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The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk 2023 University of California, Hastings College of the Law

The Unfulfilled Promise Of Environmental Constitutionalism, Amber Polk

Hastings Law Journal

The political push for the adoption of state-level “green amendments” in the United States has gained significant traction in just the last couple of years. Green amendments add an environmental right to a state’s constitution. Five such amendments were made in the 1970s in Pennsylvania, Montana, Hawaii, Massachusetts, and Illinois. This Article looks in depth at the case law that has developed the contours of these constitutional environmental rights in the wake of the political revival of environmental constitutionalism in the United States. I distill two lessons from this jurisprudence. First, constitutional environmental rights are interpreted by the courts ...


“Cancel Culture” And Criminal Justice, Steven Arrigg Koh 2023 University of California, Hastings College of the Law

“Cancel Culture” And Criminal Justice, Steven Arrigg Koh

Hastings Law Journal

This Article explores the relationship between two normative systems in modern society: “cancel culture” and criminal justice. It argues that cancel culture—a ubiquitous phenomenon in contemporary life—may rectify deficiencies of over- and under-enforcement in the U.S. criminal justice system. However, the downsides of cancel culture’s structure—imprecise factfinding, potentially disproportionate sanctions leading to collateral consequences, a “thin” conception of the wrongdoer as beyond rehabilitation, and a broader cultural anxiety that “chills” certain human conduct—reflect problematic U.S. punitive impulses that characterize our era of mass incarceration. This Article thus argues that social media reform proposals ...


James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter 2023 American University Washington College of Law

James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angela Porter

Articles in Law Reviews & Other Academic Journals

In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by ...


Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones 2023 The University of Southern Mississippi

Does Convenience Come With A Price? The Impact Of Remote Testimony On Expert Credibility And Decision-Making, Ashley Jones

Dissertations

Legal cases involving expert testimony, especially by forensic mental health professionals, is increasingly relying on remote testimony to reduce associated costs and increase availability of such services. There is some evidence to show that expert testimony delivered via videoconference (VC) is comparable to expert testimony delivered in person; however, the most compelling evidence for this claim is unpublished. Other evidence across disciplines showed relative comparability between VC and in-person modalities across various types of outcomes. Based on both unpublished and published findings, this study tested the hypothesis that minimal differences in measures of expert credibility, efficacy, and weight assigned to ...


Alternative Approaches To Police Interventions When Responding To Mental Health Crises Incidents, Karen Rivera Apolinar 2023 California State University San Bernardino

Alternative Approaches To Police Interventions When Responding To Mental Health Crises Incidents, Karen Rivera Apolinar

Electronic Theses, Projects, and Dissertations

Purpose: This study explored mental health workers perspectives on alternative approaches in responding to mental health crises.

The study was carried out in Southern California, in collaboration with mental health workers who currently work or previously have worked in mental health crisis. It adopted a post-positivists paradigm and data was gathered through individual interviews with mental health workers who have direct experience with mental health crisis response in the community and with the police. The twenty participants in the study were men and women working in the mental health field, and of various backgrounds, licensures, and ages.

The study found ...


Post V. Pre Arrest: A Diversionary Drug War, Angelica B. Manos 2023 Seton Hall University

Post V. Pre Arrest: A Diversionary Drug War, Angelica B. Manos

Student Works

No abstract provided.


Enforcing Consistency: A Comparative Analysis Of Geneva Convention Iv Violations In Morocco-Western Sahara And Israel-Palestine, Alexandra L. Wilson 2023 Seton Hall University

Enforcing Consistency: A Comparative Analysis Of Geneva Convention Iv Violations In Morocco-Western Sahara And Israel-Palestine, Alexandra L. Wilson

Student Works

No abstract provided.


#Juryduty: The Use And Abuse Of Social Media Communications Among Jurors And Implications Of The Sixth Amendment, Kat Zangari 2023 Seton Hall University

#Juryduty: The Use And Abuse Of Social Media Communications Among Jurors And Implications Of The Sixth Amendment, Kat Zangari

Student Works

No abstract provided.


The Magic Formula To Reducing Wrongful Convictions In The United States: Learning From The Italians On How To Eliminate Alford Pleas And Limit Prosecutorial Discretion, Brianna Martins 2023 Seton Hall University

The Magic Formula To Reducing Wrongful Convictions In The United States: Learning From The Italians On How To Eliminate Alford Pleas And Limit Prosecutorial Discretion, Brianna Martins

Student Works

No abstract provided.


Reformation Of Will Statutes And The Legality Of Ewills, Kareem A. Elsheryie 2023 Seton Hall University

Reformation Of Will Statutes And The Legality Of Ewills, Kareem A. Elsheryie

Student Works

No abstract provided.


Bail Reform: A More Holistic Approach - From A Cop's Perspective, Tricia E. Connolly 2023 Seton Hall University

Bail Reform: A More Holistic Approach - From A Cop's Perspective, Tricia E. Connolly

Student Works

No abstract provided.


As Real Estate Booms, So Does Appraisal Discrimination, Estefania Pugliese-Saville 2023 Seton Hall University

As Real Estate Booms, So Does Appraisal Discrimination, Estefania Pugliese-Saville

Student Works

No abstract provided.


Zero Transparency In A Perfect Storm: How Enforcement Actions Relating To The Cares Act Will Be The Most Numerous In U.S. History, George M. Fakes 2023 Seton Hall University

Zero Transparency In A Perfect Storm: How Enforcement Actions Relating To The Cares Act Will Be The Most Numerous In U.S. History, George M. Fakes

Student Works

No abstract provided.


The Constitutionality Of Non-Citizen Voting And Its Use In Modern Local Elections, Aaron Ayala 2023 Seton Hall University

The Constitutionality Of Non-Citizen Voting And Its Use In Modern Local Elections, Aaron Ayala

Student Works

No abstract provided.


The Ada And Website Accessibility: A Technical Problem Without A Technical Understanding, Marque Staneluis 2023 Seton Hall University

The Ada And Website Accessibility: A Technical Problem Without A Technical Understanding, Marque Staneluis

Student Works

No abstract provided.


“Housing Is Healthcare”: Better Health Through Housing First, Daniel McDonough 2023 Seton Hall University

“Housing Is Healthcare”: Better Health Through Housing First, Daniel Mcdonough

Student Works

No abstract provided.


From Newark’S Little Italy To Congress: How The Italian American Values Of Family, Pride, And Hard Work Influenced Congressman Peter Rodino’S Legislation, Francesca Simone 2023 Seton Hall University

From Newark’S Little Italy To Congress: How The Italian American Values Of Family, Pride, And Hard Work Influenced Congressman Peter Rodino’S Legislation, Francesca Simone

Student Works

No abstract provided.


Risks And Regulations: Criminal Prosecution Under The Controlled Substances Act Considering Ruan V. United States, Alex Jensen 2023 Seton Hall University

Risks And Regulations: Criminal Prosecution Under The Controlled Substances Act Considering Ruan V. United States, Alex Jensen

Student Works

No abstract provided.


Betting On The Future- How To Keep Nba Games Legitimate, Thomas Stewart 2023 Seton Hall University

Betting On The Future- How To Keep Nba Games Legitimate, Thomas Stewart

Student Works

No abstract provided.


Under The Microscope: A Comparative Analysis Of Nepal And Sri Lanka’S Women’S Right To Health, Analyzing A Micro Model Of A Macro Dilemma In The Fight For A Global Right To Health, Shawn B. Tuman 2023 Seton Hall University

Under The Microscope: A Comparative Analysis Of Nepal And Sri Lanka’S Women’S Right To Health, Analyzing A Micro Model Of A Macro Dilemma In The Fight For A Global Right To Health, Shawn B. Tuman

Student Works

No abstract provided.


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