Legal Writing and Research Commons^™

Max Weber Meets The Fair Housing Act: 'Life Chances' And The Need For Expanded Lost Housing Opportunity Damages, Christopher C. Ligatti

Belmont Law Review

This article will discuss the work of sociologist Max Weber, pioneer of the term “life chances,”and how the field of life chances has been adopted and expanded into placed-based theories such as “neighborhood effects” and the “geography of opportunity.” This article will then give a brief overview of the purpose of the Fair Housing Act and how its passage was not meant simply to combat offensive behavior, but to increase residential mobility. This article will also discuss how “lost housing opportunity” has previously been used by the courts. This section of the article will include a discussion of United States …

Undefined: A Call To Recognize, And Advocate For, Long-Term English Learners, Allyson Lynch

Belmont Law Review

This Note argues that the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act, should include a definition of long-term English learner (“LTEL”), and, additionally, set a minimum expectation for states and school districts that all English learner students achieve English Language Proficiency within a maximum of five years. It proceeds in four parts: Part I provides an overview of the English Learner population and discusses the current opportunities and obstacles of this population. Part II explores prevailing research on English learners, particularly as it relates to English language acquisition rates, which has shaped policy decisions …

“Mlk 50: Where Do We Go From Here?" Teaching The Memphis Civil Rights Movement Through A Therapeutic Jurisprudence Lens, Christina A. Zawisza

Belmont Law Review

As the nation pauses to commemorate the 50th anniversary of the assassination of Dr. Martin Luther King, Jr. on April 4, 1968, in Memphis, Tennessee, it is imperative that we study the epic civil rights history of Memphis which preceded this dreadful event, especially in the legal academy. Therapeutic Jurisprudence (TJ), with its focus on laws, legal processes, and legal actors, and the extent to which they can be therapeutic or antitherapeutic, is a fitting academic vantage point. The TJ repertoire of principles and techniques and the “genius loci,” a spirit of time and place which comes from the field …

A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria Hylton

Belmont Law Review

This paper explores public sector unions, unionized employee benefits, and public sector union member salaries in light of the Supreme Court's decision in Janus v. American Federation of State, County, and Municipal Employees. Three case studies are offered to support the argument that public sector unions exert too much influence over elected officials and taxpayers. A proposed solution is banning public sector unions.

Local Panel Discussion, Sam Jackson, Mary Beard, Karla Campbell, David Garrison, Ann Steiner, Jeffrey Usman

Belmont Law Review

Transcript of local panel discussion featuring Sam Jackson, Mary Beard, Karla Campbell, David Garrison, and Ann Steiner. The panel discussion was moderated by Professor Jeffrey Usman on March 19, 2018 at the Belmont Law Review Symposium 2018: The Modern Workplace: Contemporary Legal Issues in Employment and Labor Law.

Modern Legal History Series Free Speech Discussion, Ari Cohn, Jeffrey Usman

Belmont Law Review

Transcript of interview. Ari Cohn was interviewed by Professor Jeffrey Usman on March 19, 2018 at the Belmont Law Review Symposium 2018: The Modern Workplace: Contemporary Legal Issues in Employment and Labor Law. Cohn opens the interview by discussing his work with a nonprofit organization, FIRE. Later, he discusses the work done by FIRE's policy reform team. He speaks at length about freedom of speech issues on college campuses, referencing numerous cases, including Tinker v. Des Moines Independent Community School District and Hazelwood School District v. Kuhlmeier. The interview concludes with questions from the audience.

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Industry Panel, Jay Hardcastle, Andrew Mcdonald, Julie Watson Lampley, Kim Looney, Craig Stewart

Belmont Health Law Journal

A transcript of the Industry Perspectives panel discussion held during the Belmont Health Law Journal 2018 Symposium: “All Health Care is Local: Exploring the Roles of Cities and States in Health Care Delivery and Reform”.

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #2, Jeff Yarbro

Belmont Health Law Journal

I'm going to talk a little bit about just the big changes in the way that we make healthcare policy at the state and local level. The daily barrage of political information, the shutdown scandals, the tweets and tantrums on Cable News, make it difficult to see what I think have been some pretty big shifts in the water that makes up the way that we actually make healthcare policy and maybe lots of other policy. And if we're going to continue on this pathway, where not only do we have an expansion/non-expansion divergence, then we have a work requirement/non-work …

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Government Panel Summary, Tony Hullender, Gabe Roberts, Christopher Sabis, Jane Young, Marc Overlock

Belmont Health Law Journal

On Friday February 9th, 2018, the Belmont Health Law Journal hosted a symposium entitled All Health Care is Local: Exploring the Roles of Cities and States in Health Care Delivery and Reform. A panel of government lawyers representing various state and federal agencies and organizations took part in the symposium. The following is a summary of the discussion that took place.

America: Land Of The Shackled, Lauren Martin

Belmont Health Law Journal

This Note will demonstrate the detrimental effects of shackling a pregnant woman and will examine some of the efforts currently being made to prohibit the practice, as well as provide some suggestions for prohibitory legislation. Part II of this Note will discuss the background of this pervasive issue, both how it has been viewed by the courts and the ways in which it has been dealt with by state legislatures that have enacted anti-shackling laws. Part III of this Note will analyze the positions of those who support a ban on the use of restraints on pregnant inmates and detainees. …

Implementing 501(R): Has 501(R) Lived Up To Its Intended Purpose?, Brandon Huber

Belmont Health Law Journal

This Note proceeds in four parts. Part I steps back and takes a brief look at the history and background of federal tax law; specifically, as it relates to the hospital-specific requirements the IRS has placed on hospitals seeking to qualify or maintain taxexempt status over the years. Additionally, Part I discusses the incorporation and implementation of Section 501(r) into the Internal Revenue Code (“IRC”). Part II then explores the IRS’ enforcement of Section 501(r), including the IRS’ 2017 decision to revoke a “dual status” hospital’s tax-exempt status for non-compliance. Then, Part II will conclude by explaining how tax-exempt hospitals …

State Regulation Of Generic Drug Price Gouging, Philip Fitzgerald

Belmont Health Law Journal

This note acknowledges that the high cost of drugs, both generic and patented, is an important issue for patients and policy makers alike. This note focuses solely on generic drugs, as the rights of drug patent holders are protected by the Copyright Clause of the United States Constitution, which this note does not seek to address. Additionally, although the cost of drugs can be heavily impacted by Congress and federal regulatory agencies such as the Department of Health and Human Services and the Food and Drug Administration, this note will only look at the measures being taken by legislatures at …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, Table of Contents, Preface by Keith Rizzardi, Congratulatory letter from The Vatican, and selected excerpts from The Second International Conference on Climate, Nature, and Society for St. Thomas Law Review Volume 32, Issue 1, Fall 2019.

Can Accessibility Liberate The "Lost Ark" Of Scholarly Work?: University Library Institutional Repositories Are "Places Of Public Accommodation”, 52 Uic J. Marshall L. Rev. 327 (2019), Raizel Liebler, Gregory Cunningham

UIC Law Review

For any body of knowledge – an ark of power or a corpus of scholarship – to be studied and used by people, it needs to be accessible to those seeking information. Universities, through their libraries, now aim to make more of the scholarship produced available for free to all through institutional repositories. However, the goal of being truly open for an institutional repository is more than the traditional definition of open access. It also means openness in a more general sense. Creating a scholarship-based online space also needs to take into consideration potential barriers for people with disabilities. This …

Research Resources For Michigan Criminal Law, Kate E. Britt

Law Librarian Scholarship

Few areas of the law are as consequential to the personal lives of those involved as criminal law. The law can, and does, change quickly, and attorneys need to stay abreast of the latest developments to effectively represent their clients. Thankfully, modern government bodies publish current primary law (and many useful secondary sources) online. The sites outlined below will take users to reliable sources of Michigan criminal law and procedure.

Tuesday Morning Detective Work, Mary Whisner

Librarians' Articles

The author describes her process for tracking down information requested by a law student.

Prometheus, Sisyphus, Themis: Three Futures For Legal Education Research, Paul Maharg

Articles & Book Chapters

In almost every jurisdiction regulatory review of legal education has become more complex. It has not been matched by concomitant increase in the sophistication and complexity of the empirical research base, nor in the organisation of that research. As we pointed out in the LETR Report (2013), there are significant gaps in legal educational research. There is little co-ordination of research initiatives between academy and regulatory bodies on a sustained basis. There is little organisation by the academy of the increasing volume of research that it produces on legal education: a significant lack of longitudinal studies, very few ongoing and …

Review Of Draft No. 4, Beth Hirschfelder Wilensky

Reviews

"Draft No. 4" is an essay collection by John McPhee about his long career as a journalist for The New Yorker. This book review uses the essay collection as a jumping-off point to discuss the similarities and differences between legal writing and long-form journalism, and what legal writers can learn about the writing process from journalists like McPhee.

Sustainable And Open Access To Valuable Legal Research Information: A New Framework, Alex Zhang, James Hart

Faculty Scholarship

This article evaluates the current status of access to foreign and international legal research information, analyzes the challenges that information providers have experienced in providing valuable and sustainable access, and proposes a model that would help create and facilitate effective and sustainable access to valuable foreign, comparative, and international legal information.

Buried Treasure: Excavating Foreign Law From Civil Pleadings Filed In U.S. Federal Courts, Loren Turner

Articles

The Animal Science case is one of many cases in U.S. federal courts wherein parties rely in some measure on foreign law as part of a claim or defense. Yet, none of our legal research databases tracks and catalogs the foreign law and legal analysis filed in our courts. In fact, none of our legal research databases even provides an efficient way to find the foreign law and legal analysis filed in our courts. Despite the increasing frequency of cross-border litigation and the various types of cases that trigger a need to determine foreign law, access to foreign law as …

At The Intersection Of Health And Justice: How The Health Of American Indians And Alaska Natives Is Disproportionately Affected By Disparities In The Criminal Justice System, Bette Jacobs, Mehgan Gallagher, Nicole Heydt

Belmont Law Review

American Indian and Alaska Natives (AI/AN) are a neglected population in the United States. Their health and welfare needs are often swept aside and, because of historical treaty agreements with the United States government, they suffer disparities in the justice system and, consequently, poor health. A deep look into everyday life for an AI/AN tells a story of poverty and relatively low life expectancy, proportionately high incidences of disease, high rates of incarceration, and prolific alcohol and substance abuse. AI/ANs are incarcerated at a higher rate proportionately than their white counterparts. They experience harsher sentences, due in part to jurisdictional …

Title Vii Discrimination Protections & Lgbt Employees: The Need For Consistency, Certainty & Equality Post-Obergefell, Regina Hillman

Belmont Law Review

This article explores employment protections against discriminatory practices for LGBT Americans. Factors such as jurisdiction, employment type, and geography all play a role in whether or not protections are extended to LGBT individuals. This article also examines Title VII of the Civil Rights Act of 1964, the role of the EEOC in enforcing federal laws prohibiting discrimination, as well as executive orders and protections.

The Wake Of Wayfair: Addressing State Taxation Issues After South Dakota V. Wayfair., Leigh Stanfield

Belmont Law Review

This student note examines the impact of e-commerce on state tax revenue. It explores internet retail jurisprudence, and the South Dakota v. Wayfair, Inc. decision. It explores state approaches to taxing e-commerce revenue, as well as continuing issues in e-commerce taxation, and concludes with a model provision.

All Health Care Is Local: Exploring The Roles Of Cities And States In Health Care Delivery And Reform Keynote #1, Jeremy Faison

Belmont Health Law Journal

I'm going to talk to you about the legal justification for Tennessee to expand cannabis for certain sick Tennesseans. I believe I can prove to you if I had enough time that a prohibition on the cannabis plant was an unjust law from the beginning. So first of all the justification of what I'm doing, the justification starts with one thing. First of all, it was prevalent and commonplace in society for 5,000 years that we can trace humankind and nothing was bad. The next justification of what I'm doing is: America is there. In a poll from January 11th …

Defusing Bullies, Heidi K. Brown

Faculty Scholarship

No abstract provided.

Stylish Legal Citation, Alexa Z. Chew

Working Papers

Can legal citations be stylish? Is that even a thing? Yes, and this Article explains why and how. The usual approach to writing citations is as a separate, inferior part of the writing process, a perfunctory task that satisfies a convention but isn’t worth the attention that stylish writers spend on the “real” words in their documents. This Article argues that the usual approach is wrong. Instead, legal writers should strive to write stylish legal citations—citations that are fully integrated with the prose to convey information in a readable way to a legal audience.

Prominent legal style expert Bryan Garner …

Between Brady Discretion And Brady Misconduct, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The Supreme Court’s decision in Brady v. Maryland presented prosecutors with new professional challenges. In Brady, the Supreme Court held that the prosecution must provide the defense with any evidence in its possession that could be exculpatory. If the prosecution fails to timely turn over evidence that materially undermines the defendant’s guilt, a reviewing court must grant the defendant a new trial. While determining whether evidence materially undermines a defendant’s guilt may seem like a simple assessment, the real-life application of such a determination can be complicated. The prosecution’s disclosure determination can be complicated under the Brady paradigm because the …

References To Television Shows In Judicial Opinions And Written Advocacy (Part I), Douglas E. Abrams

Faculty Publications

No abstract provided.

Allowing Autistic Academics The Freedom To Be Autistic: The Ada And A Neurodiverse Future In Pennsylvania And Beyond, Brandon Stump

Law Faculty Articles and Essays

This Article focuses on those Autistics who have the ability, in terms of intellect credential, and measurable skill, to enter the workplace. In particular, this Article addresses Autistics who are academics and teach at the collegiate level, specifically in the American legal classroom. I have chosen a narrow subset of a broad community to make a targeted argument for employment protection which can help expand the law for the entire Autistic community. While we are different than neurotypically developed persons, "[m]any with [Autism Spectrum Disorder (ASD)] have a high attention to detail and the ability to sustain intense concentration in …

Slow Lawyering: How Law Practitioners Can Slow Down In A High-Speed World And Why It Matters, Susan Greene

Faculty Scholarship

No abstract provided.