Law Commons^™

The Court’S One-Way Street: L.S. Ex Rel. Hernandez V. Peterson’S Missed Opportunity To Expand Children’S Constitutional Rights, Kona Keast-O’Donovan

Minnesota Journal of Law & Inequality

No abstract provided.

Storied Pasts: Credibility And Evolving Norms In Asylum Narratives 1989–2018, Abigail Stepnitz

Minnesota Journal of Law & Inequality

No abstract provided.

Keep Your Hands Off My Fingerprints: How State Constitutionalism Can Stop On-Site Fingerprinting Dragnets, Roger Antonio Tejada

Minnesota Journal of Law & Inequality

No abstract provided.

Trans Bodies, Trans Speech, Parker Rose Wingate

Minnesota Journal of Law & Inequality

No abstract provided.

Appellate Panels And Second Opinions, Saul Levmore

Penn State Law Review (2003 - Present)

No abstract provided.

Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson

Faculty Works

This Essay is the first to explain how and why Ella P. Stewart, who was among the first Black women to earn a doctoral degree in Pharmacy, used her status as a small business owner to protect the limited set of legal rights that were available to African-Americans in the twentieth century. It also describes how Stewart’s early personal and professional experiences informed her subsequent public service career. Additionally, this Essay highlights the various ways that Stewart expanded the real freedoms that Black Americans enjoyed by guaranteeing they received a fair share of public goods or services. It concludes by …

Criminal Law—Federal Conspiracy Law—Changing The Withdrawal Standard For Members Of A Conspiracy, Matthew N. Rose

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—The Current System For Abolishing Child Pornography Online Is Ineffective: The Alternative Measure For Eradicating Online Predators, Virginia Kendall

University of Arkansas at Little Rock Law Review

No abstract provided.

Actually, You Don’T Have To Show Your Work: The Arkansas Court Of Appeals Tells Trial Courts That When They Award Attorneys’ Fees In Domestic Relations Cases, They Need Not Explain The Basis For The Awards Or The Basis For The Amount Of The Awards, Terrence Cain

University of Arkansas at Little Rock Law Review

Arkansas follows the “American Rule,” which is that each litigant is responsible for his or her own attorneys’ fees unless a statute says otherwise. This rule is not without exceptions, however, and one such exception is the “domestic relations exception,” which says that Arkansas’s trial courts have the inherent authority to award attorneys’ fees in domestic relations cases. Between 2016 and 2021, the Arkansas Court of Appeals decided cases with attorneys’ fees awards ranging from $14,190 to $36,284.60, which one judge of that court remarked evidenced an ever-escalating amount of fee awards in domestic relations cases.

At one point, when …

Public Health Law—Punishing Pain: Why Treating Chronic Pain With Opioids Needs A New Standard Of Care, Robert Stodola

University of Arkansas at Little Rock Law Review

No abstract provided.

Abrogating Tribal Sovereign Immunity Via The Bankruptcy Code, Amanda Hager Freudensprung

University of Arkansas at Little Rock Law Review

No abstract provided.

Legislative Oversight Proceedings Of The Arkansas General Assembly: Issues And Procedures, D. Franklin Arey Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Creating And Maintaining Consistent Standards Regarding The Role Of Parental Substance Abuse At Shelter Care Hearings In Washington State, Emma Vanderweyst

Washington Law Review

When Child Protective Services (CPS) removes children from their home in Washington State, the State must hold a shelter care hearing within seventy-two hours to determine where the children should be placed while the investigation and dependency hearing proceed. RCW 13.34.065 requires the State to return a child to their parent’s care if there is a parent capable of caring for the child and there is no “serious threat of substantial harm” to the child. However, in July 2023, the Washington State Legislature will update RCW 13.34.065 to reflect a recently passed bill. This bill heightens the previous burden and …

Front Matter

Hofstra Law Review

No abstract provided.

Terrible Freedom, Ambiguous Authenticity, And The Pragmatism Of The Endangered: Why Free Speech In Law School Gets Complicated, Len Niehoff

Hofstra Law Review

The article explores the complexities surrounding free speech in law schools, highlighting the challenges and controversies that arise in relation to guest speakers, student protests, student group agendas, faculty expression, and speech on student listservs. The author argues that understanding the dynamics of free speech in law schools requires considering factors such as the nature of private law schools, the suspension of authenticity, and the diverse life experiences of students.

Comment, Francesca Procaccini

Hofstra Law Review

The article discusses the state of freedom of expression in American law schools and argues for a shift in perspective. The author suggests that the problem is not necessarily speech suppression, but rather speech timidity among students.It mentions that by training students in courageous speech, exposing them to controversial ideas, creating safer classroom environments, and recognizing that freedom of expression is connected to mental health.

Comment On Freedom Of Expression In American Legal Education, Robert Post

Hofstra Law Review

The author argues that framing the tension in American law schools as a freedom of expression issue is unhelpful and inaccurate.It suggest that the core issue lies in the pedagogical question of how best to achieve the educational mission of law schools. It also mentions that the principles of free speech, which are essential for democratic self-governance. The author emphasizes the importance of empathy, and creative educational interventions in navigating the challenges faced by law schools.

Comment, Genevieve Lakier

Hofstra Law Review

The article explores the challenges law schools face in addressing speech norms and the increasing polarization of national politics and culture. It argues that the disagreements over speech norms are part of broader political transformations and should be seen as an inevitable aspect of societal change. The article suggests the need for law schools to navigate these issues by considering the political and pedagogical dimensions, and addressing the distribution of resources and opportunities.

What A Board Wants, What A Board Needs: A New Way To Evict A Property Owner For Bad Behavior In Common Interest Communities, Amanda Ricci

Hofstra Law Review

The article discusses the issue of dealing with unruly residents in common interest communities such as condominiums and homeowners associations (HOAs). It highlights the lack of legal remedies available to boards of these communities to evict disruptive property owners. The article proposes the implementation of a bylaw that would grant boards the ability to evict residents who consistently disturb the peaceful enjoyment of others' homes, thus protecting the community as a whole.

The Time Has Come: A Proposal For New York To Legalize Physician-Assisted Death, Samantha Knice

Hofstra Law Review

The article focuses on the proposal that advocate for the legalization of physician-assisted death (PAD) in New York. It begins by highlighting the story of Charlie and Francie Emerick, a terminally ill couple who chose to use Oregon's Death with Dignity Act to peacefully end their lives. It further argues that New York should follow the example of other states and countries by enacting a PAD law.

Standing Back And Standing Down: Citizen Non-Cooperation And Police Non-Intervention As Causes Of Justice Failures And Crime, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne

Hofstra Law Review

The article discusses the failures of the American justice system to find and punish offenders for the majority of serious crimes. It highlight the low clearance and conviction rates for crimes such as murder, rape, and assault. It further argues that these failures of justice have practical consequences on crime rates and also disproportionately affect racial minorities and low-income communities.

Do You Even Know Me?: A.I. And It's Discriminatory Effects In The Hiring Process, Gianfranco Regina

Hofstra Law Review

The article focuses on the use of Artificial Intelligence (A.I.) in the hiring process and its potential discriminatory effects. It discusses the increasing use of A.I. in hiring, its potential for bias and discrimination, and the historical context of Title VII of the Civil Rights Act and disparate impact claims. It also suggests updating the Uniform Guidelines on Employee Selection Procedures (UGESP) to address discrimination in A.I. hiring processes.

Copyright

Missouri Law Review

No abstract provided.

Table Of Contents

Missouri Law Review

No abstract provided.

Revisiting Rosenbloom: Can A Return To The “Matter Of Public Concern” Standard In Defamation Cases Quiet Sullivan’S Skeptics?, Amy Kristin Sanders

Missouri Law Review

As a vocal minority increasingly airs their displeasure with the actual malice rule the U.S. Supreme Court established in New York Times v. Sullivan, media defense attorneys find themselves searching for way to pushback against the possible erosion of a key First Amendment protection for free speech. This article calls for a reconsideration of the “matter of public concern” standard that a plurality of the Court promulgated in Rosenbloom v. Metromedia. The article outlines the chief concerns brought by those who wish to reconsider the requirement that public officials and public figures prove reckless disregard for the truth to recover …

Let’S Not Talk About It: How Courts Apply Constitutional Avoidance And Qualified Immunity As A Shield For Law Enforcement Officers, Hanna M. Metzler

Missouri Law Review

On the night of December 8, 2015, Nicholas Gilbert was pronounced dead following a tragic incident at the St. Louis Metropolitan Police Department (“SLMPD”) station. Was the cause of death excessive force by SLMPD officers? Well, it is wishful thinking to expect a straightforward answer. It is no secret that recent actions of law enforcement officers have garnered unfettered attention from activist movements across the country. Despite the force of movements like Black Lives Matter and Defund the Police, qualified immunity works to protect law enforcement officers against claims that may arise in their line of duty and consistently prevails …

The Five Internet Rights, Nicholas J. Nugent

Washington Law Review

Since the dawn of the commercial internet, content moderation has operated under an implicit social contract that website operators could accept or reject users and content as they saw fit, but users in turn could self-publish their views on their own websites if no one else would have them. However, as online service providers and activists have become ever more innovative and aggressive in their efforts to deplatform controversial speakers, content moderation has progressively moved down into the core infrastructure of the internet, targeting critical resources, such as networks, domain names, and IP addresses, on which all websites depend. These …

Marital Disharmony: Examining The Adverse Spousal Testimonial Privilege And Its Impact In Washington State, Sabrina Suen

Washington Law Review

In Washington State, RCW 5.60.060(1) provides that “[a] spouse or domestic partner shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner.” This evidence rule, known as the adverse spousal testimonial privilege, allows a defendant to exclude witness testimony by their spouse under most circumstances. A product of common law tradition, this privilege stems from a time when the law treated women as chattel with no independent legal rights. Since Washington State codified the adverse spousal privilege, the United States Supreme Court amended the federal spousal testimonial …

#Metoo In Prison, Jenny-Brooke Condon

Washington Law Review

For American women and nonbinary people held in women’s prisons, sexual violence by state actors is, and has always been, part of imprisonment. For centuries within American women’s prisons, state actors have assaulted, traumatized, and subordinated the vulnerable people held there. Twenty years after passage of the Prison Rape Elimination Act (PREA), women who are incarcerated still face shocking levels of sexual abuse, harassment, and violence notwithstanding the law and policies that purport to address this harm. These conditions often persist despite officer firings, criminal prosecutions, and civil liability, and remain prevalent even during a #MeToo era that beckons greater …

The Invisible Danger In Plain Site: Ending The Practice Of Building Housing In Exposure Zones, Adam J. Mikell

Minnesota Journal of Law & Inequality

No abstract provided.