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2025

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Full-Text Articles in Law and Society

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi Apr 2025

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi

Articles

In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism [hereinafter National Strategy] with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however-particularly the social and political upheaval over protests of the war in Gaza-have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. Now, the Trump Administration explicitly purports to fight antisemitism by widespread attacks on universities over antisemitism on campus. Does this mean that the National Strategy has become anachronistic, …


Prosecuting Police, Guyora Binder, Anthony O'Rourke, Rick Su Apr 2025

Prosecuting Police, Guyora Binder, Anthony O'Rourke, Rick Su

Journal Articles

Prosecutors face criticism for prosecuting too many minority members and too few police. Recently, some reformers have won prosecutorial elections by pledging to change these priorities. Yet scholars have identified two impediments to police prosecutions. First, county prosecutors often answer to suburban voters indifferent to the excesses of city police. Second, prosecutors depend on those police to investigate their cases and to endorse them as effective. This Article argues that the influence of residents and police on prosecutorial decisions depends on the political geography of a prosecutor’s office. As a result, whether a prosecutor’s office is “city-based,” “regional,” or “state-appointed” …


Micro-Costs, Kiel Brennan-Marquez, Brendan S. Maher Apr 2025

Micro-Costs, Kiel Brennan-Marquez, Brendan S. Maher

Faculty Scholarship

The modern world is filled with tiny attentional impositions (cognitiveasks) that inflict small mental burdens (micro-costs) on virtually everyone, everywhere, all the time. Micro-costs make life worse, and everybody knows it. They sap collective energy; they lead to worse decisions; they exacerbate inequality; and they contribute to an overall sense of "mismanagement" in the world, a sentiment that readily pairs with destructive political impulses.

Yet the law has essentially ignored micro-costs-until now. In what follows, we construct a theory of micro-costs that gives the phenomenon analytic shape and charts a path forward for reform. Drawing on the insights of philosophy, …


On The Meaning Of Discrimination: Anti-Racism Versus Color- Blind Policy, Keith N. Hylton Apr 2025

On The Meaning Of Discrimination: Anti-Racism Versus Color- Blind Policy, Keith N. Hylton

Cardozo Journal of Equal Rights & Social Justice

Chief Justice Roberts of the United States Supreme Court has said that "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race. "I In this Article, I examine what it means to discriminate on the basis of race-or what it means to stop discriminating on the basis of race. I consider interventions designed to enhance social welfare in an economy with racially discriminatory games operating at its base. One set of interventions is color-blind, in the sense that it treats all actors alike regardless of race. The other set of interventions …


Protecting The Freedom Of Movement For All: A Proposal For Complete Street Policies That Prioritize The Needs Of Travelers With Idds And Autism In The Wake Of N.J. Bill S147, Olivia Handelman Apr 2025

Protecting The Freedom Of Movement For All: A Proposal For Complete Street Policies That Prioritize The Needs Of Travelers With Idds And Autism In The Wake Of N.J. Bill S147, Olivia Handelman

Cardozo Journal of Equal Rights & Social Justice

The note examines the groundbreaking implications of New Jersey Bill S147, which mandates the New Jersey Department of Transportation (NJDOT) to develop complete street designs specifically addressing the needs of individuals with intellectual and developmental disabilities (IDD) and Autism Spectrum Disorder (autism). This legislation represents a significant shift in complete streets policies, which traditionally focus on physical accessibility but rarely prioritize non-physical disabilities. The note argues that NJDOT’s implementation of these designs must include tailored strategies, such as mobility education, staff training, and improved signage, to ensure independent and safe travel for this population. By addressing these needs, New Jersey …


Disabled And Disenfranchised: The Fight For Reproductive Freedom And Democracy Post-Dobbs, Robyn M. Powell Apr 2025

Disabled And Disenfranchised: The Fight For Reproductive Freedom And Democracy Post-Dobbs, Robyn M. Powell

Cardozo Law Review

The Supreme Court has thrust abortion onto ballots nationwide, transforming fundamental rights into political battlegrounds. In the aftermath of Dobbs v. Jackson Women's Health Organization, people with disabilities face a perfect storm of eroded reproductive freedoms and persistent barriers to democratic participation. This Article exposes the hollow promise of the Court's purported deference to "the people's elected representatives," revealing instead a landscape where those most affected by abortion restrictions struggle to have their voices heard. The Court's invocation of democracy is arguably disingenuous, serving more as a rhetorical device than agenuine commitment to democratic principles. Nevertheless, engaging with this …


From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell Mar 2025

From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell

Undergraduate Honors Theses

This thesis examines the treatment of jury duty and voting in the United States through the philosophical framework of John Stuart Mill and Alexis de Tocqueville. While jury duty is legally mandated, voting remains optional, despite both civic responsibilities being foundational to democratic participation. This research explores the historical, theoretical, and practical implications of voting becoming compulsory in the United States, as it is in other democratic nations. The analysis includes a comparative case study of the impact of Australia’s mandatory voting to evaluate whether it could become compulsory in the U.S. Both philosophers offer insightful knowledge on the role …


Vol. 68, No. 11 (March 31, 2025) Mar 2025

Vol. 68, No. 11 (March 31, 2025)

Indiana Law Annotated

No abstract provided.


Law School News: Champions For Justice: Celebrating Alumni Leaders In Legal Advocacy And Social Impact 03-31-2025, Jane Govednik Mar 2025

Law School News: Champions For Justice: Celebrating Alumni Leaders In Legal Advocacy And Social Impact 03-31-2025, Jane Govednik

Life of the Law School (1993- )

No abstract provided.


Review Of In A Human Voice, Jean Keller Mar 2025

Review Of In A Human Voice, Jean Keller

The Journal of Social Encounters

No abstract provided.


Review Of Laboratories Of Autocracy: A Wake-Up Call From Behind The Lines, Neal Allen, Philip Pfeiffer Mar 2025

Review Of Laboratories Of Autocracy: A Wake-Up Call From Behind The Lines, Neal Allen, Philip Pfeiffer

The Journal of Social Encounters

No abstract provided.


Review Of God's Resistance: Mobilizing Faith To Defend Immigrants, Anna Peterson Mar 2025

Review Of God's Resistance: Mobilizing Faith To Defend Immigrants, Anna Peterson

The Journal of Social Encounters

No abstract provided.


Review Of Algorithms Of Resistance: The Everyday Fight Against Platform Power, John G. Mcnutt Mar 2025

Review Of Algorithms Of Resistance: The Everyday Fight Against Platform Power, John G. Mcnutt

The Journal of Social Encounters

No abstract provided.


Review Of Ordinary Whites In Apartheid Society: Social Histories Of Accommodation, Gary Prevost Mar 2025

Review Of Ordinary Whites In Apartheid Society: Social Histories Of Accommodation, Gary Prevost

The Journal of Social Encounters

No abstract provided.


Review Of Making A Way Out Of No Way, Walter W. Hill Jr. Mar 2025

Review Of Making A Way Out Of No Way, Walter W. Hill Jr.

The Journal of Social Encounters

No abstract provided.


The Regulatory Triad: Reimagining Environmental Law In The Post-Chevron Era, Shai Stern, Itay Biton Mar 2025

The Regulatory Triad: Reimagining Environmental Law In The Post-Chevron Era, Shai Stern, Itay Biton

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar Mar 2025

Get Your Act Together: The Alternative Fines Act In Federal Prosecutions Of Corporate Environmental Crimes, Josiah B. Harmar

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Pedagogy Of The Polluted: Environmental Justice For School Communities, Sarah M. Hofgesang Mar 2025

Pedagogy Of The Polluted: Environmental Justice For School Communities, Sarah M. Hofgesang

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz Mar 2025

Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Occupy, Nicholas Marti Mar 2025

Occupy, Nicholas Marti

Nebraska Journal on Advancing Justice

No abstract provided.


Rise Re-Entry Program, Rise Artists Mar 2025

Rise Re-Entry Program, Rise Artists

Nebraska Journal on Advancing Justice

No abstract provided.


Airport Milk Justice, Elsbeth Magilton Mar 2025

Airport Milk Justice, Elsbeth Magilton

Nebraska Journal on Advancing Justice

This creative and personal Essay explores the complex and often overlooked experience of a new working mother. Through a series of personal stories featuring airports and security personnel, this author navigates the struggles and lack of support from society for breastfeeding on-the-go. Ultimately, the author was able to use these personal experiences and turn them into a positive advocacy mission for herself and for other working mothers across the United States by finding solutions and reaching out to airport regulators. This piece highlights candidly the intersection between motherhood and the professional world by illustrating the difficulties and evolving expectations for …


A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole Mar 2025

A Love Letter To The Leaders: Why Recognizing And Discussing Secondary Trauma In Legal Work Will Benefit Your Staff, Your Clients, And Most Importantly, The Work, Isabel Corngold, Elizabeth Cole

Nebraska Journal on Advancing Justice

When you work in a client-facing, client-centered section of the law like criminal law, and specifically wrongful convictions, you encounter trauma. Many organizations, including innocence organizations, do not do a sufficient job to recognize and address the impact of that trauma on their staff. This piece seeks to explain the potential impact of this trauma by, one, defining the terms burnout; secondary and vicarious trauma; empathetic distress; countertransference; and compassion fatigue, and, two, listing out signs and symptoms that can be caused by experiencing any of these emotions. Drawing from the authors’ experiences in innocence organizations, this piece addresses leaders …


Extraterritorial Civil Liability After Mallory: A Potential New Weapon For Anti-Abortion States In The Interstate Abortion War, Velma Lockman Mar 2025

Extraterritorial Civil Liability After Mallory: A Potential New Weapon For Anti-Abortion States In The Interstate Abortion War, Velma Lockman

Nebraska Journal on Advancing Justice

Dobbs v. Jackson Women’s Health Organization marked the culmination of a decades-long movement to overturn the constitutional right to abortion established in Roe v. Wade. The decision commenced an interstate abortion war, in which anti-abortion states are now seeking to enforce their anti-abortion statutes in pro-abortion states. One such statute is Senate Bill 8 (“S.B.8”), a Texas anti-abortion statute that utilizes civil liability to prosecute anyone for “aiding or abetting” abortion.

The year after Dobbs, the Supreme Court issued their opinion in Mallory v. Norfolk Southern Railway Company, which upheld a Pennsylvania consent-by-registration statute and allows Pennsylvania courts to exercise …


Ecarrots: Prison Control And Profits From Correctional Tablets, Justin Iverson Mar 2025

Ecarrots: Prison Control And Profits From Correctional Tablets, Justin Iverson

Nebraska Journal on Advancing Justice

In recent years, tablets have gained tremendous popularity behind bars for their ability to expand access to educational and rehabilitative services for people in prison. However, there are downsides to tablet implementation, including high costs at the expense of a captive population and shifting power dynamics resulting in possible volatility. This Article examines the use of correctional tablets in jails and prisons as mechanisms for administrative control and profit-making in an era of beleaguered correctional budgets. It also considers legal and policy implications related to the disproportionately negative impact of the introduction of tablets on people in poverty, increased dependency …


Forewords To The Inaugural Issue, Njaj Editorial Board, Richard Moberly, Stefanie S. Pearlman, Kala Mueller, Danielle Jefferis, Brooklyn Terrill Mar 2025

Forewords To The Inaugural Issue, Njaj Editorial Board, Richard Moberly, Stefanie S. Pearlman, Kala Mueller, Danielle Jefferis, Brooklyn Terrill

Nebraska Journal on Advancing Justice

No abstract provided.


2024-25 Masthead, Njaj Editorial Board Mar 2025

2024-25 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.


A Loss For Public Participation, Jeffrey Lubbers Mar 2025

A Loss For Public Participation, Jeffrey Lubbers

Popular Media

Overshadowed in the blitzkrieg of orders and actions of the Trump Administration that are seemingly intended to assert complete presidential control over the executive branch was a recent rule issued by the U.S. Department of Health and Human Services (HHS) on March 3, 2025, signed by new Secretary Robert F. Kennedy, Jr.


Vol. 68, No. 10 (March 24, 2025) Mar 2025

Vol. 68, No. 10 (March 24, 2025)

Indiana Law Annotated

No abstract provided.


Law School News: Eddie Ahn Demonstrates The Impact Of Combining Advocacy, Creativity, And Authenticity 3-24-2025, Jane Govednik Mar 2025

Law School News: Eddie Ahn Demonstrates The Impact Of Combining Advocacy, Creativity, And Authenticity 3-24-2025, Jane Govednik

Life of the Law School (1993- )

No abstract provided.