Law Commons^™

The Virtuous Executive, Alan Rozenshtein

Articles

As currently conceived, executive power law and scholarship detach the identity of the President from the powers and duties of the presidency. Whether an official was properly dismissed without cause, whether a pardon was validly issued, whether a foreign policy debacle rose to the level of an impeachable offense—the answers to all these questions are not supposed to depend on the President’s personal characteristics.

This Article argues that this veil of ignorance is incompatible with a correct understanding of Article II. To properly empower good Presidents and constrain bad ones, constitutional actors must take into account the President’s personal characteristics. …

The Public Administration Of Justice, Nicholas Bednar

Articles

Adjudicatory agencies decide who receives social-welfare benefits, which inventions deserve patents, and which noncitizens get to remain in the United States. Scholars have argued that agency adjudication lacks sufficient structural and procedural protections to ensure unbiased decision-making. Yet these critiques miss a key problem with agency adjudication: the lack of adjudicatory capacity. This Article argues that low-capacity agencies cannot satisfy the Due Process Clause's demand for accurate decision-making. To produce accurate decisions, adjudicatory agencies need sufficient levels of capacity: (1) material resources, (2) expert adjudicators, and (3) support staff When agencies lack these resources, their adjudicators rely on various coping …

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

The Last Stand For Union Power, Laura Christensen Garcia, Danya Moodabagil

Public Interest Law Reporter

No abstract provided.

An Examination Into The Physical And Sexual Abuse Of Children In Juvenile Detention Centers, Claudia Cornejo

Public Interest Law Reporter

No abstract provided.

Chicago's War On Crime, Madison Flores

Public Interest Law Reporter

About one in five U.S. adults say they or someone close to them has had a personal experience with gun violence.¹ Seventy-one percent of Americans also believe gun laws should be stricter.² Most people favor a federal law preventing people with mental illnesses from purchasing guns and a smaller percentage favor a nationwide ban on semi-automatic weapons.³ The debate is not so simply divided between those who want to ban all guns and those who want no restrictions on guns. Rather, many Americans value both preventing gun violence and protecting gun rights.⁴

To understand the atmosphere …

Sanctioned Abuse: Corporal Punishment, Restraint And Seclusion Of Children In Public Schools, Jasper Gingrich

Public Interest Law Reporter

No abstract provided.

Affirmative Action In Jeopardy, Natalie Jakubowski

Public Interest Law Reporter

Forty-five years ago, the United States Supreme Court decided the landmark case Regents of the University of California v. Bakke ("Bakke"), which confirmed the constitutionality of race as a factor for consideration in college admissions, otherwise known as affirmative action.¹ Since then, colleges have considered race as an additional "plus factor" in their admissions processes and have immensely increased the percentage of minority enrollment in colleges. However, the Supreme Court will hear two cases in 2023: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. …

A Brief Introduction To The Legal Response To Childhood Fatalities And Injuries On Family Farms, Madeline Krolczyk

Public Interest Law Reporter

No abstract provided.

Punishing Poverty: The Inequalities Of Cash Bail And The Move Towards Reform, Emily L. Salamone

Public Interest Law Reporter

No abstract provided.

Felony Disenfranchisement: A Barrier To True Democracy, Anna Baish

Public Interest Law Reporter

No abstract provided.

Beneath The Welfare Façade, Anna Bowser

Public Interest Law Reporter

No abstract provided.

Name, Image, And Likeness In Ncaa College Athletics, Marlee Burridge

Public Interest Law Reporter

No abstract provided.

Barricading The Ballot Box: How Legislative Changes To Ballot Referendums Threaten America's Tradition Of Direct Democracy, Tripp Frank

Public Interest Law Reporter

No abstract provided.

Safeguarding Sanctuary: The Growing Pains Of A Sanctuary City, Iris Gomez

Public Interest Law Reporter

No abstract provided.

Where The Fourth Amendment Fails: The Loophole Of No-Knock Warrants And The Devastating Community Safety Consquences, Grace Hague

Public Interest Law Reporter

No abstract provided.

Out Of Sight, Out Of Mind: Banning The Unhoused From Chicago's Public Spaces, Alex Kirchner

Public Interest Law Reporter

No abstract provided.

Scotus On "Wotus", Will Matushek

Public Interest Law Reporter

No abstract provided.

"If You Die, That's On You": The Persistence Of Inhumane Conditions At Cook County Jail, Leanna Nichols

Public Interest Law Reporter

No abstract provided.

United States V. Rahimi: A Closer Look At The Implications For Domestic Abuse Victims, Dani Scudder

Public Interest Law Reporter

No abstract provided.

Stop Cop City: The Expanding Reach Of The Racketeer Influenced And Corrupt Organizations Act's Threat To First Amendment Protected Activism, Elizabeth Stamper

Public Interest Law Reporter

No abstract provided.

"No Evictions" Policies: Evaluating The Disparate Impact Of Auto-Rejection On Black Women, Mehreen Tariq

Public Interest Law Reporter

No abstract provided.

Looking Inward: Building A Restorative Legal Aid Agency, Andy Froelich

Public Interest Law Reporter

No abstract provided.

Bridging The Gap In Lgbtq+ Rights Litigation: A Community Discussion On Bisexual Visibility In The Law, Nancy C. Marcus, Bendita Malakia, Ann E. Tweedy, Mya Reid

Faculty Scholarship

This essay discusses the genesis of BiLaw, a coalition of Bi+ lawyers and law students, and highlights the importance of a 2021 Lavender Law session organized by BiLaw in which representatives of LGBT rights organizations discussed the erasure of Bi+ persons in jurisprudence and the importance of, and their commitment to, serving the needs of the Bi+ community, along with those of other stakeholders. A transcript of the groundbreaking discussion follows the essay.

Shortlisted: A Conversation Between Judge Diane Wood, Renee Knake Jefferson, And Hannah Brenner Johnson, Renee Newman Jefferson, Hannah Brenner Johnson, Diane P. Wood

Faculty Scholarship

This article includes an edited excerpt from the introduction to Shortlisted: Women in the Shadows of the Supreme Court and a discussion with the book's authors led by Judge Diane Wood, a senior judge of the United States Court of Appeals for the Seventh Circuit. They discuss the book, the women who were passed over for seats on the Court, and the lessons their stories offer — for women judges and the legal profession as a whole.

Masthead

Missouri Law Review

No abstract provided.

Should The Federal Circuit Stand Down On Standing?, Avery J. Welker

Missouri Law Review

On March 11, 2020, the World Health Organization officially declared COVID-19 a pandemic, just ninety days after patients in Wuhan, China, began experiencing an unknown pneumonia-like illness.1 States rapidly responded, beginning shutdowns just a few days later.2 Amidst the early shutdown chaos, Moderna began human trials on its new COVID-19 vaccine.3 Moderna’s road to vaccine development was not without bumps, however, as the company launched a patent validity attack on another company’s technology it used while developing its vaccine. The dispute made its way to the Court of Appeals for the Federal Circuit, where the question focused on whether Moderna …

Front Matter

Florida A & M University Law Review

No abstract provided.

What To The Marginalized Person Is The American Dream

Florida A & M University Law Review

I will organize this Note around three themes Douglass articulated in his speech. These themes, which remain timely and relevant over 170 years later, are (1) the importance of attending to those most impacted by injustices; (2) the responsibility of each of us to address the injustices we see in the world around us; and (3) the practice of remaining hopeful in the face of what, at times, may feel like daunting circumstances. I will structure this Note around these three themes as I consider what the American Dream means for marginalized persons. Throughout, I will weave in examples of …

Editorial Board And Statement Of Policy

Florida A & M University Law Review

No abstract provided.