among Students From Historically Excluded Groups, Alexi Freeman, Caley Carlson
Belonging Matters: One School’S Strategy For Fostering Community And Confidence Among Students From Historically Excluded Groups, Alexi Freeman, Caley Carlson
Northwestern Journal of Law & Social Policy
For generations, law students from historically excluded and underrepresented groups—including but not limited to students of color, students with disabilities, gender diverse and gender non-conforming students, and students who identify as LGBTQIA+—have been expected to navigate their legal educations “successfully” despite the many challenges they encounter. This article describes Denver Law Ascent, a program at the University of Denver Sturm College of Law that is designed to provide critical supports to such students and cultivate a sense of belonging early on as well as throughout students’ educational journeys. Drawing from evidence-based research and best practices, Denver Law Ascent is one …
Third Coast Housing Solutions: The Case For Bringing Yimby Legal Activist Strategies To Chicago, Abigail Kuchnir
Third Coast Housing Solutions: The Case For Bringing Yimby Legal Activist Strategies To Chicago, Abigail Kuchnir
Northwestern Journal of Law & Social Policy
An insufficient supply of suitable housing stock is the root cause of issues like homelessness, overcrowding, and a cost burden on renters throughout the United States. A loose collective of activists and stakeholders comprise the YIMBY movement, an acronym for Yes In My Backyard. YIMBY advocates advance the perspective that additional housing stock is a necessary stratagem to improve housing availability and affordability, and they have used litigation as a tool towards developing new and diverse housing. This Comment examines the strategies currently used by legal activists in California, where impact litigation on this issue has been most prevalent. It …
The Doj Olc Transparency Act: Is Transparency Enough To Combat Problematic Norms In The Office Of Legal Counsel?, Sarah Patrick
The Doj Olc Transparency Act: Is Transparency Enough To Combat Problematic Norms In The Office Of Legal Counsel?, Sarah Patrick
Northwestern Journal of Law & Social Policy
Over the last two decades, the Office of Legal Counsel has come under scrutiny for controversial opinions that have advised the President on the constitutionality of his actions, from interrogation and detention of military detainees to presidential immunity from congressional investigation and subpoenas to testify. Its opinions tend to conform with the unitary executive theory and defer to the executive’s position—and that’s only the opinions the public knows about. The Office of Legal Counsel is not required to disclose its opinions, and often does not, citing concerns about national security and the need for confidentiality.
A recent legislative effort, the …
Comments On The September 6, 2023 Draft Of A Wipo Broadcasting Treaty, The Definitions, Scope Of Application, National Treatment And Formalities, James P. Love
Joint PIJIP/TLS Research Paper Series
The World Intellectual Property Organization (WIPO) is evaluating a proposal for a new treaty that provides rights to broadcasting organizations. The negotiations began in 1997 and are currently taking place in the Standing Committee on Copyright and Related Rights (SCCR). On September 6, 2023, the WIPO Secretariat published a revised draft text prepared by the SCCR Chair, SCCR Vice-Chairs and facilitators. This article looks at certain elements of the draft concerning the definitions, scope of application, national treatment and formalities. Objections to the text focus on several draft definitions and the scope of application on the grounds that (1) very …
Simplifying The Wipo Broadcasting Treaty: Proposed Amendments To The Third Revised Draft, Bernt Hugenholtz
Simplifying The Wipo Broadcasting Treaty: Proposed Amendments To The Third Revised Draft, Bernt Hugenholtz
Joint PIJIP/TLS Research Paper Series
In preparation of the 44th meeting of the SCCR a Third Revised Draft Text for the WIPO Broadcasting Organizations Treaty was prepared by the SCCR Acting Chair. The current (third) draft contains mostly minor modifications as compared to the previous draft. The previous (second) revised draft was critically examined by the author of this document. The present document builds on the Comments by proposing amendments that transform the main points of criticism and suggestions for improvement into possible treaty language. Whereas – following the 2007 General Assembly decision – there is consensus within the SCCR that the Broadcasting Treaty …
Mda Advocacy Report: 2023 To Date, And What’S Next, Jason Mashni Dds
Mda Advocacy Report: 2023 To Date, And What’S Next, Jason Mashni Dds
The Journal of the Michigan Dental Association
This article is a recap of MDA legislative advocacy accomplishments and what is on the horizon for the remainder of 2023, written by the chair of the MDA Committee on Governmental and Insurance Affairs.
Management Of A Failing Implant Using Guided Bone Regeneration And Esthetic Crown Lengthening In The Esthetic Zone; A Case Report, Bassam M. Kinaia Dds, Ms, Dicoi, Mirranda Kinaia Bs, Roksolana Gala Dds, Ms, Ashleigh Turows Dds, Ms, Anthony L. Neely Dds, Mdentsc, Phd
Management Of A Failing Implant Using Guided Bone Regeneration And Esthetic Crown Lengthening In The Esthetic Zone; A Case Report, Bassam M. Kinaia Dds, Ms, Dicoi, Mirranda Kinaia Bs, Roksolana Gala Dds, Ms, Ashleigh Turows Dds, Ms, Anthony L. Neely Dds, Mdentsc, Phd
The Journal of the Michigan Dental Association
A 34-year-old female presented with a failing implant in the esthetic zone. The implant was removed, and the site was reconstructed with guided bone regeneration and a pedicle connective tissue graft. Esthetic crown lengthening was performed on the adjacent teeth to create a harmonious gingival symmetry. Full ceramic crowns were placed on all teeth, including an implant-supported fixed partial denture. Follow-ups at 3, 6, and 12 months showed proper healing with healthy soft tissues and correct bilateral gingival symmetry. The pink and white esthetic scores improved from 8.7 pre-operatively to 19.2 post-final restorations. The patient was pleased with the esthetic …
Autocratic Vs. Democratic Leadership Styles, Michelle Dziurgot Dds
Autocratic Vs. Democratic Leadership Styles, Michelle Dziurgot Dds
The Journal of the Michigan Dental Association
This reviews characteristics of autocratic and democratic leadership styles. This article is an installment of the MDA Journal’s monthly Editorial department.
Dentistry And The Law: Is This Patient Abandonment? Two Scenarios, Dan Schulte Jd
Dentistry And The Law: Is This Patient Abandonment? Two Scenarios, Dan Schulte Jd
The Journal of the Michigan Dental Association
This article discusses two scenarios involving potential patient abandonment. This article is an installment of the MDA Journal’s monthly Dentistry and the Law department.
J Mich Dent Assoc October 2023
J Mich Dent Assoc October 2023
The Journal of the Michigan Dental Association
The October 2023 issue of the Journal of the Michigan Dental Association provides: A message from the chair of the Michigan Dental Association political action committee with a listing of donors and a report on MDA advocacy during 2023, which are this month’s cover stories. Also included is a Q&A feature on dealing with dental benefits companies. This month’s clinical article is a discussion of the management of a failing implant using guided bone regeneration and esthetic crown lengthening. Other features include a listing of 2023 MDA life members and a President’s Message on the dental workforce crisis in Michigan. …
Boyd Law School: Transforming Nevada’S Legal Community For 25 Years, Leah Chan Grinvald
Boyd Law School: Transforming Nevada’S Legal Community For 25 Years, Leah Chan Grinvald
Scholarly Works
No abstract provided.
The Right To Access Information On Land Recovery, Compensation, Assistance, And Resettlement: Case Study, City Of Can Tho, Vietnam, Hien Trung Phan, Hugh D. Spitzer
The Right To Access Information On Land Recovery, Compensation, Assistance, And Resettlement: Case Study, City Of Can Tho, Vietnam, Hien Trung Phan, Hugh D. Spitzer
Articles
Land recovery in Vietnam is the process of compulsory transfer of land use rights from the hands of land users to the hands of the State by way of local government agencies. Land recovery frequently raises issues of compensation, assistance, and resettlement. It is vital for affected land users and the general public to have access to reports on land recovery, compensation, and resettlement. The article describes a limited survey of Vietnamese people whose land was subject to government recovery and evaluates their access to and understanding of information at each stage of the land recovery process. The study revealed …
Taking The Long Road: The Excessive Fines Clause As A Tool For Protecting Washington's Unsheltered Population, Anna Ferron
Taking The Long Road: The Excessive Fines Clause As A Tool For Protecting Washington's Unsheltered Population, Anna Ferron
Washington Law Review
Over the last decade, Washington State has seen a substantial increase in its unhoused population and an increase in laws that harm this group. Many of these laws subject unhoused and unsheltered people to fines, fees, and forfeitures that are exceedingly difficult for them to afford. The ExcessiveFinesClauses in the United States and Washington Constitutions protect citizens from fines deemed constitutionally excessive and could be used to shield unsheltered people from the burden of paying unjust fines they cannot afford. In City of Seattle v. Long, the Washington State Supreme Court analyzed the ability to pay of a person who …
Flexibility And Conversions In New York City's Housing Stock: Building For An Era Of Rapid Change, Ingrid Gould Ellen, Noah Kazis
Flexibility And Conversions In New York City's Housing Stock: Building For An Era Of Rapid Change, Ingrid Gould Ellen, Noah Kazis
Law & Economics Working Papers
Post-COVID, New York City faces reduced demand for commercial space in its central business districts, even as residential demand is resurgent. Just as in past eras of New York’s history, conversion of commercial spaces into housing may help the city adapt to these new market conditions and provide an additional pathway for producing badly needed housing. If 10 percent of office and hotel spaces were converted to residential use, around 75,000 homes would be created, concentrated in Midtown Manhattan. However, there are considerable obstacles to such conversions, including a slew of regulatory barriers. Allowing greater flexibility in building uses—including by …