State and Local Government Law Commons^™

Cve And Constitutionality In The Twin Cities: How Countering Violent Extremism Threatens The Equal Protection Rights Of American Muslims In Minneapolis-St. Paul, Sarah Chaney Reichenbach

American University Law Review

In 2011, President Barack Obama announced a national strategy for countering violent extremism (CVE) to attempt to prevent the “radicalization” of potential violent extremists. The Obama Administration intended the strategy to employ a community-based approach, bringing together the government, law enforcement, and local communities for CVE efforts. Despite claiming to target extremism in all forms, government-funded CVE programs in the United States have almost exclusively focused on Islamic extremism. One pilot program focused on the Twin Cities in Minnesota—Minneapolis and St. Paul—home to the largest Somali community in the United States, most of whom are Muslim. The Trump Administration has …

University Of Baltimore Law Forum, Volume 50, Number 2 (Spring 2020)

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Pacheco V. State, Luke Griffin

University of Baltimore Law Forum

No abstract provided.

Nonexcludable Surgical Method Patents, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?

The traditional answer …

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard

Marquette Law Review

The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for …

Marijuana Law Reform In 2020 And Beyond: Where We Are And Where We’Re Going, Sam Kamin

Seattle University Law Review

With another presidential election now looming on the horizon, both political parties and both sides of the marijuana law reform debate are once again preparing for the possibility of a seismic change in how marijuana is regulated in the United States. In this Article, I lay out the state of marijuana law and policy in the United States today with an eye toward that uncertain future. I describe the differential treatment of marijuana under state and federal law and the tensions this causes for those seeking to take advantage of marijuana law reform in the states. I analyze recent changes …

Unfair-But-Not-Deceptive: Confronting The Ambiguity In Washington State’S Consumer Protection Act, Emily Beale

Seattle University Law Review

This Comment will argue that Washington state courts must promulgate a new, workable definition of “unfair-but-not-deceptive” under Washington’s Consumer Protection Act. Washington courts have acknowledged that a business act or practice can be unfair but not deceptive, but a simple recognition does not fulfill the liberal intentions of the Consumer Protection Act. By continuously declining to define unfair- but-not-deceptive, Washington courts have left consumers vulnerable and without recourse. This Comment will highlight the approaches developed by the federal government and other state governments on how to confront the ambiguity of unfair-but-not-deceptive and will propose a concrete definition for the term.

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

"Inciting A Riot": Silent Sentinels, Group Protests, And Prisoners' Petition And Associational Rights, Nicole B. Godfrey

Seattle University Law Review

This Article argues for increased legal protections for prisoners who choose to engage in group protest to shed light on the conditions of their incarceration. A companion piece to a similar article that focused on prisoner free speech rights, this Article uses the acts of protest utilized by the Silent Sentinels to examine why prisoners’ rights to petition and association should be strengthened. By strengthening these rights, the Article argues that we will advance the values enshrined by the First Amendment’s Petition Clause while simultaneously advancing the rights of the incarcerated millions with little to no political power.

The Article …

Black Women And Girls And The Twenty-Sixth Amendment: Constitutional Connections, Activist Intersections, And The First Wave Youth Suffrage Movement, Mae C. Quinn

Seattle University Law Review

On this 100th anniversary of the Nineteenth Amendment—and on the cusp of the fiftieth anniversary of the Twenty-sixth Amendment—this article seeks to expand the voting rights canon. It complicates our understanding of voting rights history in the United States, adding layers to the history of federal constitutional enfranchisement and encouraging a more intersectional telling of our suffrage story in the days ahead.

Thus, this work not only seeks to acknowledge the Twenty-sixth Amendment as important constitutional content, as was the goal of the article I wrote with my law student colleagues for a conference held at the University of Akron …

Does The Woman Suffrage Amendment Protect The Voting Rights Of Men?, Steve Kolbert

Seattle University Law Review

This Article—part of the Seattle University Law Review’s symposium on the centennial of the ratification of the Woman Suffrage Amendment—examines that open possibility. Concluding that the Nineteenth Amendment does protect men’s voting rights, this Article explores why and how that protection empowers Congress to address felon disenfranchisement and military voting. This Article also examines the advantages of using Nineteenth Amendment enforcement legislation compared to legislation enacted under other constitutional provisions.

Part I discusses the unique barriers to voting faced by voters with criminal convictions (Section I.A) and voters in the armed forces (Section I.B). This Part also explains how existing …

Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution, Klien Hilliard

Seattle University Law Review

Attorney–client privilege is one of the most important aspects of our legal system. It is one of the oldest privileges in American law and is codified both at the national and state level. Applying to both individual persons and corporations, this expanded privilege covers a wide breadth of clients. However, this broad privilege can sometimes become blurred in relationships between the corporation and the individuals it serves. Specifically, insurance companies and those they cover have complex relationships, as the insurer possesses a quasi-fiduciary relationship in relation to the insured. This type of relationship requires that the insurer act in good …

Professor Williams And The Education Debates In State Constitutional Law, Scott R. Bauries

Law Faculty Scholarly Articles

Professor Robert "Bob" Williams, whom The Honorable Jeffrey Sutton once aptly referred to as the "Dean of State Constitutional Law," has announced a well-earned retirement, leaving the world of state constitutional law teaching and scholarship without its most prominent and influential intellectual voice. Although it is clear based on mere citations to Professor William's work that he has influenced nearly every debate - and every scholar - in state constitutional law, this Essay contribution to the Festschrift in Professor William's honor outlines two strands of Professor William's work that have greatly influenced my own work.

The Urbanization Of International Law And International Relations: The Rising Soft Power Of Cities In Global Governance, Chrystie Swiney

Michigan Journal of International Law

This article examines the rising influence of cities in global governance and on international law, despite the existing international legal and political framework, which is designed to exclude them. It explores the various strategies and tools utilized by city leaders to leapfrog over their national counterparts in order to autonomously access the international policymaking and law-making world. These include (1) coalescing together to form large networks, which engage in city or “glocal” diplomacy; (2) allying with well-connected and well-resourced international organizations; (3) gaining inclusion in UN multilateral agendas; (4) mirroring state-based coalitions and their high-profile events; (5) harnessing the language …

Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler

Northwestern Journal of Law & Social Policy

No abstract provided.

A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips

Northwestern Journal of Law & Social Policy

No abstract provided.

Dispossessing Detroit: How The Law Takes Property, Mary Kathlin Sickel

University of Michigan Journal of Law Reform

Introduction for the University of Michigan Journal of Law Reform's Symposium “Dispossessing Detroit: How the Law Takes Property,” hosted on November 9 and 10, 2019.

Georgia’S Runoff Election System Has Run Its Course, Graham P. Goldberg

Georgia Law Review

Georgia requires candidates to earn a majority of
votes in their party’s primary to win elected office. The
majority-vote requirement—passed by the General
Assembly in 1964—is stained by racially-fraught
politics of the era, and even its alleged “good
government” goals are now antiquated. This Note
explores the history of Georgia’s majority-vote
requirement, examines two legal challenges to the law,
and analyzes its flaws and virtues. Finally, this Note
demonstrates that more appealing alternatives to the
majority-vote requirement exist and recommends that
Georgia replace its current runoff election system with
either ranked choice voting or a forty-percent
threshold-vote requirement.

Fighting Back To Protect Student Voting Rights, Joaquin Gonzales

Faculty Articles

Many people bemoan the relatively low voter-turnout rates in the United States, particularly among younger generations. However, student voters face a wide variety of obstacles that can deter them from democratic participation. Some of the oft-discussed obstacles include jurisdictions not accepting student ID cards for the purposes of voting and making it difficult for students to register to vote at their university addresses. An additional problem that deserves further attention is the lack of on-campus voting opportunities for college and university students, and the intentional efforts in some jurisdictions to further limit those opportunities. This essay examines the problem through …

Bankruptcy, Honorable Harlin D. Hale, Emma L. Persson

SMU Annual Texas Survey

No abstract provided.

Criminal Procedure: Confessions, Searches, And Seizures, Leonel V. Mata, Honorable Michael E. Keasler

SMU Annual Texas Survey

No abstract provided.

Franchise Law, Deborah S. Coldwell, Sally Dahlstrom, Wes Dutton, Iris Gibson, Jamee Munster

SMU Annual Texas Survey

No abstract provided.

Family Law, Anna K. Teller, Donald E. Teller Jr.

SMU Annual Texas Survey

No abstract provided.

Partnership Law, Troy Christensen, Jeff Dorrill, Matthew Schindel, Christopher Neal, Mary Claire Cranford

SMU Annual Texas Survey

No abstract provided.

Wills & Trusts, Gerry Beyer

SMU Annual Texas Survey

No abstract provided.

Real Property, J. Richard White, Amanda Grainger

SMU Annual Texas Survey

No abstract provided.

Check State: Avoiding Preemption By Using Incentives, Michael Allan Wolf

UF Law Faculty Publications

No abstract provided.

Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert

Indiana Journal of Law and Social Equality

No abstract provided.

The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs

Northwestern Journal of Law & Social Policy

No abstract provided.