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Articles 871 - 900 of 917
Full-Text Articles in Administrative Law
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson
Seattle University Law Review
In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Striking A Balance: The Conflict Between Safety And Due Process Rights - The Practical Implications Of Zadvydas V. Davis, Alicia Brown
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
"Yes, We Can" Grant Guantánamo Detainees Habeas Corpus Rights, In Boumediene V. Bush, Sarah Christian
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford
Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford
Indiana Law Journal
No abstract provided.
The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield
The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii
Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii
Florida A & M University Law Review
No abstract provided.
Governments In Miniature: The Rule Of Law In The Administrative State, Mary Liston
Governments In Miniature: The Rule Of Law In The Administrative State, Mary Liston
All Faculty Publications
This chapter discusses several of the key attributes of the rule of law and explores their relevance for Canadian administrative law: the rule of law as an unwritten constitutional principle; the rule of law as a political ideal which structures institutional relations and competencies; and, the rule of law as a distinctive political morality which, in Canada, is understood as a dialogue among the three branches of government. The chapter assesses the Canadian articulation of the rule of law in the jurisprudence of the Supreme Court of Canada, then turns to the contemporary judicial review of administrative action. Recent case …
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
San Diego International Law Journal
In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …
Transparency In The Administration Of Laws: The Relationship Between Differing Justifications For Transparency And Differing Views Of Administrative Law, Robert Vaughn
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Quest To End Hunger In Our Time: Can Political Will Catch Up With Our Core Values?, David P. Lambert
The Quest To End Hunger In Our Time: Can Political Will Catch Up With Our Core Values?, David P. Lambert
Journal of Food Law & Policy
David Lambert a nationall recognized advocate to end hunger speaks about his work and the impact it has had on Arkansas, the USA and the world.
“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin
“For Any Reason”: Paper Promises To Protect Service Members, Tami Martin
Legislation and Policy Brief
In short, "Don't Ask, Don't Tell" (DADT) is the law that prohibits lesbian, gay, and bisexual (LGB) individuals from serving openly in the military. Despite the fact that the Obama Administration has yet to fulfill the campaign promise of ending DADT, many believe the question is more "when" than "if" it will be repealed. Much attention has focused on ending the policy, but it is also important to consider what might happen after repeal. This article briefly examines the history of DADT, major policies meant to protect service members from harassment they experience because of their actual or perceived sexual …
The High Costs Of Costs: Fees As Barriers To Access Within The United States And Canadian Freedom Of Information Régimes, Zachary Pall
The High Costs Of Costs: Fees As Barriers To Access Within The United States And Canadian Freedom Of Information Régimes, Zachary Pall
Cardozo Public Law, Policy & Ethics Journal
The article argues that the fee structures under the United States Freedom of Information Act (FOIA) and the Canadian Access to Information Act create significant barriers to accessing government records, undermining the principle of transparency. While both systems aim to balance access with resource management, the U.S. system is particularly criticized for its complexity and inefficiency, which discourages requesters and fails to serve the public interest. The Canadian system, though flawed, offers a more streamlined approach that could provide valuable lessons for reforming the U.S. system.
Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz
Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz
Cardozo Public Law, Policy & Ethics Journal
The Freedom of Information Act (FOIA) is increasingly outdated in the digital age due to its reliance on a request-driven model, which limits proactive disclosure of government information. The article argues that while FOIA was groundbreaking in its time, its failure to require agencies to affirmatively disclose information hinders transparency and public access, emphasizing the need for a shift towards a more proactive approach in line with modern technological capabilities.
Valuing Foreign Lives And Civilizations In Cost-Benefit Analysis: The Case Of The United States And Climate Change Policy, David A. Dana
Valuing Foreign Lives And Civilizations In Cost-Benefit Analysis: The Case Of The United States And Climate Change Policy, David A. Dana
Faculty Working Papers
This Article explores the case for including losses of foreign (non-U.S.) lives and settlements in the estimated cost to the United States of unmitigated climate change in the future. The inclusion of losses of such foreign lives and settlements in cost benefit analysis (CBA) could have large implications not only for U.S. climate change policy but also for policies adopted by other nations and the practice of CBA generally. One difficult problem is how to assess U.S. residents' willingness to pay to prevent the losses of foreign lives and settlements. This Article discusses internet-based surveys that are a first step …
The Shifting Border Of Immigration Regulation, Ayelet Shachar
The Shifting Border Of Immigration Regulation, Ayelet Shachar
Michigan Journal of International Law
While American immigration law is still largely informed by the doctrine of plenary power, which holds that "[a]dmission to the United States is a privilege granted by the sovereign" (as the Supreme Court asserted in Knauff more than fifty years ago), what has dramatically changed in recent years is the location of "our gates," which no longer stand at the country's territorial edges. Instead, the border itself has become a moving barrier, a legal construct that is not tightly fixed to territorial benchmarks. This shifting border of immigration regulation, as we might call it, is selectively utilized by national …
Adding Social Condition To The Canadian Human Rights Act, A. Wayne Mackay, Natasha Kim
Adding Social Condition To The Canadian Human Rights Act, A. Wayne Mackay, Natasha Kim
Reports & Public Policy Documents
Almost a decade ago, in June 2000, the Canadian Human Rights Act Review Panel conducted a comprehensive review of the Canadian Human Rights Act [CHRA] and recommended that “social condition” be added as a prohibited ground of discrimination. Since then, no action has been taken to implement this recommendation, despite calls for action from international bodies, political actors, human rights agencies and organizations, and academic commentators to provide protections from discrimination for those suffering from social and economic disadvantage. The authors analyze the experiences at the provincial level with socio-economic grounds of discrimination, jurisprudential developments under the Canadian Charter of …
Immigration Law: Nowhere To Turn-Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin
Immigration Law: Nowhere To Turn-Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin
Cardozo Journal of International and Comparative Law
The article argues that the use of the Freedom of Information Act (FOIA) by illegal aliens to obtain necessary documents for their removal hearings is ineffective and unfair. The government withholds crucial information, such as asylum interview notes, under FOIA exemptions, particularly exemption (b)(5), which is intended for internal memos and attorney work product. This practice denies asylum seekers the ability to prepare their cases adequately, leading to unfair removal hearings and violating their due process rights. The author advocates for legislative reform to ensure fair access to information and a meaningful opportunity to be heard.
Promoting Equality After Genocide, Sheri P. Rosenberg
Promoting Equality After Genocide, Sheri P. Rosenberg
Articles
The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular, in this struggle for equality is the role of the law A State establishes its common legal rights and duties through its legal institutions, which define the values and character of the nation. Legal institutions mediate these values and norms and through legal pronouncements provide a template for future civic engagement and social interaction. Equality and antidiscrimination jurisprudence is particularly important during the delicate period of transition alter genocide, because it grounds within society the normative shift …
Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall
UIC Law Review
No abstract provided.
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov
ExpressO
Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.
Curing The Bop Plague With Booker: Addressing Inadequate Medical Treatment In The Bureau Of Prisons, 41 J. Marshall L. Rev. 219 (2007), Natalie Hinton
Curing The Bop Plague With Booker: Addressing Inadequate Medical Treatment In The Bureau Of Prisons, 41 J. Marshall L. Rev. 219 (2007), Natalie Hinton
UIC Law Review
No abstract provided.
Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara
Cardozo Journal of Equal Rights & Social Justice
The note argues that while the federal government has made significant strides in combating human trafficking through legislation like the Trafficking Victims Protection Act (TVPA), these efforts are insufficient due to the decentralized nature of the crime. It emphasizes the necessity for greater involvement from state agencies and local non-governmental organizations (NGOs) to effectively address the diverse and localized manifestations of trafficking.