Law Commons^™

Establishing An End To Lemon In The Eleventh Circuit, Amanda Harmon Cooley

University of Miami Law Review

Over half a century ago, the Supreme Court decided Lemon v. Kurtzman, the most controversial Establishment Clause case in judicial history. And despite the Lemon test’s constant criticism, the Court has never expressly overruled the decision in its entirety. This continues to be the case even after Kennedy v. Bremerton School District, in which the Court noted Lemon’s abandonment rather than its complete abrogation. As a result, lower federal district courts have been left in limbo regarding whether Lemon is fair game for any of their Establishment Clause determinations and have been inconsistent in using it as …

The Supreme Court Is Poised To Reverse Affirmative Action: Here’S What You Need To Know., Richard O. Lempert

Other Publications

Sometime in the next six weeks the Supreme Court will likely reveal its decisions in Students for Fair Admissions, Inc. (SFAI) v. President and Fellows of Harvard and SFAI v. University of North Carolina. Court watchers are almost unanimous that the Supreme Court majority will:

• read the 14 amendment as barring the use of racial preferences by public colleges and universities and
• interpret Section VI of the 1964 Civil Rights Act as similarly restricting race conscious admissions at any school receiving federal funds.

To achieve these outcomes a conservative majority will have to reject 40 years of a twice reaffirmed …

The Impact Of Community On The Offender's Reentry Process Using Data From The Serious And Violent Offender Reentry Initiative (Svori) On Adult Males And Females, Meta Jean Schlimpert

Student Theses and Dissertations

The objective of this study is to examine how offenders are impacted by their social environment upon being released from prison. Using data from the Serious and Violent Offender Reentry Initiative (SVORI), the current study aims to examine the potential role of community support along with factors including employment, housing, peer relationships, and family support. By doing so, this study aims to identify difficulties in the reentry process and offer suggestions for improvements in this process. The results of the study are discussed, along with recommendations for future studies and policy implications.

State Of Utah, Plaintiff / Appellee, V. Richard Scott Mitton, Defendant / Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the 1st District Court, Honorable Judge Spencer Walsh

Attorneys for Appellant and Defendant, Wayne K. Caldwell,

Attorneys for Appellee and Plaintiff, Andrew F. Peterson

Court Cases Turned Trojan Horse: Examining The Future Of The Endangered Species Act And Environmental Protection After Friends Of Animals V. Haaland, Brianna Manobianco

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco

Villanova Environmental Law Journal (1991 - )

No abstract provided.

On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Ndls Communicator: Week Of 06.05.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Lloyd Mayer discussed the federal tax rules for churches and politics in a Daily Beast article.
• Francisco Urbina presented a paper, "The Force of Separation of Powers," at the Public Law Discussion Group at the University of Oxford last week.
• Diane Desierto spoke last week at the U.S. Naval War College conference, “International Law and Conflict at Sea.” She discussed China’s exclusionary assertions of marine environmental protection jurisdiction in the South China Sea.
• Rick Garnett and Sherif Girgis participated in a interdisciplinary workshop on law, religion, and equality last week at the University of Oxford.
• The Religious …

Quantifying Implicit Bias In Judicial Legal Opinions: A Natural Language Processing Approach, Philip N. Surendran

Quantitative Social Science Undergraduate Senior Theses

Implicit bias and criminal justice are two concepts that have long been intertwined. There is no justice without neutrality, and yet how do we tell if the actors enforcing the system are actually impartial? In this thesis, I utilize recent advancements in machine learning to attempt to answer this question. Specifically, I use natural language processing to examine the text of opinions written by judges in appellate courts, and I leverage these findings to build quantifiable measures of implicit bias. In particular, I look at the over/under-representation of certain emotions, sentiments and linguistic styles as a proxy for disparate treatment …

What Makes An Impartial Jury? Perceptions Of Jury Impartiality And Court Legitimacy, Joshua P. Freitag

Quantitative Social Science Undergraduate Senior Theses

In light of decreasing trust in courts at all levels of the American justice system, it is more important than ever to understand what affects people’s perceptions of the courts as fair, just, and legitimate. The Black Lives Matter protests highlighted a racial element to perceptions of impartiality in the jury system. Existing literature reveals a complex historical relationship between race and the jury, but little research has been done on public perceptions of race in the jury box.

With a novel two-experiment design using a survey instrument and a half White–half Black respondent sample pool fielded using Prolific, I …

Idaho Department Of Water Resources’ Amended Snake River Basin Moratorium Order: Survey Of Potential Implications, Jillian Greene

Idaho Law Review

No abstract provided.

Respectfully, I Dissent: Easterling V. Hal Pac Properties, L.P. And Making A Mess Of Idaho Real Property Law, Jerrold A. Long

Idaho Law Review

No abstract provided.

Dobbs: A Powerful Opinion With Discrete Weaknesses, Gader Wren

Idaho Law Review

No abstract provided.

Preliminary Injunctions In Public Law: The Merits, Kevin J. Lynch

Sturm College of Law: Faculty Scholarship

The law of preliminary injunctions has been evolving, in many instances away from its roots in equity and towards a more rigid and formalistic approach that raises the bar for when a preliminary injunction may be granted. This change has its roots in hostility at the Supreme Court to certain types of rights, such as abortion, voting rights, public health, and environmental protection, to name a few. In the aftermath of the Supreme Court’s 2009 decision in Winter v. Natural Resources Defense Council, a few circuits have adopted a strict, literal reading of some dicta from that case in order …

The Santa Clara, 2023-06-02, Santa Clara University

The Santa Clara

No abstract provided.

Cardozo Law News Brief: June 2, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Andrea Kupfer Schneider
• Kathryn Miller
• Edward Stein

Campus News:

• Cardozo Welcomes the 2023 May-Entry Class
• Cardozo Celebrates Public Service at 31st Annual Inspire! Awards

Events:

• Class of 2023 Commencement

Disclosure Of Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel

Online Publications

This proposed recommendation identifies statutory reforms that, if enacted by Congress, would provide clear standards as to what legal materials agencies must publish and where they must publish them (whether in the Federal Register, on their websites, or elsewhere). The amendments would also account for technological developments and correct certain statutory ambiguities and drafting errors. The objective of these amendments would be to ensure that agencies provide ready public access to important legal materials in the most efficient way possible.

Professor Bernard W. Bell (Rutgers Law School), Professor Cary Coglianese (University of Pennsylvania Law School), Professor Michael Eric Herz (Benjamin …

“Tribal Rights Are Important Rights”: The Origins, Travails, And Impact Of The Nanticoke Lenni-Lenape Tribe V. The State Of New Jersey, Brianna Marie Dagostino

Theses and Dissertations

The purpose of this thesis was to study the lawsuit case of the of Nanticoke Lenni-Lenape Tribal Nation V. John J. Hoffman and to showcase how modern-day racism ultimately led to their federal lawsuit in 2015. Racism and racist biases over Indian gaming has affected not just the Nanticoke Lenni-Lenape tribe, but tribes all over the country and has severely hindered tribes in the state and federal acknowledgment process. There are also other tribes that have had lawsuits over racial biases of Indian gaming, which will be discussed within the thesis. By using oral histories from tribal members and allies …

Flip The Switch: Swapping The Socratic Method For Applied Learning In Evidence Law 646, Chelsi Hayden

UNL Faculty Course Portfolios

This course portfolio documents my evaluation of my teaching methods and student learning in an Evidence law course. My goal was to document positive outcomes associated with applied learning through a flipped course structure. The data, however, suggests that more research is necessary to determine whether there is a strong correlation between a flipped course and student learning. The data suggests students are generally performing as expected in the course. It also indicates that providing lectures and problem sets before class is effective but may not be more effective than providing them in class, suggesting the timing of the lectures …

Shared Fantasy: Role-Playing Games As Social Worlds By Gary Alan Fine (2002) [Reseña], Cristo Leon

Journal of Roleplaying Studies and STEAM

This classic study still provides one of the most acute descriptions available of an often misunderstood subculture: that of fantasy role playing games like Dungeons & Dragons. Gary Alan Fine immerses himself in several different gaming systems, offering insightful details on the nature of the games and the patterns of interaction among players—as well as their reasons for playing.

Este estudio clásico todavía proporciona una de las descripciones más agudas disponibles de una subcultura a menudo incomprendida: la de los juegos de rol de fantasía como Dungeons & Dragons. Gary Alan Fine se sumerge en varios sistemas de juego diferentes …

Editorial - Un Paso A La Vez, Mauricio Rangel Jiménez

Journal of Roleplaying Studies and STEAM

Editorial - Un paso a la vez

Journal Of Roleplaying Studies And Steam (Jrpssteam) Vol. 2 [2023], Issue 1., Cristo Leon, Felipe Ignacio García-Soriano, Francisca Faret Moreno, Daniel S. González Cohens, Daniel Serrano Robles, Daniel Romero Benguigui, Ruben Darío Hernández Mendo

Journal of Roleplaying Studies and STEAM

Journal of Roleplaying Studies and STEAM (JRPSSTEAM) Vol. 2 [2023], Issue 1.

The Independent Existence: A Look At Florida's Wrongful Death Statute In The Wake Of Dobbs And Changing State Abortion Laws., Katherine Bolliger

Child and Family Law Journal

Following the Supreme Court’s overturning of the federally mandated fundamental right to abortion founded in Roe¹ and Casey,² the decision of whether a woman may terminate a pregnancy has returned to the states with the current Court’s implementation of Dobbs v. Jackson Woman’s Health.³ In Florida, the state government decided to reduce the gestational age for termination to fifteen weeks in July 2022, and further reduced the gestational age to six weeks in April 2023 provided that the Florida Supreme Court upholds the fifteen week ban.⁴ This note operates under the fifteen week standard …

The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz

Newspaper Columns

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

Preemption Exemption: Fda-Approved Abortion Drugs After Dobbs, Jared C. Huber

Notre Dame Law Review

Dobbs v. Jackson Women’s Health Organization held that no constitutional right to abortion exists, overruling Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. After Dobbs, states are free to regulate abortion as they see fit. Under Roe and Casey’s old regime, a state could not regulate abortion in a way that presented an “undue burden on a woman’s ability” to decide to abort. The Court handed down many cases which attempted to bring clarity to the murky standard. But the conglomeration of interpretation is now wiped away.

In Dobbs’s wake, states and the …

The Administrative Procedure Act: Failures, Successes, And Danger Ahead, Emily S. Bremer

Notre Dame Law Review

The Administrative Procedure Act (APA) is a profoundly important statute, operating as the superstatute backbone for the modern administrative state. This Essay argues that, although the APA deserves to be held in high regard, its procedural provisions have had more mixed success than is commonly acknowledged. These procedural provisions govern agency adjudication and rulemaking and, in both contexts, were designed to establish minimum procedural requirements that would apply uniformly across administrative agencies. Drawing on the extensive research that informed the APA's drafting, this Essay argues that the APA has failed to achieve its goal in adjudication, but has succeeded spectacularly …

Movement Administrative Procedure, Evan D. Bernick

Notre Dame Law Review

On April 4, 1946, The Potters Herald, a Thursday weekly dedicated to labor and union news, published an editorial warning readers of pending legislation “which may seriously affect labor” despite not containing a “single word about labor” in its text. This legislation would empower “anti-labor judges” to overturn decisions by the National Labor Relations Board. Despite its neutral appearance, it was in reality designed to “kick [labor and the NLRB] in the teeth” and would result in “a field day for the corporation lawyers.”

The complained-of legislation was the Administrative Procedure Act of 1946 (APA). From today’s vantage point, …

The Establishment Of A Unified Asean Monetary System Following The European Model: Is It Legally Feasible?, James Keith C. Heffron

Center for Business Research and Development

For the last several decades, the drive towards globalization has influenced most of the world’s economic and fiscal direction. Regional cooperation therefore is a natural step towards this thrust. For many years, many sectors have been clamoring for a unified monetary system in the ASEAN patterned after the European Monetary System, the same system that gave birth to the Euro – the European Union’s regional currency. The main benefit of having a regional unified monetary system is price and currency stability. This in turn would result to an accelerated economic growth in the region especially in developing members such as …

Comment On Free Speech In Law Schools, Erwin Chemerinsky

Hofstra Law Review

The article discusses the need for a new solution to address the issue of unruly property owners in common interest communities, such as condominiums and homeowners associations (HOAs). It mentiosns that the boards of these communities lack the ability to evict disruptive owners, which negatively impacts the quality of life for other residents. It mentions that the proposed solution is to introduce a bylaw that allows the board to evict property owners whose behavior disturbs the community.

Vacatur, Nationwide Injunctions, And The Evolving Apa, Ronald M. Levin

Notre Dame Law Review

The courts’ growing use of universal or nationwide injunctions to invalidate agency rules that they find to be unlawful has given rise to concern that such injunctions circumvent dialogue among the circuits, promote forum shopping, and leave too much power in the hands of individual judges. Some scholars, joined by the Department of Justice, have argued that such judicial decisions should be limited through restrictive interpretations of the Administrative Procedure Act (APA).

This Article takes issue with these authorities. It argues that the courts’ use of the APA to vacate a rule as a whole—as opposed to merely enjoining application …