Law Commons^™

How The Farmers (Empowerment And Protection) Agreement On Price Assurance And Farm Services Act, 2020 Turns Attempts At Conciliation Into Compulsion, Sydney Bennett

Journal of Dispute Resolution

No abstract provided.

You Have Got To Be Keating Me: Why The Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act Is A Good Start, Hirsh Joshi

Journal of Dispute Resolution

No abstract provided.

Appendix A

Journal of Dispute Resolution

Appendix A for article Orienting Toward Party Choice

Legislative Update, Wensdai Brooks, Connor Mcateer, Myca Sutton, Des'aire Taylor, Hannah Williams

Journal of Dispute Resolution

The Legislative Update exists to inform the reader of various state and federal laws passed during the 2021-2022 legislative sessions. More specifically, the statutes discussed below relate to alternative dispute resolution (“ADR”) in its many forms. This is an annual update compiled and written by the Journal of Dispute Resolution’s Associate Members and edited by the Associate Editor-in-Chief. This year represented a wide mix of laws passed—some related to health and safety in a post-pandemic world; others posed solutions to problems relevant before the COVID-19 pandemic. Usually, the Legislative Update is limited exclusively to state legislation. We decided to include …

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …

Major Questions And An Emergency Question Doctrine: The Biden Student Debt Case Study Of Pretextual Abuse Of Emergency Powers, Jed Handelsman Shugerman

Faculty Scholarship

The major question doctrine tries to address one problem, the Imperial Executive, by escalating another, the Imperial Judiciary. This article proposes a solution, with the Biden Student Debt Waiver as a case study: An “emergency question” doctrine.

This emergency questions doctrine would apply when the executive relies on a statutory emergency clause or invokes an emergency in its application of a statutory provision. As a matter of statutory interpretation, the emergency question doctrine would follow the two most important steps of the major question approach: 1) relying on purpose and context to clarify and limit the scope of open-ended emergency …

Testimony To The Senate Judiciary Committee By The Era Project At Columbia Law School And Constitutional Law Scholars On Joint Resolution S.J.Res. 4: Removing The Deadline For The Ratification Of The Equal Rights Amendment, Katherine M. Franke, Laurence H. Tribe, Geoffrey R. Stone, Melissa Murray, Michael C. Dorf

Faculty Scholarship

The Equal Rights Amendment Project at Columbia Law School (ERA Project) and the undersigned constitutional law scholars provide the following analysis of S.J.Res. 4, resolving to remove the time limit for the ratification of the Equal Rights Amendment (ERA) and declaring the ERA fully ratified.

Civil Rights Without Representation, Joanna C. Schwartz

William & Mary Law Review

Although much recent attention has been paid to qualified immunity, the biggest threat to civil rights enforcement is actually the lack of lawyers able and willing to represent people whose constitutional rights have been violated. There are small, tight-knit communities of civil rights lawyers with expertise and passion in the cities of the Great Migration, but few civil rights attorneys practice outside those urban areas. Limits on attorneys’ ability to recover fees mean that even attorneys willing to take civil rights cases will have financial incentives to decline meritorious cases if they would be expensive to litigate or if the …

Justice Alito's Laundry List: Highlights From Appendix C Of Bostock And A Roadmap For Lgbtq+ Legal Advocates, Peter Quinn

William & Mary Law Review

After a brief background on Bostock [v. Clayton County] in Part I, the bulk of this Note seeks to examine Justice Alito’s Bostock dissent and its potential future usefulness for LGBTQ+ advocates. Part II will analyze Justice Alito’s dissent and Appendix C, arguing that his concerns about Bostock’s consequences across other federal statutes fall into three primary categories of usefulness. The remaining Parts will survey these categories, including the “small potatoes” in Part III, the “blockbusters” in Part IV, and the “under-the-radar” areas in Part V. Part V takes particular notice of potential applications of Bostock’s …

Qualified Knowledge: The Case For Considering Actual Knowledge In Qualified Immunity Jurisprudence As It Relates To The First Amendment Right To Record, Carly Laforge

William & Mary Law Review

This Note argues that this particular finding of the Frasier court is both pragmatically and philosophically problematic. By design, the qualified immunity doctrine seeks to shield police officers from civil rights lawsuits. However, prioritizing assumed knowledge over actual knowledge in determining what qualifies as a clearly established constitutional right harms the citizens that law enforcement officers have sworn to protect and serve. While traditional delineations of clearly established rights have involved appeals to precedent, public policy concerns are also important considerations in the qualified immunity analysis. In this way, Frasier is especially concerning in that it prioritizes the total defense …

Repugnant Precedents And The Court Of History, Daniel B. Rice

Michigan Law Review

Aged Supreme Court precedents continue to tolerate many practices that would shock modern sensibilities. Yet the Court lacks standard tools for phasing out decisions that offend our national character. The very cultural shifts that have reoriented our normative universe have also insulated most repugnant precedents from direct attack. And the familiar stare decisis factors cannot genuinely explain what ails societally outmoded decisions. Even for justices inclined to condemn these embarrassments in less clinical terms, it is unclear what qualifies courts to make universalist claims about contemporary American values.

The Court recently sidestepped these difficulties by insisting that one of its …

Mooting Unilateral Mootness, Scott T. Macguidwin

Michigan Law Review

Several situations cause a case to be moot. These include settlement agreements, party collusion, changes in litigant status, and extrinsic circumstances thwarting the court from granting any relief. The final reason is unilateral mootness—when a defendant ends a lawsuit against a plaintiff’s wishes by giving them everything for which they ask. In practice, this allows defendants to strategically stop lawsuits when it is clear they are not going to win. By doing so, they prevent the court from handing down adverse precedent and preserve the opportunity to engage in similar behavior with impunity. Courts have established a series of mootness …

Recognizing The Right To Family Unity In Immigration Law, Eugene Lee

Michigan Law Review

The Trump Administration’s travel ban and separation of families at the U.S.- Mexico border drew newfound attention to the constitutional due process right to family unity. But even before then, the right to family unity has had a substantial history. Rooted in the Supreme Court’s line of privacy rights cases, the right to family unity is amorphous. This ambiguity has given rise to disagreement regarding not only legal doctrine surrounding the right but also whether the right even exists. This Note clarifies this disagreement by offering a historical account of the right to family unity and an overview of three …

Seeing Like A Chocolate City: Reimagining Detroit’S Future Through Its Past, Sheila R. Foster

Georgetown Law Faculty Publications and Other Works

This essay is part of an online symposium on Michelle Wilde Anderson's “The Fight to Save the Town.” In it, Anderson captures how the rise and fall of Detroit maps onto so many other important cultural, political, social, and economic moments of the twentieth century. As Anderson rightly notes, many of the ways in which the city’s history is commonly told represent a “white gaze on Detroit.” What this narrative often leaves out is the critical role of the Black middle and professional class in stabilizing or holding up the city during the period often associated with the city’s decline. …

Stigma In The Statute: When The Language Of The Law Injures, Stacey A. Tovino

William & Mary Law Review

Jurists frequently consider the extent to which a writer’s or speaker’s harmful statements may be actionable under the law. But what should be done when the law itself contains harmful language? Consider the case of individuals with alcohol use disorder (AUD). Hundreds of federal and state statutes refer to these individuals as “addicts,” “abusers,” “alcoholics,” “drunkards,” “inebriates,” and “intemperates.” These statutes exist notwithstanding research showing that these words provoke negative thinking by others, including thinking that individuals with AUD are more deserving of punishment and less deserving of treatment. These laws persist in the face of research showing that these …

Gender Inequality Against Women Fishers In Indonesia, Ani Purwanti, Dyah Wijaningsih, Muh. Afif Mahfud, Aga Natalis

Indonesia Law Review

This study explores whether or not Law No. 7 of 2016 for the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers discriminates against women. This law supports small fishermen since it requires the government to provide them with financial stability through harvest season output guarantees. On the other hand, we discovered that Law No. 7 of 2016, about the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers, has discriminatory consequences damaging the welfare of female fishermen. Because of sociological and cultural bias, female fishermen are the most neglected segment in the fishing sector. This is in …

Ethical Issues Of The Practice Of National Security Law:Some Observations, Charles J. Dunlap Jr.

Ohio Northern University Law Review

No abstract provided.

“That The Laws Be Faithfully Executed”:The Perils Of The Government Legal Advisor, David Luban

Ohio Northern University Law Review

No abstract provided.

Beyond Aristotle: Alternative Rhetorics And The Conflict Overthe U.S. Law Professor Persona(E), Carlo A. Pedrioli

Ohio Northern University Law Review

No abstract provided.

A Theoretical Case For Standardized Vesting Documents, Chad J. Pomeroy

Ohio Northern University Law Review

No abstract provided.

Legal Education And The Legal Profession:Convergence Or Divergence?, Jerome M. Organ

Ohio Northern University Law Review

No abstract provided.

The Perspective Of Time: Some Observations On The Relationshipof Legal Education And Practice In The Past Century, Dean Gregory Mark

Ohio Northern University Law Review

No abstract provided.

Cultivating Learners Who Will Invent The Future Of Lawpractice: Some Thoughts On Educating Entrepreneurial Andinnovative Lawyers, Renee Newman Knake

Ohio Northern University Law Review

No abstract provided.

Law Schools Under Siege: The Challenge To Enhance Knowledge,Creativity, And Skill Training, Robert I. Reis

Ohio Northern University Law Review

No abstract provided.

Professor Kingsfield In Conflict:Rhetorical Constructionsof The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Ohio Northern University Law Review

No abstract provided.

Amendability-Contingent Interpretation: Implications Ofvariance In Difficulty Of Formal Constitutional Change, Darren R. Latham

Ohio Northern University Law Review

No abstract provided.

Modeling Church And State:The Ideological Use Of History In Establishmentclause Jurisprudence, Charles Kelbley

Ohio Northern University Law Review

No abstract provided.

An Explanation Of The Patient Protection Andaffordable Care Act, Wilton B. Hyman

Ohio Northern University Law Review

No abstract provided.

Introduction To “Struck By Lightning”, Richard C. Dieter

Ohio Northern University Law Review

No abstract provided.

Struck By Lightning:The Continuing Arbitrariness Of The Death Penaltythirty-Five Years After Its Re-Instatement In 1976a Report Of The Death Penalty Information Center, Richard C. Dieter

Ohio Northern University Law Review

No abstract provided.