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32,586 full-text articles. Page 1 of 809.

Locked Up And Trafficked Out: Prison Labor And The Thirteenth Amendment, Megan Massie 2023 University of St. Thomas, Minnesota

Locked Up And Trafficked Out: Prison Labor And The Thirteenth Amendment, Megan Massie

University of St. Thomas Law Journal

No abstract provided.


As If Prison Wasn't Bad Enough: Covid-19 And Intensified Interest In The Politics Of Crime (Luncheon Address), Paul Schnell 2023 University of St. Thomas, Minnesota

As If Prison Wasn't Bad Enough: Covid-19 And Intensified Interest In The Politics Of Crime (Luncheon Address), Paul Schnell

University of St. Thomas Law Journal

No abstract provided.


Winning A Case Is Not The End: Making The Right To Prison Health Care A Reality, Corene Kendrick 2023 University of St. Thomas, Minnesota

Winning A Case Is Not The End: Making The Right To Prison Health Care A Reality, Corene Kendrick

University of St. Thomas Law Journal

No abstract provided.


The Constitutional Right To Medical And Mental Health Care In Correctional Facilities, Andrew Noel 2023 University of St. Thomas, Minnesota

The Constitutional Right To Medical And Mental Health Care In Correctional Facilities, Andrew Noel

University of St. Thomas Law Journal

No abstract provided.


The Perspective Of Incarcerated Persons (Panel Discussion), Oray Fifer, Rudy Martinez, Paul Wright 2023 University of St. Thomas, Minnesota

The Perspective Of Incarcerated Persons (Panel Discussion), Oray Fifer, Rudy Martinez, Paul Wright

University of St. Thomas Law Journal

No abstract provided.


Allowing The Courts To Step In Where Needed: Applying The Plra's 90-Day Limit On Preliminary Relief, Catherine T. Struve 2023 University of St. Thomas, Minnesota

Allowing The Courts To Step In Where Needed: Applying The Plra's 90-Day Limit On Preliminary Relief, Catherine T. Struve

University of St. Thomas Law Journal

No abstract provided.


How Prisoners' Rights Lawyers Do Vital Work Despite The Courts (Symposium Keynote), Sharon Dolovich 2023 University of St. Thomas, Minnesota

How Prisoners' Rights Lawyers Do Vital Work Despite The Courts (Symposium Keynote), Sharon Dolovich

University of St. Thomas Law Journal

No abstract provided.


Abusing Taxation Of Court Costs By Government Lawyers To Chill Pro Se Civil Rights Claimants, Gregory Sisk, Alexandra Gannon, Nicole L. Stangl 2023 University of St. Thomas School of Law (Minneapolis)

Abusing Taxation Of Court Costs By Government Lawyers To Chill Pro Se Civil Rights Claimants, Gregory Sisk, Alexandra Gannon, Nicole L. Stangl

University of St. Thomas Law Journal

No abstract provided.


Mass Incarceration And Misinformation: The Covid-19 Infodemic Behind Bars, Rachel Kincaid 2023 University of St. Thomas, Minnesota

Mass Incarceration And Misinformation: The Covid-19 Infodemic Behind Bars, Rachel Kincaid

University of St. Thomas Law Journal

No abstract provided.


How Qualified Immunity Condones Rogue Behavior By Government Officers, Gregory Sisk 2023 University of St. Thomas School of Law (Minneapolis)

How Qualified Immunity Condones Rogue Behavior By Government Officers, Gregory Sisk

University of St. Thomas Law Journal

No abstract provided.


Taking The Prison Rape Elimination Act Seriously: Setting Clear Standards For Identifying And Protecting Vulnerable Prisoners From Sexual Violence In Confinement, Claire C. Barlow, Alexander D. Klein 2023 University of St. Thomas, Minnesota

Taking The Prison Rape Elimination Act Seriously: Setting Clear Standards For Identifying And Protecting Vulnerable Prisoners From Sexual Violence In Confinement, Claire C. Barlow, Alexander D. Klein

University of St. Thomas Law Journal

No abstract provided.


Dismantling The Discrimination-To-Incarceration Pipeline For Trans People Of Color, Chinyere Ezie 2023 University of St. Thomas, Minnesota

Dismantling The Discrimination-To-Incarceration Pipeline For Trans People Of Color, Chinyere Ezie

University of St. Thomas Law Journal

No abstract provided.


Access Denied: Public Records And Incarcerated People, Andrea C. Armstrong 2023 University of St. Thomas, Minnesota

Access Denied: Public Records And Incarcerated People, Andrea C. Armstrong

University of St. Thomas Law Journal

No abstract provided.


Welcome, Robert K. Vischer 2023 University of St. Thomas School of Law

Welcome, Robert K. Vischer

University of St. Thomas Law Journal

No abstract provided.


Prisoner Rights And Prison Conditions: Law Journal Symposium, Spring 2022, Gregory Sisk 2023 University of St. Thomas School of Law (Minneapolis)

Prisoner Rights And Prison Conditions: Law Journal Symposium, Spring 2022, Gregory Sisk

University of St. Thomas Law Journal

No abstract provided.


Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton 2023 University of Montana

Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton

Public Land & Resources Law Review

The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.


Note: Conflicting Common Law: Application Of The Self-Incrimination Clause As Applied To Smartphone Technology, Andrew Meena 2023 The University of Akron

Note: Conflicting Common Law: Application Of The Self-Incrimination Clause As Applied To Smartphone Technology, Andrew Meena

ConLawNOW

This essay discusses the murkiness in the law regarding the application of the Self-Incrimination Clause as it relates to modern technology of smartphones. It evaluates the pros and cons of a judicial solution to the existing conflict against a legislative solution. Rather than through regulation or statutory reform, the focus will be on the need for a contemporary judicial interpretation of the Self-Incrimination Clause in furtherance of the common law tradition that spawned the first understandings of the Fifth Amendment. Ultimately, this examination will call upon the Supreme Court to craft a modern application of the Self-Incrimination Clause by holding …


Congressional Meddling In Presidential Elections: Still Unconstitutional After All These Years; A Comment On Sunstein, Gary S. Lawson, Jack M. Beermann 2023 Boston University School of Law

Congressional Meddling In Presidential Elections: Still Unconstitutional After All These Years; A Comment On Sunstein, Gary S. Lawson, Jack M. Beermann

Faculty Scholarship

In a prior article, see Jack Beermann & Gary Lawson, The Electoral Count Mess: The Electoral Count Act of 1887 Is Unconstitutional, and Other Fun Facts (Plus a Few Random Academic Speculations) about Counting Electoral Votes, 16 FIU L. REV. 297 (2022), we argued that much of the 1877 Electoral Count Act unconstitutionally gave Congress a role in counting and certifying electoral votes. In 2022, Congress amended the statute to make it marginally more constitutional in some respects and significantly less constitutional in others. In response to a forthcoming article by Cass Sunstein defending the new Electoral Count …


What The Heller Is Going On With The Second Amendment: Are Licensing Requirements Living Up To The Heller Standard?, Josue Barron 2023 Texas A&M University School of Law

What The Heller Is Going On With The Second Amendment: Are Licensing Requirements Living Up To The Heller Standard?, Josue Barron

Texas A&M Journal of Property Law

The full extent and guarantees of the Second Amendment have yet to be understood in light of modern advances in weaponry. Further, there is little Supreme Court precedent to aid in defining the scope of the Second Amendment. With challenges to restrictions on concealed carrying of firearms in public, the Second Amendment requires much clarification. Federal circuit courts are divided on how to apply the Second Amendment to firearm licensing schemes and differ on the interpretation of the Heller decision. This Note provides guidance on understanding the core protection of the Second Amendment and the presumptions left by the Supreme …


Teacher Shortages And The Fundamental Right To Education In California, Chris Yarrell 2023 Pepperdine University

Teacher Shortages And The Fundamental Right To Education In California, Chris Yarrell

Pepperdine Law Review

That a qualified teacher workforce functions as the most important factor affecting student learning and achievement is beyond dispute. Yet, the right to education—which is a state obligation codified within all fifty 50 state constitutions—has been vindicated largely within the province of school finance litigation. Indeed, for nearly five decades, education litigants have brought school finance disputes in virtually every state, succeeding in more than half of them. Despite the hard-won victories notched by education litigants over this time, however, courts adjudicating school finance disputes have largely failed to move beyond declaring simple proscriptions on facially unequal school funding regimes. …


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