Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (98)
- Law and Society (98)
- Constitutional Law (95)
- Legislation (93)
- Agency (89)
-
- State and Local Government Law (86)
- International Law (85)
- Land Use Law (82)
- Comparative and Foreign Law (77)
- Environmental Law (77)
- Property Law and Real Estate (77)
- Civil Rights and Discrimination (73)
- Civil Law (72)
- Law and Politics (72)
- Legal Writing and Research (71)
- Torts (71)
- Agriculture Law (70)
- Energy and Utilities Law (70)
- Food and Drug Law (70)
- International Trade Law (70)
- Law of the Sea (70)
- Legal Education (70)
- Natural Resources Law (70)
- Oil, Gas, and Mineral Law (70)
- Water Law (70)
- Common Law (68)
- Legal History (68)
- Litigation (68)
- Institution
-
- Seattle University School of Law (56)
- University of Richmond (29)
- University of San Diego (22)
- University of Maine School of Law (12)
- Florida Atlantic University (11)
-
- Brooklyn Law School (10)
- Fordham Law School (10)
- Schulich School of Law, Dalhousie University (10)
- Northwestern Pritzker School of Law (8)
- DePaul University (6)
- Yeshiva University, Cardozo School of Law (6)
- Villanova University Charles Widger School of Law (5)
- American University Washington College of Law (4)
- Notre Dame Law School (4)
- University of Michigan Law School (3)
- Association of Arab Universities (2)
- Loyola University Chicago, School of Law (2)
- National Law School of India University (2)
- United Arab Emirates University (2)
- Universitas Indonesia (2)
- University of Cincinnati College of Law (2)
- University of Tennessee College of Law (2)
- University of Washington School of Law (2)
- University of the District of Columbia School of Law (2)
- Vanderbilt University Law School (2)
- Columbia Law School (1)
- Dakota State University (1)
- Georgetown University Law Center (1)
- James Madison University (1)
- Lewis & Clark Law School (1)
- Keyword
-
- Law (12)
- College students (9)
- Periodicals (9)
- Research (9)
- SFFA (8)
-
- Affirmative Action (6)
- Constitutional law (6)
- Public interest (6)
- Shoreline (6)
- Diversity (5)
- Environmental law (5)
- Intertidal lands (5)
- Public access rights (5)
- Public beaches (5)
- Tidal mark (5)
- Education (4)
- Just compensation (4)
- Moody beach (4)
- Property law (4)
- Supreme Court (4)
- Takings clause (4)
- Bell (3)
- Bell v. town of wells (3)
- Colonial ordinance (3)
- Democracy (3)
- Federalism (3)
- Immigration (3)
- International law (3)
- Justice (3)
- Legal scholarship (3)
- Publication
-
- Seattle University Law Review (56)
- Richmond Public Interest Law Review (29)
- California Regulatory Law Reporter (22)
- Maine Law Review (12)
- Florida Atlantic University Undergraduate Law Journal (11)
-
- Fordham Environmental Law Review (9)
- Dalhousie Law Journal (8)
- DePaul Journal for Social Justice (6)
- Northwestern University Law Review (5)
- Brooklyn Journal of Corporate, Financial & Commercial Law (4)
- Brooklyn Law Review (4)
- Sustainable Development Law & Policy (4)
- 2023–2024 Flyers (3)
- Faculty Scholarship (3)
- Northwestern Journal of International Law & Business (3)
- 2024–2025 Flyers (2)
- Articles (2)
- Articles, Book Chapters, & Popular Press (2)
- Loyola University Chicago Law Journal (2)
- Notre Dame Law Review (2)
- Socio-Legal Review (2)
- Tennessee Journal of Law and Policy (2)
- The World Research of Political Science Journal (2)
- University of Cincinnati Law Review (2)
- University of the District of Columbia Law Review (2)
- Vanderbilt Law Review (2)
- Villanova Environmental Law Journal (1991 - ) (2)
- Villanova Law Review (1956 - ) (2)
- Washington Law Review (2)
- All Faculty Scholarship (1)
- Publication Type
- File Type
Articles 91 - 120 of 234
Full-Text Articles in Public Law and Legal Theory
A Brief History Of Voter Disenfranchisement Laws In The U.S., Christian Robinson
A Brief History Of Voter Disenfranchisement Laws In The U.S., Christian Robinson
Florida Atlantic University Undergraduate Law Journal
Following false claims of voter fraud during the 2020 presidential election, several conservative states sought to pass laws designed to limit voter fraud. However, these laws quite clearly restrict the electorate and disproportionally affect the political participation of minority, lower-class, and female voters. The trend of restricting voting rights in the U.S., whether implicitly or explicitly, is not new. Despite claiming to prioritize democratic participation, the U.S. has a history of laws that have limited eligible voters based on race, class, and gender. This is apparent through a close analysis of U.S. voting laws beginning with eligibility as determined by …
Defamation Law: A Comparison Of The Law Of Defamation In The Republic Of Ireland And In The United States Of America, Essie Toyo Wuddah
Defamation Law: A Comparison Of The Law Of Defamation In The Republic Of Ireland And In The United States Of America, Essie Toyo Wuddah
Florida Atlantic University Undergraduate Law Journal
The Depp v. Heard case in early 2022 took the global media by storm with the revelation of shocking facts and the endeavour to mend a man’s broken reputation. In this case, the defendant, Heard, accused Depp, her ex-husband of domestic abuse and many believed these accusations which in turn, sullied Depp’s reputation and negatively impacted his career. Depp maintained that the accusations were untrue and brought forth a defamation suit against Heard. This case undeniably sparked public interest in the law of defamation and its application across the world. The following article will delve into the topic of defamation …
Contributing Author Biographies, Editorial Team
Contributing Author Biographies, Editorial Team
Florida Atlantic University Undergraduate Law Journal
No abstract provided.
Reimagining Justice Without Execution: Should The Death Penalty Be Abolished?, Tanvi Desai
Reimagining Justice Without Execution: Should The Death Penalty Be Abolished?, Tanvi Desai
Florida Atlantic University Undergraduate Law Journal
Surrounded by controversy, the debate regarding the preservation, or lack thereof, of the death penalty in the United States has sparked intense discourse. It has remained the subject of profound controversy since its beginning during colonial times. Stemming from issues surrounding the ethicality of the capital punishment and the irreversible essence of it, many Americans have begun reevaluating the cruel punishment at hand and favoring the abolishment of the death penalty. As human life becomes increasingly vital in this generation, this paper will argue against the preservation of the death penalty for a multitude of reasons. These compelling reasons include …
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
A Short History Of The Interpretation-Construction Distinction, Gregory Klass
A Short History Of The Interpretation-Construction Distinction, Gregory Klass
Georgetown Law Faculty Publications and Other Works
This document collects for ease of access and citation three of my posts on the New Private Law Blog, which chart the conceptual history of the interpretation-construction distinction. The posts begin with Francis Lieber’s 1939 introduction of the concepts, then describes Samual Williston’s 1920 account of the distinction in the first edition of Williston on Contracts, and concludes with Arthur Linton Corbin’s 1951 reconceptualization in the first edition of Corbin on Contracts. The posts identify two different conceptions of the distinction. Under the first (Lieber and Williston), construction supplements interpretation. Under the second (Corbin), the two activities complement one …
A Survey Of Slavery & The Slave Trade Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic
A Survey Of Slavery & The Slave Trade Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic
CLIHHR Reports & Policy Submissions
This comprehensive report, compiled by the Benjamin B. Ferencz Human Rights and Atrocity Prevention (HRAP) Clinic at the Benjamin N. Cardozo School of Law from 2020 to 2024, surveys domestic slavery and slave trade laws across States Parties to the Rome Statute. Law students conducted comparative legal research examining how national legislation defines and criminalizes slavery, the slave trade, sexual slavery, and related practices such as trafficking and forced labor. Organized by region, the report presents constitutional and penal code provisions, assesses compliance with international humanitarian law, and highlights legal trends and gaps. It serves as a vital resource for …
The Penal Judgment Exception To Full Faith And Credit: How To Bind The Bounty Laws, Walker Mckusick
The Penal Judgment Exception To Full Faith And Credit: How To Bind The Bounty Laws, Walker Mckusick
Washington Law Review
In the current moment of interstate friction over abortion, the penal judgment exception poses a barrier against interstate enforcement of bounty laws. A doctor who prescribes a medicated abortion to a Texas patient may be exposed to civil liability—even in faraway Washington State. A Washington court asked to enforce a Texas judgment against the doctor is subject to the Full Faith and Credit Clause. Article IV, Section 1 of the United States Constitution mandates that each state give full faith and credit to judgments rendered in sister states. Under Texas Senate Bill 8 (S.B. 8), any member of the public …
Law, Critique And The Believer's Experience, Jean D'Aspremont
Law, Critique And The Believer's Experience, Jean D'Aspremont
Dalhousie Law Journal
I have come to think that, most of the time, radical critics of a given discursive practice were once believers in that practice’s necessities and realities. In particular, I am of the opinion that one comes to appreciate the power of a discourse only when one has genuinely and personally experienced the necessitarian pull as well as the realities such discourse creates. To put it in phenomenological terms, I think that radical scepticism is often the expression of some self-revulsion at one’s earlier beliefs. The phenomenological causality described here is thus not simply about the devastating rage that one can …
Judicial Discipline Through The Prism Of Public Law Values: A Critical Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman
Judicial Discipline Through The Prism Of Public Law Values: A Critical Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Bill C-9 is the first legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline system for federally appointed judges. In a previous essay published in Volume ?? of the Advocates’ Quarterly we offered a normative framework for assessment of a complaints and discipline system and identified seven key strengths of Bill C-9. In this sequel, we continue to apply this normative framework and argue that the legislation is marred by five significant weaknesses. We conclude that because the reforms …
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz
Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Letter From The Editor, Courtney Squires
Letter From The Editor, Courtney Squires
Richmond Public Interest Law Review
No abstract provided.
From Suspension To Mass Incarceration: Punishment Of Students With Special Needs And The School-To-Prison Pipeline, Bailey Ellicott
From Suspension To Mass Incarceration: Punishment Of Students With Special Needs And The School-To-Prison Pipeline, Bailey Ellicott
Richmond Public Interest Law Review
Since their inception in the late 1980s, zero-tolerance policies have been a cornerstone of American school discipline. Passed by legislators with the intent of protecting school children, these policies have disparately upended the education of marginalized students. School discipline of vulnerable students often paves the way to juvenile incarceration, which in turn exponentially increases the likelihood of adult incarceration. Moreover, students with disabilities, especially students of color with learning disabilities, are often physically pushed out of their classrooms through suspensions and other harsh disciplinary policies. This is only made worse by the presence of law enforcement in schools, who treat …
“Every Child Needs A Champion”: Foster Children With Disabilities And The Appointment Of Surrogate Parents Under Idea, Cassie A. Powell
“Every Child Needs A Champion”: Foster Children With Disabilities And The Appointment Of Surrogate Parents Under Idea, Cassie A. Powell
Richmond Public Interest Law Review
When a parent is absent, children in foster care who receive special education services are entitled to the appointment of a surrogate parent. This appointment is especially necessary due to the importance of the parent’s role in special education law and the often enhanced educational needs of children in foster care. However, the logistics of how surrogate parents are appointed and trained vary widely across the country. This article examines the legal landscape of the appointment of surrogate parents for children in foster care who receive special education services both nationally and in Virginia. This article also reviews the training …
The Challenges Of Meeting The Needs Of Virginia Students With Disabilities Through Individualized Education Programs, Hank Bostwick, Courtney Pugh, Latonya Slade, Sara Platenberg, Melissa Waugh
The Challenges Of Meeting The Needs Of Virginia Students With Disabilities Through Individualized Education Programs, Hank Bostwick, Courtney Pugh, Latonya Slade, Sara Platenberg, Melissa Waugh
Richmond Public Interest Law Review
The authors were honored to participate in a panel on “Understanding the IEP” at the Richmond Public Interest Law Review’s Symposium on October 27, 2023. The recommendations and strategies in this article are rooted in decades of combined experience and anecdotal observations from two special education attorneys and three special education advocates who serve Virginia’s children and families and help to develop appropriate Individualized Education Programs (“IEPs”) pursuant to the Individuals with Disabilities Education Act (“IDEA”). Recent criticism of Virginia’s system of special education and related services by state and federal agencies has laid bare deep-seated inconsistencies in how schools …
Letter From The Symposium Editors, Nicole Evans, Erin Sweet
Letter From The Symposium Editors, Nicole Evans, Erin Sweet
Richmond Public Interest Law Review
No abstract provided.
Navigating The Intersection Of Mckinney-Vento And Idea, Patricia A. Popp, Martha Crockett
Navigating The Intersection Of Mckinney-Vento And Idea, Patricia A. Popp, Martha Crockett
Richmond Public Interest Law Review
Students with disabilities who are also experiencing homelessness face compounded challenges related to attending and participating in school. These children and youth are provided educational protection through two federal laws: the 2004 “Individuals with Disabilities Education Act” (IDEA) and the McKinney-Vento (MV) Education of Homeless Children and Youth (EHCY) program. It is the responsibility of educators, school personnel, and families to carefully navigate the dual mandates in order to ensure equitable educational opportunities, while also meeting the unique needs of each student. The purpose of this article is to offer a foundation for understanding the intersection of the two laws …
504 Plans, School Gender Policy, And Gender Dysphoria: How The Case Of Kesha T. Williams May Change Education Policy, Clifford Clapp
504 Plans, School Gender Policy, And Gender Dysphoria: How The Case Of Kesha T. Williams May Change Education Policy, Clifford Clapp
Richmond Public Interest Law Review
Gender dysphoria affects transgender people at significantly higher rates than other populations. In the United States Court of Appeals for the Fourth Circuit case of Kesha T. Williams v. Stacey A. Kincaid, et al., 45 F.4th 759 (4th Cir. 2022), the Court found that the Fairfax County Sheriff’s Office, in denying Ms. Williams’ hormone replacement therapy for her gender dysphoria, had violated her right to equal treatment under the Americans with Disabilities Act (ADA). The Court generally found that, despite the ADA being written with animus toward transgender people, even under that language, gender dysphoria was not excluded from protection …
Breaking Barriers: Examining The Impact Of Special Education Services On Juvenile Justice Involvement, Madison Neale
Breaking Barriers: Examining The Impact Of Special Education Services On Juvenile Justice Involvement, Madison Neale
Richmond Public Interest Law Review
The following article is an exploration of the intersection between special education—namely, the long-repudiated practice of removing children with moderate disabilities from general education classrooms and placing them into “self-contained” classrooms away from their peers—and the involvement of those children in the criminal legal system. The article analyzes the parallels between the “othering” effect of segregating children with disabilities in schools, and the eventual segregation from their communities that they face in juvenile detention facilities. In a juvenile justice system where a disproportionate number of its children have been diagnosed with some form of intellectual or behavioral disability, this article …
The Invisibility Of The American Emigrant, Laura Snyder
The Invisibility Of The American Emigrant, Laura Snyder
DePaul Journal for Social Justice
No abstract provided.
"I Can't Breathe": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling
"I Can't Breathe": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling
DePaul Journal for Social Justice
No abstract provided.
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell
DePaul Journal for Social Justice
No abstract provided.
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder
DePaul Journal for Social Justice
No abstract provided.
Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins
Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents, Mecca Wilkinson
Table Of Contents, Mecca Wilkinson
DePaul Journal for Social Justice
No abstract provided.