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Articles 39871 - 39900 of 546107
Full-Text Articles in Law
Presentation Remarks, Marvin Isgur
Presentation Remarks, Marvin Isgur
Emory Bankruptcy Developments Journal
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Codifying Antisemitism, Mark Goldfeder
Codifying Antisemitism, Mark Goldfeder
Scholarly Works
Antisemitic harassment and discrimination are unlawful in many contexts, but without a standard definition of what 'antisemitism' includes, that idea is almost meaningless. This has led to an equal protection problem for members of the Jewish community, which is why states across the country have started to pass laws adopting the International Holocaust Remembrance Alliance ("IHRA") Definition of antisemitism for use in clarifying the application of existing legal protections for Jewish people from crime and discrimination. Thus far, the bills that have passed have for the most part been overwhelmingly bipartisan, but there have been minor pockets of pushback in …
Faith And Faithfulness: Vocation As Self, Others, And A Third Thing, Joel A. Nichols
Faith And Faithfulness: Vocation As Self, Others, And A Third Thing, Joel A. Nichols
Touro Law Review
Many of us are prone to thinking in binaries—in “either/or” categories, or in black-and-white thinking. Lawyers seem to be especially skilled at this, as we are trained to identify two things and then try to navigate between them or name their similarities and differences. But staying within that framework can be unhelpful, and even stifling, at times. This Essay explores the intersection of faith and the practice of law, especially the idea of vocation. It offers an approach to get out of the binary by suggesting that looking at a third thing is essential. For vocation, this includes (1) listening …
A Cross-Jurisdictional Analysis Of Penalties For Possession Of Contraband Phones By Inmates And A Proposal To Increase The Federal Penalty, Andrew W. Eichner
A Cross-Jurisdictional Analysis Of Penalties For Possession Of Contraband Phones By Inmates And A Proposal To Increase The Federal Penalty, Andrew W. Eichner
Touro Law Review
The federal penalty for possession of a contraband phone by an inmate is currently a statutory maximum of one year of imprisonment, which is a Class A misdemeanor. This Article surveys 56 jurisdictions from across the United States (the 50 States, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, American Samoa, Guam, and the U.S. Virgin Islands) and discovers that the federal penalty for this offense is much lower than the national average for comparable offenses, which is an average statutory maximum of five years of imprisonment. To rectify this discrepancy, the Article proposes …
Can A Christian Be A Lawyer Or Can Both God And Jackson Browne Be Right, Randy Lee
Can A Christian Be A Lawyer Or Can Both God And Jackson Browne Be Right, Randy Lee
Touro Law Review
Jesus’s final command at His final meal before His death was to “love one another.” No less than Jackson Browne insisted that the ultimate absurdity in an absurd world is a “lawyer in love.” Thus, Jesus has commanded that even lawyers must love, but Jackson Browne has emphatically stressed that lawyers are incapable of love. Given the apparent conflict for lawyers between these two observations of Jesus and Jackson Browne, one might wonder whether one can be a Christian and a lawyer both. Can both God and Jackson Browne be right? Of course, the government could seemingly make the answer …
Proceed With Caution: Criminal Responsibility For Non-Participating Actors In University Hazing Incidents, Charlie Penrod
Proceed With Caution: Criminal Responsibility For Non-Participating Actors In University Hazing Incidents, Charlie Penrod
Touro Law Review
Hazing in university fraternities has become an epidemic. Most hazing involves new pledges who are coerced to endure physical, emotional, or psychological harm to prove themselves worthy of admission to the group. Sadly, many students suffer severe injuries from hazing, up to and including death. Many states have passed specific laws banning hazing and expanded the universe of persons guilty of hazing to possibly include non-participants who aided the hazing. In 2020, a Florida appellate court broadened this further, potentially holding a fraternity president responsible for hazing for making the mistake of allowing liquor at an off-campus party. The fraternity …
2022 Conference Of Religiously Affiliated Law Schools: Reflections On Faculty Vocation And Support, Lucia A. Silecchia
2022 Conference Of Religiously Affiliated Law Schools: Reflections On Faculty Vocation And Support, Lucia A. Silecchia
Touro Law Review
In the United States, numerous law schools identify themselves as “religiously affiliated.” There are many opportunities and challenges that come with such affiliation. What “religiously affiliated” may mean for a law school’s faculty is a particularly critical aspect of this question. I was grateful to have been invited to reflect on what religious affiliation might mean for faculty hiring at the “Past, Present, and Future of Religiously Affiliated Law Schools” conference. What follows are reflections that consider not merely that question—important as it is—but also explore what happens after the hiring decision to make the vocation to teach at a …
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Heeding The Voices Of Migrant Youth: The Need For Action, Randi Mandelbaum
Michigan Law Review
A Review of Unaccompanied: The Plight of Immigrant Youth at the Border. By Emily Ruehs-Navarro.
Policing Queer Sexuality, Ari Ezra Waldman
Policing Queer Sexuality, Ari Ezra Waldman
Michigan Law Review
A Review of Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life Before Stonewall. By Anna Lvovsky.
Beyond “Big Government”: Toward New Legal Histories Of The New Deal Order’S End, Gabriel L. Levine
Beyond “Big Government”: Toward New Legal Histories Of The New Deal Order’S End, Gabriel L. Levine
Michigan Law Review
A Review of Public Citizens: The Attack on Big Government and the Remaking of American Liberalism. By Paul Sabin.
An Order, Most Fixed, Alexandra D. Lahav
An Order, Most Fixed, Alexandra D. Lahav
Michigan Law Review
A Review of Rules: A Short History of What We Live By. By Lorraine Daston.
Sisters Gonna Work It Out: Black Women As Reformers And Radicals In The Criminal Legal System, Paul Butler
Sisters Gonna Work It Out: Black Women As Reformers And Radicals In The Criminal Legal System, Paul Butler
Michigan Law Review
A Review of Becoming Abolitionists: Police, Protests, and the Pursuit of Freedom. By Derecka Purnell and a review of Progressive Prosecution: Race and Reform in Criminal Justice. Edited by Kim Taylor-Thompson and Anthony C. Thompson.
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Beyond More Accurate Algorithms: Takeaways From Mccleskey Revisited, Ngozi Okidegbe
Michigan Law Review
A Review of McCleskey v. Kemp. By Mario Barnes, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 557, 581. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Akhil Amar’S Unusable Past, Gregory Ablavsky
Akhil Amar’S Unusable Past, Gregory Ablavsky
Michigan Law Review
A Review of The Words That Made Us: America’s Constitutional Conversation, 1760–1840. By Akhil Reed Amar.
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Michigan Law Review
A Review of Borderlands/La Frontera: The New Mestiza. By Gloria Anzaldúa.
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram
Disabling Lawyering: Buck V. Bell And The Road To A More Inclusive Legal Practice, Jacob Izak Abudaram
Michigan Law Review
A Review of Demystifying Disability: What to Know, What to Say, and How to Be and Ally. By Emily Ladau and Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell By Paul A. Lombardo.
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 122, Issue 2 of Michigan Law Review
The Gloss Of War: Revisiting The Korean War’S Legacy, Mary L. Dudziak
The Gloss Of War: Revisiting The Korean War’S Legacy, Mary L. Dudziak
Michigan Law Review
In war powers analysis, reliance on the interpretive method of historical practice, also called the “gloss of history,” has made history a technology of the forever war. This approach draws upon the history of U.S. military conflict to interpret the scope of presidential war power and embeds past actions into the separation of powers. There is a crucial flaw in this methodology, however. The understanding of history in historical gloss is not informed by the changing historiography of war. This has led to a divergence between the “history” in legal authority and the revised historical understanding in scholarly works of …
The Problematic Structure Of Indigent Defense Delivery, Eve Brensike Primus
The Problematic Structure Of Indigent Defense Delivery, Eve Brensike Primus
Michigan Law Review
The national conversation about criminal justice reform largely ignores the critical need for structural reforms in the provision of indigent defense. In most parts of the country, decisions about how to structure the provision of indigent defense are made at the local level, resulting in a fragmented patchwork of different indigent defense delivery systems. In most counties, if an indigent criminal defendant gets representation at all, it comes from assigned counsel or flat-fee contract lawyers rather than public defenders. In those assigned-counsel and flat-fee contract systems, the lawyers representing indigent defendants have financial incentives to get rid of assigned criminal …
Public Duties For The New City, Sarah L. Swan
Public Duties For The New City, Sarah L. Swan
Michigan Law Review
The first job of a government is to protect its people, and, in the United States, the government ostensibly performs this job through the police. But policing in America is deeply dysfunctional, as the police not only provide inadequate protection from violent crime, but simultaneously engage in outright acts of brutality against the citizenry. As awareness of these practices has swept across the nation, legal scholars and policymakers have offered numerous reforms and remedies to help solve policing’s problems. The responses have tended to focus on the top of the legal pyramid, using the big hammers of the federal government, …
Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram
Deinstitutionalization, Disease, And The Hcbs Crisis, Jacob Abudaram
Michigan Law Review
Primarily funded by Medicaid, home- and community-based services (HCBS) allow disabled people and seniors to receive vital health and personal services in their own homes and communities rather than in institutions like nursing homes and other congregant care facilities. The HCBS system is facing a growing crisis of care nationwide; more than 600,000 people are waitlisted for services, thousands of direct care workers are leaving the industry, and states are not committed to deinstitutionalization. The COVID-19 pandemic has highlighted and exacerbated these problems, as people in institutional settings face infection and death at far higher rates than those housed outside …
Essays On Public Policy, Justin Craig Heflin
Essays On Public Policy, Justin Craig Heflin
Graduate Theses, Dissertations, and Problem Reports (ETD)
The first chapter examines the impact of Red Flag Laws on homicide rates and suicide rates. Red Flag Laws seek to implement gun control measures by allowing the removal of firearms from individuals who pose a danger to themselves or others. Using a two-way fixed effects (TWFE) difference-in-differences (DiD) estimations, I demonstrate a negative and plausibly causal relationship between a state implementing a Red Flag Law and homicide rates. While there is also a reduction in suicide rates, I am unable to make causal claims. This study is the first to empirically examine Red Flag Laws, with an eye towards …
Britney’S Prerogative: A Critical, Constitutional View Of Conservatorships, Devraat Awasthi
Britney’S Prerogative: A Critical, Constitutional View Of Conservatorships, Devraat Awasthi
Oklahoma Law Review
No abstract provided.
The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane
The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane
Emory Bankruptcy Developments Journal
The Small Business Administration (“SBA”) has been providing disaster relief in the form of Economic Injury Disaster Loans (“EIDLs”) since its inception in 1953. In the context of the COVID-19 pandemic, the CARES Act charged the SBA with issuing forgivable loans through the Paycheck Protection Program (“PPP”) to small businesses which would otherwise face permanent closure. Though the CARES Act did not specifically grant the SBA authority to do so, the SBA interpreted its powers to include the ability to set requirements for loan approval which were not laid out in the Act itself. Specifically, the SBA promulgated a rule …
“Engaged In”: The Rocky Marriage Between Commercial And Business Activity And Subchapter V Eligibility, Blake Clevenger
“Engaged In”: The Rocky Marriage Between Commercial And Business Activity And Subchapter V Eligibility, Blake Clevenger
Emory Bankruptcy Developments Journal
The Small Business Reorganization Act of 2019, which created subchapter V bankruptcy relief for eligible small business debtors, is a step towards a small-business-friendly bankruptcy environment. The legislative history of subchapter V stated the goal of this new statute was to provide a cost-effective and streamlined path to reorganization to allow financially distressed small businesses to remain in business. To be eligible for subchapter V relief, a debtor must, among other requirements, be “engaged in commercial or business activities.” However, courts have continuously disagreed on the meaning of “engaged in commercial or business activities.” Courts have …
Fake And Real People In Bankruptcy, Melissa B. Jacoby
Fake And Real People In Bankruptcy, Melissa B. Jacoby
Emory Bankruptcy Developments Journal
This essay explores the bankruptcy system’s structural bias in favor of artificial persons—for-profit companies, non-profit enterprises, and municipalities given independent life by law—relative to humans. The favorable treatment extends to foundational issues such as the scope and timing of debt relief, the conditions to receiving any bankruptcy protections, and the flexibility to depart from the Bankruptcy Code by asserting that doing so will maximize economic value. The system’s bias also contributes to the “bad-apple-ing” of serious policy problems, running counter to other areas of law that have deemed harms like discrimination to be larger institutional phenomena rather than merely the …
Pragmatic Family Law, Clare Huntington
Pragmatic Family Law, Clare Huntington
Faculty Scholarship
Family law is a central battleground for a polarized America, with seemingly endless conflict over abortion, parental control of school curricula, gender-affirming health care for children, and similar flash points. This is hardly surprising for an area of law that implicates fundamental concerns about equality, bodily autonomy, sexual liberty, gender norms, parenting, and religion. Polarization poses significant risks to children and families, but centering contestation obscures another important reality. In many areas of doctrine and policy, family law has managed to avoid polarization, even for politically and socially combustible issues. Instead, states are converging on similar rules and policies, working …
Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc
Crime Analysis And Its Applications Throughout Different Countries And Systems, Derek Blanc
Williams Honors College, Honors Research Projects
Crime analysis plays a vital role in policing and maintaining law and order throughout many countries around the globe. The application and uses of crime analysis can vary greatly not only worldwide, but also between local police agencies as well. Many factors, including resources that are available, as well as funding and the legal frameworks in place can all affect how crime analysis is used and operated. This paper will provide a deeper understanding of how the criminal justice system has evolved into the way it is today, as well as how crime analysis was developed. In addition, the paper …