University of Miami School of Law
Stanford Law School
University of Maryland Francis King Carey School of Law
Georgetown University Law Center
Washington and Lee University School of Law
Komisi Pemilihan Umum Republik Indonesia
University of Cincinnati College of Law
Seton Hall Law
Seattle University School of Law
Cornell Law School
Introduction,
2023
Mississippi College School of Law
Introduction, Stephanie Durr
Mississippi College Law Review
The 2022 Mississippi College Law Review Symposium celebrated the 50th Anniversary of the Passage of Title IX. With the benefit of hindsight, the Symposium critically examined Title IX and its progeny, analyzing the benefits and the downfalls over the past fifty years. The 2022 Symposium celebrated Title IX for its accomplishments in eliminating sex-based discrimination in educational institutions but refused to let previous accomplishments overshadow the still-existing gender inequality. While history allows celebration, advocacy demands a commitment to work toward solutions for the persisting inequality. Armed with this intention, the Mississippi College Law Review set out to provide a forum …
Title Ix 50 Years Later. . . Reflections From A Title Ix Coordinator,
2023
Mississippi College
Title Ix 50 Years Later. . . Reflections From A Title Ix Coordinator, Dr. Kristena Gaylor
Mississippi College Law Review
On June 23, 1972, Congress enacted the Title IX Education Amendment of 1972. Title IX prohibits discrimination based on sex in education programs and activities operated by recipients of federal financial assistance. Title IX’s core is the concept that students may not be denied educational opportunities based on their sex. Title IX’s protections extend to school activities, including admissions, financial aid, student services, counseling services, athletics, and physical education. The Title IX legislation eliminates sex-based discrimination to ensure all students—both male and female––have access to and equality in education.
The enactment of Title IX led to an upward trajectory for …
A Third Way: Title Ix’S Potential Beyond Criminal And Civil Law Paradigms,
2023
UCLA School of Law
A Third Way: Title Ix’S Potential Beyond Criminal And Civil Law Paradigms, Gabriella Kamran
Mississippi College Law Review
A single occurrence of sexual violence on a college campus can lead to any of three major legal outcomes. The first is a traditional criminal prosecution of the alleged perpetrator. The second is a civil lawsuit against the school under Title IX, in which the victim alleges that the school’s disciplinary procedures failed to deliver an adequate response according to the body of law developed by courts interpreting Title IX. The third, which has become increasingly important and visible after a decade of student activism and initiatives by the Department of Education, is an administrative enforcement action by the Department’s …
Masking God In Resurrection School V. Hertel: One School’S Efforts To Exercise Religion During An Ongoing Pandemic,
2023
Mississippi College School of Law
Masking God In Resurrection School V. Hertel: One School’S Efforts To Exercise Religion During An Ongoing Pandemic, Sean Turnipseed
Mississippi College Law Review
SARS-CoV-2, colloquially termed “COVID-19,” dramatically altered the world in which we live. But no one would have guessed the virus would spark a flurry of litigation under the U.S. Constitution’s Free Exercise Clause. Shortly after the virus began to spread, former President Donald Trump advised a twoweek plan with hopes to “flatten the curve” of COVID-19’s impact. The plan encouraged individuals to avoid gatherings with ten or more people, work and attend school from home, eat at home rather than in restaurants, and avoid discretionary travel and shopping, to name a few. But the two-week plan did not effectively thwart …
Book Review: Rearranging The Apple Cart: Good-Faith Originalism And The Fourteenth Amendment,
2023
The University of Akron
Book Review: Rearranging The Apple Cart: Good-Faith Originalism And The Fourteenth Amendment, Daniel Coble
ConLawNOW
This essay reviews the book by Randy Barnett and Evan Bernick, The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (2021). Ask any constitutional law professor about how judges should or do interpret the Constitution, and you will likely hear an answer that ends in “ism.” In their latest book, Professors Randy Barnett and Evan Bernick discuss an “ism” that is found in our nation’s highest court, state courts, and academia: originalism. No matter which constitutional interpretation “ism” that one follows, this book provides an intimate and historical view of what two leading originalist scholars believe is the …
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling,
2023
Maurer School of Law: Indiana University
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.
The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …
The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World,
2023
Inter-American University of Puerto Rico School of Law
The Law Of The Territories Of The United States In Puerto Rico, The Oldest Colony In The World, Carlos Iván Gorrín Peralta
University of Miami Inter-American Law Review
The territorial law and policy of the United States changed towards the turn of the 20th century, as territorial expansion was no longer motivated by the extension of national borders, but by geopolitical, strategic and economic objectives. The new territories acquired in the Spanish American war were different from those previously annexed. The resulting constitutional doctrine of the Insular Cases differentiated the previous incorporated territories from the new unincorporated territories, which were not destined to be part of the U.S. nor to be admitted as new states. Despite purported changes in the relation with the United States in 1950-1952, Puerto …
This Isn't A Reality Show: How Social Media Livestreams Of High-Profile Criminal Trials May Violate One's Right To A Fair Trial,
2023
St. John's University School of Law
This Isn't A Reality Show: How Social Media Livestreams Of High-Profile Criminal Trials May Violate One's Right To A Fair Trial, Ryan Fenn
St. John's Law Review
(Excerpt)
Since the invention of television in 1927, the American legal system faced drastic changes. In 1935, the first trial was broadcast to the public in the case of Bruno Hauptmann. During the trial, “[e]laborate telegraph equipment” was installed in the courtroom, with “sound and motion picture equipment . . . plainly visible in the [courtroom] balcony.” From 1935 on, broadcasting technology has been utilized in the courtroom to convey the inner workings of certain courts to the public, which has stimulated debate over whether the use of this technology is conducive to a fair trial under the Sixth and …
Theft Of The American Dream: New York City's Third-Party Transfer Program,
2023
St. John's University School of Law
Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola
St. John's Law Review
(Excerpt)
On September 5, 2018, Paul Saunders discovered a notice on the front door of his mother’s home: it stated that the property, a Brooklyn brownstone owned by the family for over forty years, now belonged to a company called Bridge Street. His mother, seventy-four-year-old retired nurse Marlene Saunders, had been notified several months earlier that her home, valued at two million dollars, was in danger of being foreclosed because she owed New York City (the “City”) $3,792 in unpaid water charges. Her son had already paid the water bill, but when he contacted the water department, he discovered that …
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court,
2023
St. John's University School of Law
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
St. John's Law Review
In this third iteration of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied all digested Establishment Clause decisions by federal circuit and district court judges from 2006 through 2015. The first clause of the First Amendment to the United States Constitution directs that “Congress shall make no law respecting an establishment of religion.” That provision has generated decades of controversy regarding the appropriate role of religion in public life.
Holding key variables constant, we found that Catholic judges approved Establishment Clause claims at a 29.6% rate, compared with a 41.5% rate before non-Catholic …
Amending The Constitution Through Judicial Interpretation: A Comparative Study,
2023
Associate Professor of Public Law, College of Law, University of Sharjah
Amending The Constitution Through Judicial Interpretation: A Comparative Study, Essam Saeed Obeidi Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The Constitution is amended in two ways: the first is official following the procedures provided for in the Constitution, and the second is an informal amendment of the Constitution without following the formal procedures provided for in the constitutional document. Among the informal methods of amending the Constitution is the judicial interpretation where the constitutional judge exploits of the generality of the constitutional texts and their ambiguity and shortcomings in order to modify their meaning while keeping the form of the word unchanged by adding new meanings or replacing the existing meaning with a new meaning , The Constitutional Judge …
Legal Security Considerations In The Provisions Of The Iraqi Constitutional Court: A Comparative Study,
2023
Lecturer of Public Law , Department of Law, College Imam Al-Azam University, Baghdad, Republic of Iraq
Legal Security Considerations In The Provisions Of The Iraqi Constitutional Court: A Comparative Study, Nather Alqaisi Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The importance of monitoring the constitutionality of laws by establishing the foundations of the principle of legality and the protection of rights and freedoms relating to individuals, and when the constitutional judiciary exercise its function in the control of the constitutionality of laws, the provisions of the unconstitutional text of the law has been applied for a period of time and arranged the rights of individuals requires that the implementation of the provision impact Retroactive to the principle of legality, but the application of this concept to launch may lead to the absence of the principle of stability of legal …
Response: The Constitution Has Never Recognized Us As Full Persons: Or To What Politics Are Our "Protections" Returning?,
2023
The University of Akron
Response: The Constitution Has Never Recognized Us As Full Persons: Or To What Politics Are Our "Protections" Returning?, Marlon M. Bailey
ConLawNOW
This response engages with Marc Spindelman’s article, The New Intersectional and Anti-Racist LGBTQIA+ Politics: Some Thoughts on the Path Ahead, which offers a rethinking of critical precision about what is on the horizon for LGBTQ rights. The response calls for a reframing of the conversation by starting from the understanding that the Constitution, and by extension the law, is a political document and thus no realm of the Constitution or the law is impervious to politics. It then argues that instead of seeking recognition as full persons in the law and looking to a political document—the Constitution—for refuge from …
Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional,
2023
Cleveland State University College of Law
Taking The Gavel Away From The Executive Branch: The Indeterminate Sentencing Scheme Under S.B. 201 Is Ripe For Review And Unconstitutional, Jessica Crtalic
Cleveland State Law Review
In 2019, Senate Bill 201, also known as the Reagan Tokes Act, reintroduced an indeterminate sentencing scheme in Ohio whereby sentences are assigned in the form of a range. Under this sentencing scheme, the Ohio Department of Rehabilitation and Correction, through the parole board, has discretion to retain an inmate past the presumptive release date. This fails to afford the accused their guaranteed right to a jury trial, improperly places judiciary power in the hands of the executive branch, and scrutinizes the violation of due process such that the defendant is being denied a fair hearing and notice. Not only …
A House Built On Sand: The Qualified Immunity Case For Keeping The Smith Doctrine,
2023
St. Mary's University
A House Built On Sand: The Qualified Immunity Case For Keeping The Smith Doctrine, Joshua L. Johnston
St. Mary's Law Journal
No abstract provided.
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court,
2023
Seattle Pacific University
Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus
Honors Projects
The Supreme Court is often viewed with awe and the justices treated with reverence. It is the highest court in the United States, tasked with interpreting the law. But is the Supreme Court the neutral arbiter of justice it purports to be? Most recently, the 2022 ruling on Dobbs v. Jackson Women’s Health Organization overturned the fifty-year precedent of Roe v. Wade, causing the Court to face increasing scrutiny and questions of its legitimacy. I conduct a philosophical analysis of the arguments made by the justices in the opinions on Roe v. Wade, Planned Parenthood v. Casey, and …
More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless,
2023
City of Walla Walla, Washington
More Than Lip Service Is Required: Excessive Fines Clause Limitations Upon Fining The Homeless, Tim Donaldson
St. Mary's Law Journal
No abstract provided.
Public Accommodations Originalism’S Inability To Solve The Problems Of Online Content Moderation,
2023
St. Mary's University
Public Accommodations Originalism’S Inability To Solve The Problems Of Online Content Moderation, Vincent A. Marrazzo
St. Mary's Law Journal
In response to online platforms’ increasing ability to moderate content in what often seems to be an arbitrary way, Justice Clarence Thomas recently suggested that platforms should be regulated as public accommodations such that the government could prevent platforms from banning users or removing posts from their sites. Shortly thereafter, Florida passed the Transparency in Technology Act, which purported to regulate online platforms as public accommodations and restricted their ability to ban users, tailor content through algorithmic decision-making, and engage in their own speech. Texas followed suit by passing a similar law, and Arizona debated a bill purporting to regulate …
John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence,
2023
St. Mary's University
John Roberts And Owen Roberts: Echoes Of The Switch In Time In The Chief Justice’S Jurisprudence, Luke G. Cleland
St. Mary's Law Journal
No abstract provided.
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
