The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence,
2019
Seattle University School of Law
The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter
Seattle Journal for Social Justice
No abstract provided.
Peña-Rodriguez V. Colorado: Carving Out A Racial-Bias Exception To The No-Impeachment Rule,
2019
St. Mary's University School of Law
Peña-Rodriguez V. Colorado: Carving Out A Racial-Bias Exception To The No-Impeachment Rule, John Austin Morales
St. Mary's Law Journal
The Sixth Amendment safeguards an accused in criminal proceedings and affords them “the right to a speedy and public trial, by an impartial jury.” Consistent with this right, the no-impeachment rule prohibits a juror from testifying after a verdict has been handed down about the jurors’ deliberations. While there are limited exceptions to the no-impeachment rule, juror expressed racial bias is not one of them. When presented with the dilemma of a juror using racial bias in deliberations, courts must weigh two competing doctrines that serve as the foundation to our judicial system: (1) affording a defendant his or her …
Brief Of Fred T. Korematsu Center For Law And Equality, American Civil Liberties Union Of Washington, Washington Association Of Criminal Defense Lawyers, And Washington Defender Association As Amici Curiae In Support Of Respondent,
2019
Seattle University School of Law
Brief Of Fred T. Korematsu Center For Law And Equality, American Civil Liberties Union Of Washington, Washington Association Of Criminal Defense Lawyers, And Washington Defender Association As Amici Curiae In Support Of Respondent, Robert S. Chang, Melissa Lee, Jessica Levin, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
State of Washington v. Cristian Delbosque
Table Of Contents,
2019
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Foreword,
2019
Washington and Lee University School of Law
Foreword, Michelle Lyon Drumbl
Washington and Lee Journal of Civil Rights and Social Justice
Michelle L. Drumbl, Clinical Professor of Law and Director of the Tax Clinic at W&L Law, introduces this issue of the Journal of Civil Rights and Social Justice, which includes material presented at and inspired by the Journal's 2018 symposium, Always with Us? Poverty, Taxes, and Social Policy.
A Typology Of Place-Based Investment Tax Incentives,
2019
University of Illinois College of Law
A Typology Of Place-Based Investment Tax Incentives, Michelle D. Layser
Washington and Lee Journal of Civil Rights and Social Justice
This Article makes several contributions to tax, poverty, and empirical legal literature. First, it defines the category of place-based investment tax incentives and identifies key elements of variation across the category. Despite their prevalence at all levels of government, place-based investment tax incentives remain undertheorized and largely undefined in the literature. The typology presented here reflects an analysis of three federal tax incentives (the New Markets Tax Credit, the Low-Income Housing Tax Credit, and the new Opportunity Zones law) and a detailed survey of tax incentives included in state enterprise zone laws. By defining this category of tax laws and …
Converging Welfare States: Symposium Keynote,
2019
University of Wisconsin Law School
Converging Welfare States: Symposium Keynote, Susannah Camic Tahk
Washington and Lee Journal of Civil Rights and Social Justice
Susannah Camic Tahk, Associate Dean for Research and Faculty Development and Associate Professor of Law at the University of Wisconsin Law School, speaks to the Journal of Civil Rights and Social Justice 2018 symposium, Always with Us? Poverty, Taxes, and Social Policy. She addresses the following questions: To what extent do the particular advantages of the tax antipoverty programs persist as the tax antipoverty programs take center stage? Can tax programs, once distinguished from their direct-spending counterparts on the grounds of relative popularity and legal and administrative ease of access maintain those hallmarks as the tax-based welfare state grows …
Extra Law Prices: Why Mrpc 5.4 Continues To Needlessly Burden Access To Civil Justice For Low- To Moderate-Income Clients,
2019
Washington and Lee University School of Law
Extra Law Prices: Why Mrpc 5.4 Continues To Needlessly Burden Access To Civil Justice For Low- To Moderate-Income Clients, R. Matthew Black
Washington and Lee Journal of Civil Rights and Social Justice
Whether alternative business structures might improve access to justice for low- to moderate-income clients remains a contentious matter.8 Because alternative business structures are generally unavailable, lawyers rely on 501(c)(3) non-profit status and sliding-scale fee structures to reach an underserved market of low-to moderate-income clientele. Nevertheless, use of a sliding- scale fee structure is rare—perhaps because it fails to maximize law firm profits. A sliding-scale fee structure also does not assist clients who need legal services, but do not qualify for LSC-funded programs and are unable to pay even a portion of subsidized legal fees.
This Note addresses why using a …
This Land Is Your Land? Survey Delegation Laws As A Compensable Taking,
2019
Washington and Lee University School of Law
This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman
Washington and Lee Journal of Civil Rights and Social Justice
While every state in the Union has a statute delegating in some form surveying authority to private entities, the practice has been especially visible and controversial due to pipeline construction in the Commonwealth of Virginia. A major point of contention in pipeline development has centered upon the ability of private companies to use delegated eminent domain powers to survey land for possible future development. While recent decisions by both a federal Virginia District Court and the state’s Supreme Court have upheld the state’s surveying delegation law from landowner challenges, the issue is far from resolved. Virginia therefore provides an ideal …
For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law,
2019
Washington and Lee University School of Law
For Him Who Shall Have Borne The Battle: How The Presumption Of Competence Undermines Veterans’ Disability Law, Chase Cobb
Washington and Lee Journal of Civil Rights and Social Justice
When the Veterans Administration denies a veteran’s claim for disability benefits it often does so based on the opinion of an expert medical examiner—usually a doctor or a nurse. But under a recent federal rule, the VA carries no burden of laying a foundation for the expert medical examiner’s opinion—no burden of establishing the quality of the expert’s education or the depth of her experience; no burden of establishing the scope of the expert’s training or the soundness of her reasoning. Instead, the VA may simply presume the qualifications of its own expert examiner and throw the burden on the …
Masthead,
2019
Washington and Lee University School of Law
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Establishment Of Religion Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Establishment Of Religion Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Rockland County,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division Second Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Pringle V. Wolfe (Decided 28, 1996),
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Pringle V. Wolfe (Decided 28, 1996)
Touro Law Review
No abstract provided.
Supreme Court Queens County,
2019
Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy,
2019
Touro University Jacob D. Fuchsberg Law Center
