University of Miami School of Law
The University of Maine
Northwestern University School of Law
American University Washington College of Law
University of Maryland Francis King Carey School of Law
Cornell Law School
Boise State University
Georgetown University Law Center
Washington and Lee University School of Law
San Jose State University
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality,
2023
University of Baltimore School of Law
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality, John D. Bessler
Washington and Lee Journal of Civil Rights and Social Justice
Through the centuries, capital punishment and torture have been used by monarchs, authoritarian regimes, and judicial systems around the world. Although torture is now expressly outlawed by international law, capital punishment—questioned by Quakers in the seventeenth century and by the Italian philosopher Cesare Beccaria and many others in the following century—has been authorized over time by various legislative bodies, including in the United States. It was Beccaria’s book, Dei delitti e delle pene (1764), translated into French and then into English as An Essay on Crimes and Punishments (1767), that fueled the still-ongoing international movement to outlaw the death penalty. …
The Court And Capital Punishment On Different Paths: Abolition In Waiting,
2023
Harvard Law School
The Court And Capital Punishment On Different Paths: Abolition In Waiting, Carol S. Steiker, Jordan M. Steiker
Washington and Lee Journal of Civil Rights and Social Justice
The American death penalty finds itself in an unusual position. On the ground, the practice is weaker than at any other time in our history. Eleven jurisdictions have abandoned the death penalty over the past fifteen years, almost doubling the number of states without the punishment (twenty-three). Executions have declined substantially, totaling twenty-five or fewer a year nationwide for the past six years, compared to an average of seventy-seven a year during the six-year span around the millennium (1997-2002). Most tellingly, death sentences have fallen off a cliff, with fewer the fifty death sentences a year nationwide over the past …
Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing,
2023
Bridgewater College
Privacy And Property: Constitutional Concerns Of Dna Dragnet Testing, E. Wyatt Jones
Honors Projects
DNA dragnets have attracted both public and scholarly criticisms that have yet to be resolved by the Courts. This review will introduce a modern understanding of DNA analysis, a complete introduction to past and present Fourth and Fourteenth Amendment jurisprudence, and existing suggestions concerning similar issues in legal scholarship. Considering these contexts, this review concludes that a focus on privacy and property at once, with a particular sensitivity to the inseverable relationship between the two interests, is Constitutionally consistent with precedent and the most workable means of answering the question at hand.
Rectifying An Empty Gesture: Why Placement On Paid Administrative Leave Should Constitute "Adverse Employment Action" For The Purposes Of A First Amendment Retaliation Claim,
2023
University of Cincinnati College of Law
Rectifying An Empty Gesture: Why Placement On Paid Administrative Leave Should Constitute "Adverse Employment Action" For The Purposes Of A First Amendment Retaliation Claim, Andrew White
University of Cincinnati Law Review
No abstract provided.
Taking The American Dream – A Remedy For Home Equity Theft Following The Sixth Circuit's Ruling In Harrison V. Montgomery County, Ohio,
2023
University of Cincinnati College of Law
Taking The American Dream – A Remedy For Home Equity Theft Following The Sixth Circuit's Ruling In Harrison V. Montgomery County, Ohio, Elizabeth Black
University of Cincinnati Law Review
No abstract provided.
The Eleventh Amendment And Nondiverse Suits Against States,
2023
University of Cincinnati College of Law
The Eleventh Amendment And Nondiverse Suits Against States, Collin Hong
University of Cincinnati Law Review
Since Hans v. Louisiana (1890), the Supreme Court has maintained that the Eleventh Amendment protects states from suits by plaintiffs who are citizens of other states and by citizens of that state, despite the text of the Eleventh Amendment specifying that only suits from citizens of other states are barred. Scholars have noted that what therefore protects the states from suits against their own citizens is not the Eleventh Amendment, but rather a common-law immunity that existed between nations at the founding. That immunity applied both to states and to foreign nations. This article argues that just as Congress has …
Freedom Of Algorithmic Expression,
2023
University of Cincinnati College of Law
Freedom Of Algorithmic Expression, Inyoung Cheong
University of Cincinnati Law Review
Can content moderation on social media be considered a form of speech? If so, would government regulation of content moderation violate the First Amendment? These are the main arguments of social media companies after Florida and Texas legislators attempted to restrict social media platforms’ authority to de-platform objectionable content.
This article examines whether social media companies’ arguments have valid legal grounds. To this end, the article proposes three elements to determine that algorithms classify as “speech:” (1) the algorithms are designed to communicate messages; (2) the relevant messages reflect cognitive or emotive ideas beyond mere operational matters; and (3) they …
Endnotes,
2023
American University Washington College of Law
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act,
2023
American University Washington College of Law
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Sustainable Development Law & Policy
The U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on …
It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine,
2023
American University Washington College of Law
It's Time To Trash Consumer Responsibility For Plastics: An Analysis Of Extended Producer Responsibility Laws' Sucess In Maine, Marina Mozak
Sustainable Development Law & Policy
Consumer responsibility for waste is a historic relic, dating back to a time when nearly all of a consumer’s waste was compostable, reusable, or marketable. Today, with the rise of plastics and complex goods like electronics, consumers lack the expertise, time, and ability to personally break down the products they consume for reuse. Much of our household waste goes to the curb and into a single stream of municipal solid waste (“MSW”). This includes a variety of wastes which each require specialized processing. Recycling this complex waste falls to municipalities which are woefully underfunded and underqualified to process such complex …
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?,
2023
American University Washington College of Law
Ohio House Bills 168 And 110: Just Another Drop In The Bucket For Brownfield Redevelopment?, Mia Petrucci
Sustainable Development Law & Policy
This article examines Ohio House Bills 168 and 110. These House Bills provide liability protection to purchasers of brownfield sites, allocate $500 million dollars to brownfield funding—with $350 million allotted for investigation, cleanup, and revitalization of brownfield sites and $150 million for demolition of vacant/abandoned buildings—and create a new Building Demolition and Site Revitalization Program, for the revitalization of properties surrounding brownfield sites. In the first three Sections of this article, the concept of brownfield redevelopment is introduced, the associated challenges with brownfield projects are discussed, and attempts by federal and state governments to address brownfield remediation challenges in the …
About Sdlp,
2023
American University Washington College of Law
About Sdlp, Sdlp
Sustainable Development Law & Policy
The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.
Editors' Note,
2023
American University Washington College of Law
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?,
2023
West Virginia University
The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?, Scot A. Reader
West Virginia Law Review
Even casual watchers of T.V. crime dramas understand the Fourth Amendment’s exclusionary rule. Under this rule, evidence obtained by the police in a search of a criminal suspect’s premises that exceeds the scope of a judicial warrant is almost always inadmissible in the suspect’s criminal trial. The rule is designed to deter unreasonable governmental intrusion into private affairs and applies without regard for the suspect’s guilt or innocence. This Article proposes that the First Amendment includes an analogous rule against governmental censorship. Under this rule, content-based speech regulations exceed the legislature’s speech rulemaking warrant and are almost always invalid. This …
The Supreme Court And New Frontiers In Religious Liberty,
2023
Yeshiva University, Cardozo School of Law
The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy
Event Invitations 2023
The Floersheimer Center for Constitutional Democracy is proud to present The Supreme Court and New Frontiers in Religious Liberty. Join us for a conversation with First Amendment experts to discuss the future of First Amendment Free Exercise and Establishment Clause jurisprudence.
Professor Michael Pollack will lead a discussion on the Court’s jurisprudence and its impact on civil liberties, religious liberty, and separation of church and state.
Panelists:
- Nelson Tebbe, Cornell Law School
- Mark L. Movsesian, St. John's University School of Law
- Elizabeth Reiner Platt, Columbia Law School
- Giselle Klapper, Sikh Coalition
Click here to view the flyer.
Redlining Reimagined: "Race-Neutral Alternatives" In The Likely Wake Of Affirmative Action,
2023
Duke Law
Redlining Reimagined: "Race-Neutral Alternatives" In The Likely Wake Of Affirmative Action, Margaret Kruzner
Duke Journal of Constitutional Law & Public Policy Sidebar
For a decade, Justice Clarence Thomas has sharply criticized the Court's treatment of affirmative action, the race-conscious university admissions processed used to pursue the educational benefits associated with diverse classrooms. Calling affirmative action a "faddish theory" that the "Constitution abhors," Justice Thomas signaled his readiness to overrule Grutter v. Bollinger, which endorsed the practice in 2003.
Justice Thomas and the Court's originalist Justices have a new opportunity to strike down affirmative action in the Students for Fair Admissions litigation. Students for Fair Admissions, a non-profit organization founded by Edward Blum, is suing Harvard College and the University of North …
Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink,
2023
Duke Law
Moore V. Harper: The Independent State Legislature Theory And The Court At The Brink, Braden Fain
Duke Journal of Constitutional Law & Public Policy Sidebar
Moore v. Harper tasks the Supreme Court with considering a fringe legal idea known as the Independent State Legislature Theory (ISLT). Donald Trump gave ISLT new life by invoking the theory during his attempts to overturn the results of the 2020 election. Instead of presidential elections, the litigation in Moore concerns congressional elections and partisan gerrymandering. Were the Court to accept ISLT, the theory would render states effectively impotent to curb gerrymandering and would aggrandize the Court's authority in federal elections. Scholars have recognized the theory's threat to American democracy and have accordingly produced a detailed record debunking the ISLT. …
The Supreme Court And New Frontiers In Religious Liberty,
2023
Yeshiva University, Cardozo School of Law
The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy
Flyers 2022-2023
Click here to view the event invitation.
Testamentary Restrictions On Marriage: A Reexamination Of In Re Estate Of Feinberg In Light Of Obergefell V. Hodges,
2023
University of St. Thomas, Minnesota
Testamentary Restrictions On Marriage: A Reexamination Of In Re Estate Of Feinberg In Light Of Obergefell V. Hodges, Christian Poppe
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Hamiltonian Constitutionalism Through The Ages: In Defense Of Public Goods,
2023
University of St. Thomas School of Law, Minnesota
Hamiltonian Constitutionalism Through The Ages: In Defense Of Public Goods, Dr. Charles J. Reid, Jr.
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
