Law and Politics Commons^™

Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short

Faculty Scholarship

merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a …

Chilling Social Media: Warrantless Border Searches Of Social Media Accounts Infringe Upon The Freedom Of Association And The Freedom To Be Anonymous Under The First Amendment, Atanu Das

Brooklyn Law Review

The Department of Homeland Security has instituted rules to allow Customs and Border Patrol officials to conduct a warrantless search the mobile device data, including social media accounts, of U.S. citizens entering the United States under the border search exception doctrine of the Fourth Amendment. However, U.S. Supreme Court jurisprudence has found that there are limits to government interference in the freedom of association and freedom to be anonymous. This essay analyzes such jurisprudence as it applies to the warrantless border search of social media accounts accessible from a mobile device and concludes that this warrantless search infringes the freedom …

Correspondence With A. Willis Robertson, Lewis F. Powell, Jr.

Powell Correspondence

No abstract provided.

The Twenty-Fifth Amendment: Law, History, And Recommendations For Reform, John D. Feerick, John Rogan

Miscellaneous

Handout for The Twenty-Fifth Amendment: Law, History, and Recommendations for Reform.

Shelby County And Local Governments: A Case Study Of Local Texas Governments Diluting Minority Votes, Sydnee Fielkow

Northwestern Journal of Law & Social Policy

No abstract provided.

The “Conscience” Rule: How Will It Affect Patients’ Access To Health Services?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

On May 2, 2019, the US Department of Health and Human Services (HHS) and Office of Civil Rights (OCR) released a final rule that heightens the rights of hospitals and health workers to refuse to participate in patients’ medical care based on religious or moral grounds. The rule covers OCR’s authority to investigate and enforce violations of 25 federal “conscience protection” laws. Tied to the US Constitution’s spending power, the rule applies to state and local governments, as well as public and private health care professionals and entities if they receive federal funds such as Medicare or Medicaid. The rule …

Restoring Effective Congressional Oversight: Reform Proposals For The Enforcement Of Congressional Subpoenas, Kia Rahnama

Journal of Legislation

This Article proposes possible legislative reforms to Congress’s exercise of its contempt power in combating non-compliance with subpoenas duly issued as part of congressional investigations. With the recent trends in leveraging congressional investigations as an effective tool of separation of powers, this Article seeks to explore the exact bounds of congressional power in responding to executive officers’ noncompliance with congressional subpoenas, and whether or not current practice could be expanded beyond what has historically been tried by the legislative branch. This Article provides a brief summary of the historic practice behind different options for responding to non-compliance with subpoenas (inherent …

When Soft Law Meets Hard Politics: Taming The Wild West Of Nonprofit Political Involvement, Lloyd Hitoshi Mayer

Journal of Legislation

Beginning in the 1990s and continuing today, many of the legal and psychological barriers to nonprofits becoming involved in electoral politics have fallen. At the same time, political divisions have sharpened, causing candidates, political parties, and their supporters to scramble more aggressively for any possible edge in winner-take-all political contests. In the face of these developments, many nonprofits have violated the remaining legal rules applicable to their political activity with little fear of negative consequences, especially given vague rules and a paucity of enforcement resources. Such violations include under reporting of political activity in government filings, fly-by-night organizations that exist …

Concerns About Ice Detainee Treatment And Care At Four Detention Facilities, John V. Kelly

United States Department of Homeland Security

In response to concerns raised by immigrant rights groups and complaints to the Office of Inspector General (OIG) Hotline about conditions for detainees held in U.S. Immigration and Customs Enforcement (ICE) custody, we conducted unannounced inspections of four detention facilities to evaluate their compliance with ICE detention standards.

Overall, our inspections of four detention facilities revealed violations of ICE’s 2011 Performance-Based National Detention Standards, which set requirements for facilities housing detainees. This report summarizes findings on our latest round of unannounced inspections at four detention facilities housing ICE detainees. Although the conditions varied among the facilities and not every problem …

Costs And Challenges Of The Hostile Audience, Frederick Schauer

Notre Dame Law Review

In my own newly famous city of Charlottesville, Virginia, as well as in Berkeley, Boston, Gainesville, Middlebury, and an increasing number of other locations, individuals and groups engaging in constitutionally protected acts of speaking, marching, parading, protesting, rallying, and demonstrating have become targets for often-large groups of often-disruptive counterprotesters. And although most of the contemporary events have involved neo-Nazi, Ku Klux Klan, and other white supremacist speakers who are met with opposition from audiences on the political left, it has not always been so. Indeed, what we now identify as the problem of the hostile audience has often involved more …

No Internet Does Not Mean No Protection Under The Cfaa: Why Voting Machines Should Be Covered Under 18 U.S.C. § 1030, Jack Dahm

Notre Dame Law Review

The U.S. Attorney General established a Cyber-Digital Task Force within the Department of Justice (DOJ) in February 2018. This newly created task force released its first public report on July 19, 2018. Then–Attorney General Jeff Sessions announced the release of the report, while promising that “[a]t the Department of Justice, we take these threats seriously.” The report was designed to answer the following question: “How is the Department [of Justice] responding to cyber threats?” The report begins by discussing the threat of foreign influence operations, described by the Task Force as “one of the most pressing cyber-enabled threats our Nation …

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

Protecting Local Authority In State Constitutions And Challenging Intrastate Preemption, Emily S.P. Baxter

University of Michigan Journal of Law Reform

In recent years, state legislatures have increasingly passed laws that prohibit or preempt local action on a variety of issues, including fracking, LGBTQIA nondiscrimination, and workplace protections, among others. Often, these preemption laws are a direct response to action at the local level. States pass preemption laws either directly before or directly after a locality passes an ordinance on the same subject. Scholars have seen these preemptive moves as the outcome of the urban disadvantage in state and national government due to partisan gerrymandering.

Preemption may be a feature of our governing system, but it has also become a problematic …

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Revival Of Economic Nationalism And The Global Trading System, Daniel C.K. Chow, Ian M. Sheldon, William Mcguire

Cardozo Law Review

The election of Donald ]. Trump to the U.S. Presidency coincided with the United States adopting an "America First" policy in trade. This policy reflects an underlying theory of economic nationalism that is fundamentally at odds with the current approach of the multilateral trading system established by the General Agreement on Tariffs and Trade and the World Trade Organization (GATT/WTO). The current multilateral system is based on a "positive sum game" theory, i.e., the view that cooperative trade concessions can increase the volume of trade for all nations involved and result in reciprocal and mutual benefits. A large body of …

Good Of My Patient: Who Gets To Decide?, Lauren Ruvo

Tennessee Journal of Race, Gender, & Social Justice

Physicians play a crucial role in helping patients make life or death decisions. However, all healthcare professionals have personal beliefs and biases that influence these decisions. This paper explores how physicians are able to uphold the Hippocratic ideal of doing what is in the best interest of the patient while taking into account their personal beliefs and biases. The paper begins by analyzing existing schools of thought around how to do what is best for the patient. While there are many different views, this paper looks at the main three: the bioethical movement, the paternalistic approach to medicine, and the …

Solidarity Economy Lawyering, Renee Hatcher

Tennessee Journal of Race, Gender, & Social Justice

This essay explores lawyering in the solidarity economy movement as an emergent approach to progressive transactional lawyering. The solidarity economy movement is a set of value-driven theories and practices that seeks to transform the global economy into a just economy that centers the needs of people and the planet. While the solidarity economy movement has been established for several decades in other parts of the world, the solidarity economy movement in the United States emerged in 2007. Over the last decade the movement has grown and gained significant momentum, with the rise of solidarity economy organizations and initiatives, as well …

Impact Transaction - Using Collective Impact Relational Contracts To Redefine Social Change In The Urban Core, Patience A. Crowder

Tennessee Journal of Race, Gender, & Social Justice

Called a “protest anthem” for urban America, Inner City Blues, the final single from R&B artist Marvin Gaye’s award-wining album What’s Going On, documents American urban life by detailing the systemic barriers to economic independence and social equality that plagued urban residents and the impact of these barriers on their daily lives. The song (and album) were released in 1971 as Gaye’s journalistic exploration of the poverty-induced challenges and frustrations of urban life. Almost fifty years later, unfortunately, not much has changed. This is because the operation of law in urban communities historically not been designed to work for …

Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly

United States Department of Homeland Security

During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to hold the …

Filling The Ninth Circuit Vacancies, Carl Tobias

William & Mary Bill of Rights Journal

Upon Republican President Donald Trump’s inauguration, the United States Court of Appeals for the Ninth Circuit experienced some pressing appellate vacancies, which the Administrative Office of the United States Courts (AO) carefully identified as “judicial emergencies” because the tribunal resolves a massive docket. Last year’s death of the iconic liberal champion Stephen Reinhardt and the late 2017 departure of libertarian former Chief Judge Alex Kozinski—who both assumed pivotal circuit leadership roles over numerous years—and a few of their colleagues’ decision to leave active court service thereafter, mean the tribunal presently confronts four judicial emergencies and resolves most slowly the largest …

A Second Opinion: Can Windsor V. United States Survive President Trump’S Supreme Court?, Artem M. Joukov

Journal of Law and Policy

This Article examines President Donald Trump’s recent recomposition of the United States Supreme Court and the potential effects on Windsor v. United States and its progeny. The Article considers whether the shifting balance of the Court may lead to reconsideration of Windsor, particularly via attempted exploits of the weaknesses in the standard of review applied to reach the decision. The Article will conclude that while revolutionary, Windsor lacked the doctrinal clarity of its offspring, Obergefell v. Hodges, and therefore may be at greatest risk of reversal by the increasingly conservative Court. In particular, the Court may rely on the conflict …

The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk

Pepperdine Dispute Resolution Law Journal

This article will survey: (1) the intended role of the media in a democracy; (2) the current polarized political climate in the United States; (3) the challenges facing the twenty-first century with the growth of technology, cable news, and online platforms; (4) the media's role in perpetuating conflict; and (5) propose that media professionals use Alternative Dispute Resolution (ADR) tools and processes to increase the public’s understanding of differing perspectives in our conflict-laden political discourse.

To Bail Or Not To Bail: Protecting The Presumption Of Innocence In Nevada, Ebeth Palafox, Brendan Mcleod

Nevada Law Journal Forum

This white paper aims to discuss the issues associated with bail reform in Nevada, provide an analysis of bail reform efforts across the country, and purpose possible solutions for obstacles to bail reform in Nevada. The white paper’s proposed recommendations for practical bail reform is a three-phase plan to eliminate the injustices that arise from Nevada’s current cash bail model.

Law And Economic Development In The United States: Toward A New Paradigm, Yong-Shik Lee

Catholic University Law Review

Economic development is the term that has been associated with less developed countries in the Third World (“developing countries”), not the economically advanced countries (“developed countries”), such as the Untied States. However, the changing economic conditions in recent decades, such as the widening income gaps among individual citizens and regions within developed countries, stagnant economic growth deepening economic polarization, and an institutional incapacity to deal with these issues, render the concept of economic development relevant to the assessment of the economic problems in developed countries. In the United States, these economic problems caused a significant political consequence such as the …

The Equal Rights Amendment: Why All U.S. States Have Not Ratified, Gina Tan, Mirren Galway

CURCE Annual Undergraduate Conference

Currently, enacted legislation for the equality of men and women in the United States does not exist. Despite many advancements, as of 2018, the equality of men and women is not explicitly stated in the U.S. constitution. There is a long history of discrimination against women in the U.S., and for some time now, there have been pushes toward constitutionalizing equality based on Sex. One such push came in 1923, shortly after women were granted the right to vote and The Equal Rights Amendment (ERA) was introduced. This amendment mandates that the “Equality of rights under the law shall not …

Crafting A Corporate Analogue To Criminal Disenfranchisement, B. Graves Lee Jr.

Michigan Business & Entrepreneurial Law Review

The Supreme Court’s 2010 decision in Citizens United v. FEC represented a sea change in the world of corporate citizenship. Although the decision dealt with campaign finance law, it has sparked significant discussion of the concept of corporate personhood more broadly. Corporations have increasingly taken advantage of legal rights previously reserved for individuals. This Note argues that where corporations reap the benefits of constitutional entitlements intended for individuals, they should suffer consequences for malfeasance similar to those imposed on individuals who engage in criminal conduct. Specifically, this Note advocates for limitations on corporate electioneering as a collateral consequence of a …

Managing The Misinformation Marketplace: The First Amendment And The Fight Against Fake News, Daniela C. Manzi

Fordham Law Review

In recent years, fake news has overtaken the internet. Fake news publishers are able to disseminate false stories widely and cheaply on social media websites, amassing millions of likes, comments, and shares, with some fake news even “trending” on certain platforms. The ease with which a publisher can create and spread falsehoods has led to a marketplace of misinformation unprecedented in size and power. People’s vulnerability to fake news means that they are far less likely to receive accurate political information and are therefore unable to make informed decisions when voting. Because a democratic system relies on an informed populace …

Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim

Loyola of Los Angeles Law Review

No abstract provided.

What Good Is Abstraction? From Liberal Legitimacy To Social Justice, Nimer Sultany

Buffalo Law Review

No abstract provided.

The Locked Gates To Tension City: The Commission On Presidential Debates, The Fec, And The Two-Party System, Tommy La Voy

Michigan Journal of Environmental & Administrative Law

Since John F. Kennedy and Richard Nixon walked into a Chicago television studio for the first general election presidential debate in 1960, candidate debates have been a fundamental aspect of presidential campaigns and have had broader effects on society at large. The Commission on Presidential Debates (“CPD”) has been in charge of organizing the general election debates since it was created in 1987 by the Democratic and Republican parties. In its tenure, the CPD has restricted its massive platform almost every election to the Republican and Democratic candidates through the use of criteria that seemingly follow the law’s requirement of …