Public Law and Legal Theory Commons^™

A (Re)Adoption Story: What Is Driving Adoptive Parents To Rehome Their Children And What Can Texas Do About It, Emma Martin

Texas A&M Law Review

Ava was adopted from Africa when she was four years old. She became the baby sister to two older brothers and the daughter to two loving, experienced parents. A year or two after Ava moved to America, she and her “forever family” attended a Colorado summer camp. All was seemingly well until the camp staff and the other families at camp started to notice something strange about the way Ava’s parents treated her compared to her brothers. After an activity, the parents greeted the brothers with an excited “did you have fun?” or “what did you learn?,” while the parents …

The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung

Brooklyn Journal of Corporate, Financial & Commercial Law

As the world braces itself for the unveiling of autonomous vehicles, the idea of regulation and oversight has gone largely undetected. Though some states have already begun enacting legislation ahead of the technology’s wide release, the regulatory landscape across the country is in disarray. It is imperative that both manufacturers and consumers be given some sort of uniform understanding as to how the automation is overseen throughout the manufacturing process and how liability will be levied in the case of inevitable mistakes on our nation’s roadways. This Note proposes that the National Highway Traffic Safety Administration be responsible for providing …

A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks

Northwestern Journal of Law & Social Policy

No abstract provided.

The Beginning Of The End: Implications Of Violating Userra, Jessica Vasil

DePaul Journal for Social Justice

No abstract provided.

Legislative, Executive, And Judicial Shaping Of The Foreign Intelligence Surveillance Act (Fisa) And The Need For A Cleared Federal Public Defender, Max W. Rerucha

DePaul Journal for Social Justice

No abstract provided.

A Treatise On International Development Law, David H. Lempert

DePaul Journal for Social Justice

No abstract provided.

Lost In Trans*-Lation: Why Title Vii Jurisprudence Fails To Address Issues Of Gender Identity In Employment Discrimination Litigation, Samantha Grund-Wickramasekera

DePaul Journal for Social Justice

No abstract provided.

The Detainment Of Families: Moral Implications Lacking In Legal Justifications, Stephanie Costa

DePaul Journal for Social Justice

No abstract provided.

The Dilemma Of Judicial Appointment In Egypt Questions Of Gender Equality, Elimination Of Political Opposition And Underprivileged Citizens, Shams Al Din Al Hajjaji

DePaul Journal for Social Justice

No abstract provided.

Letter From The Editors, Editorial Board

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Editorial Board

DePaul Journal for Social Justice

No abstract provided.

High-Stakes Interpretation, Ryan D. Doerfler

Michigan Law Review

Courts look at text differently in high-stakes cases. Statutory language that would otherwise be “unambiguous” suddenly becomes “less than clear.” This, in turn, frees up courts to sidestep constitutional conflicts, avoid dramatic policy changes, and, more generally, get around undesirable outcomes. The standard account of this behavior is that courts’ failure to recognize “clear” or “unambiguous” meanings in such cases is motivated or disingenuous, and, at best, justified on instrumentalist grounds.

This Article challenges that account. It argues instead that, as a purely epistemic matter, it is more difficult to “know” what a text means—and, hence, more difficult to regard …

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for screening refugees; offers …

Sb 219 - Autonomous Vehicles, W. Perry Hicks, Alan J. Ponce

Georgia State University Law Review

The Act amends Georgia’s Motor Vehicles and Traffic Code to create a legal framework for autonomous vehicles to operate in Georgia. Persons responsible for operating fully autonomous vehicles are exempted from holding a driver’s license. In the event of an accident involving an autonomous vehicle, the vehicle must remain at the scene and the operator of the autonomous vehicle must provide necessary information to law enforcement. Minimum liability insurance requirements for autonomous vehicles will be the same as minimum coverages required for the taxi and limousine industry after January 1, 2020. Minimum coverages are set at 250 percent of those …

Getting Local Governments Where They Need To Go Without Taking Taxpayers For A Ride: "Cabs," Why They Are Used, And What Can Be Done To Prevent Their Misuse, Heather G. White

St. Mary's Law Journal

Abstract forthcoming

Undocumented Citizens Of The United States: The Repercussions Of Denying Birth Certificates, Anna L. Lichtenberger

St. Mary's Law Journal

Abstract forthcoming

Picking And Choosing Text: Lessons For Statutory Interpretation From The Philosophy Of Language, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

Textualists claim that they follow statutory text. This Article argues that, in practice, textualists often create meaning rather than find it. Deploying the analytics of linguistic philosophy, this Article takes a deep dive into textualist methodology. The philosophy of language reveals what legal scholarship has left submerged: The very choice of text can put the thumb on the scales of any interpretation. When one pulls a term out of a statute and isolates it from the rest of the text (what I call “isolationist” method), this decontextualization offers the opportunity for adding and subtracting meaning from the statute by “pragmatic …

Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll

Maine Law Review

Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his …

Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp

Georgia State University Law Review

Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.

The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are …

Revisiting Popular Action, Raúl Sánchez Gómez

DePaul Journal for Social Justice

No abstract provided.

Toiling In Trump's Vineyard Of Alternative Facts Lining Its Random Walk, David J. Cook

DePaul Journal for Social Justice

No abstract provided.

The Erosion Of Civil Rights Remedies: How Ashcroft V. Al-Kidd Altered Qualified Immunity, Madeleine Sharp

DePaul Journal for Social Justice

No abstract provided.

Measuring “Progress” And “Regress” In Human Rights: Why We Need A Set Of Social Contract Measures To Replace Indices Of Violations And Slogans, David Lempert

DePaul Journal for Social Justice

No abstract provided.

Criminal Selectivity In The United States: A History Plagued By Class & Race Bias, Valeria Vegh Weis

DePaul Journal for Social Justice

No abstract provided.

Asian Americans And The Law: Sharing A Progressive Civil Rights Agenda During Uncertain Times, Harvey Gee

DePaul Journal for Social Justice

No abstract provided.

A Letter From The Editors, Depaul Journal For Social Justice Editorial Board

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents

DePaul Journal for Social Justice

No abstract provided.

Poverty Is The New Crime, Michelle Jenkins

DePaul Journal for Social Justice

No abstract provided.

Social Justice And Legal Writing Collaborations: Promoting Student Engagement And Faculty Fulfillment, Kirsten Clement, Stephanie Roberts Hartung

DePaul Journal for Social Justice

No abstract provided.

Cycle Of Misconduct:How Chicago Has Repeatedly Failed To Police Its Police, Elizabeth J. Andonova

DePaul Journal for Social Justice

No abstract provided.