Quarantine, Isolation, And Metaphorical Takings: Balancing Individual Rights And Public Health Responses To Disease Outbreaks,
2021
American University Washington College of Law
Quarantine, Isolation, And Metaphorical Takings: Balancing Individual Rights And Public Health Responses To Disease Outbreaks, Thomas Williams
Scholarly Articles in Law Reviews & Journals
Quarantine and isolation are methods employed by public health officials to control the spread of dangerous disease pathogens through physical isolation of those exposed or symptomatic. While use of these methods has declined in the last century through advances in medical knowledge and treatment, emerging disease threats will likely require increased reliance on them. Despite this, quarantine statutes and related regulations fail to provide compensation to those subject to them, and little recourse exists to make those individuals whole for losses incurred, though the pandemic has highlighted a need for work in this area. One means of shifting the burden …
Greening The Trust: Enforcing Pennsylvania's Environmental Rights And Duties To Combat Climate Change,
2021
William & Mary Law School
Greening The Trust: Enforcing Pennsylvania's Environmental Rights And Duties To Combat Climate Change, Julia E. Sappey
William & Mary Law Review
Over the last century, humans have warmed the planet by approximately 1.0°C. Pennsylvania’s average temperature has risen 1.8°F in the last hundred years, and climate scientists predict it will warm an additional 5.4°F by 2050. These rising temperatures create feedback loops, leading to warming that will eventually become irreversible. Warmer temperatures have already led to melting ice caps, rising sea levels, dangerous weather patterns, and food shortages. Human-produced greenhouse gases (GHG) are the largest contributing factor to this warming. The scientific community largely agrees that if humans do not reach carbon neutrality by 2050, damage to the climate will be …
Bitcoin Searches And Preserving The Third-Party Doctrine,
2021
St. Mary's University School of Law
Bitcoin Searches And Preserving The Third-Party Doctrine, Christine A. Cortez
St. Mary's Law Journal
Abstract forthcoming.
Reconstructing State Republics,
2021
Vanderbilt University Law School
Reconstructing State Republics, Francesca L. Procaccini
Vanderbilt Law School Faculty Publications
Our national political dysfunction is rooted in constitutionally dysfunctional states. States today are devolving into modern aristocracies through laws that depress popular control, entwine wealth and power, and insulate incumbents from democratic oversight and accountability. These unrepublican states corrupt the entire United States. It is for this reason that the Constitution obligates the United States to restore ailing states to their full republican strength. But how? For all its attention to process, the Constitution is silent on how the United States may exercise its sweeping Article IV power to “guarantee to every State in this Union a Republican Form of …
Lengthy Minimum Parole Requirements: A Denial Of Hope,
2021
Brigham Young University
Lengthy Minimum Parole Requirements: A Denial Of Hope, Heather Walker
Brigham Young University Prelaw Review
Using the Eighth Amendment, which prohibits cruel and unusual punishment, the Supreme Court has made sweeping changes to juvenile sentencing in the last fifteen years. The Court has stated that mandatory life sentences without the possibility of parole and life sentences without the possibility of parole for non-homicide offenders are unconstitutional. Nevertheless, there are still unanswered questions in juvenile sentencing. One under-researched aspect of this is the role that lengthy minimum parole requirements play in the constitutionality of juvenile sentencing. This type of sentencing lacks express legislative support, it does not have a legitimate penological justification, and it denies juveniles …
Marriage Equality's Lessons For Social Movements And Constitutional Change,
2021
William & Mary Law School
Marriage Equality's Lessons For Social Movements And Constitutional Change, William N. Eskridge Jr.
William & Mary Law Review
The marriage equality movement won its first state victory in 2003, and within a dozen years fifty states were handing out marriage licenses. The swiftness of the constitutional triumph was only possible because public opinion underwent a sea change in that period. Sexual and gender minorities achieved this remarkable turnaround once a critical mass, widely dispersed in the country, came out of their closets as committed couples (often raising children), and mainstream America found their stories more consistent with their own lives than they did a generation earlier. Other lessons of marriage equality’s success, however, are how hard it is …
Scotus In The Strait Of Messina: Steering The Course Between Private Rights And Public Powers,
2021
California Western School of Law
Scotus In The Strait Of Messina: Steering The Course Between Private Rights And Public Powers, Donald J. Smythe
Faculty Scholarship
The greatest challenge for any civilized society is to find the appropriate balance of rights and responsibilities between the individual and society. In the United States, the Supreme Court is the ultimate arbiter of the line between individual rights and governmental powers. The prerogatives and protections for private property rights help to define that line. The Supreme Court has developed two distinct bodies of constitutional jurisprudence bearing on the protections for private property, one under the doctrine of substantive due process and the other under the Takings Clause. But the appropriate balance has been difficult to achieve, and the Supreme …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021,
2021
Roger Williams University School of Law
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
Is This A Christian Nation? An Introduction,
2021
Roger Williams U. School of Law
Is This A Christian Nation? An Introduction, Carl T. Bogus
Law Faculty Scholarship
No abstract provided.
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online,
2021
St. Mary's University School of Law
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
St. Mary's Law Journal
Abstract forthcoming.
Racial Equality And Inequality In America And Lessons From Other Countries,
2021
Lewis & Clark Law School
Racial Equality And Inequality In America And Lessons From Other Countries, William Y. Chin
Cardozo Journal of Equal Rights & Social Justice
America, a mighty global hegemon supreme in military matters, regards itself as second to none, and where it leads, it expects other countries to follow. But on matters of race, America could follow the examples of countries that have taken the lead in experimenting with racial equality efforts and initiatives. From Brazil's "redemption through reading" prison program to the High Court of Australia's return of land to indigenous inhabitants, much could be learned from the lessons of other countries. That there is still much to learn about racial equality is evident from the police killing of George Floyd, a Black …
Fraudulent Transfers And Juries: Was Granfinanciera Rightly Decided?,
2021
Benjamin N. Cardozo School of Law
Fraudulent Transfers And Juries: Was Granfinanciera Rightly Decided?, David G. Carlson
Articles
In 1989, the Supreme Court ruled that a third party recipient of a fraudulent conveyance had a Seventh Amendment right to a jury trial when a bankruptcy trustee brought suit for a money judgment under Bankruptcy Code section 550(a). This was because, in 1791, an English bankruptcy trustee would have brought fraudulent transfer litigation in a court of law (not a court of equity) and would have obtained a money judgment. I maintain that the Supreme Court committed the classical logical error of Quaternio Terminorum—a false analogy. The analogy was that American bankruptcy trustees are like 18th century English bankruptcy …
Digital Gatekeepers,
2021
University of Georgia School of Law
Digital Gatekeepers, Thomas E. Kadri
Articles
If in William Blackstone's time we might have thought of a person's home as their castle, in Mark Zuckerberg's time we might say that their website is too. Under cyber-trespass laws like the Computer Fraud and Abuse Act, courts have treated online platforms as digital gatekeepers--as property owners that may permit and restrict access to websites much like landowners may do with private land in the real world. If platforms withhold their consent through words or inference, cyber-trespass laws let them enforce their preferences about who may access their services and gather information from the internet. Concerned about reputations and …
Presidential Transitions Within The Administrative State,
2021
Benjamin N. Cardozo School of Law
Presidential Transitions Within The Administrative State, Michael E. Herz, Katherine A. Shaw
Articles
No abstract provided.
Political Redistricting In The Post-Rucho Era,
2021
University of the District of Columbia School of Law
Political Redistricting In The Post-Rucho Era, Robert Fisch
University of the District of Columbia Law Review
In January of 2011, the infamous “Snake by the Lake” was born.2 Stretching along the southern coast of Lake Erie, the 9th Congressional District of Ohio covers a 120 mile-long thin strip of the state.3 The district is less than one mile wide at certain locations and is considered contiguous, a state constitutional requirement for congressional districts,4 only because the “snake” passes through portions of Lake Erie.5 In creating the district, the Ohio Republican Party, the majority party in the state legislature at the time, drew the boundaries with the intent to limit the voting power of the Democrats in …
Regulatory Takings: When Is Enough, Enough?,
2021
University of Kentucky
Regulatory Takings: When Is Enough, Enough?, Jacqueline Kerry Heyman
Journal of Natural Resources & Environmental Law
No abstract provided.
Searches By Environmental Protection Agencies: When Is A Warrant Necessary?,
2021
University of Kentucky
Searches By Environmental Protection Agencies: When Is A Warrant Necessary?, David Sparks
Journal of Natural Resources & Environmental Law
No abstract provided.
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures,
2021
William & Mary Law School
Divided Court Issues Bright-Line Ruling On Fourth Amendment Seizures, Jeffrey Bellin
Popular Media
No abstract provided.
Kebijakan Penghapusan Izin Lingkungan Dalam Ruu Cipta Kerja Dan Dampaknya Terhadap Pembangunan Berkelanjutan Di Indonesia,
2021
Dosen Fakultas Hukum, Universitas Diponegoro
Kebijakan Penghapusan Izin Lingkungan Dalam Ruu Cipta Kerja Dan Dampaknya Terhadap Pembangunan Berkelanjutan Di Indonesia, Kornelius Benuf, Abram Robert Aritonang, Supriardoyo Simanjuntak
Jurnal Hukum & Pembangunan
The government is currently discussing about Jobs Creation Bill on the implementation of national development. The drafting of Jobs Creation Bill is carriedout by applying the omnibus law system. However, on the Bill there are numbers of irregularities such as the removal of environmental permits and replaced with environmental agreements. This raises legal issues because the changes of terminology onthe Bill have juridical implications for the implementations of sustainable developments in Indonesia. This legal issue will be researched further in this study. The method used is normative juridical with secondary data in the form of primary legal materials ofthe Jobs …
Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag),
2021
Universitas Indonesia
Reformulasi Delik Makar Dalam Rancangan Kitab Undang-Undang Hukum Pidana Nasional Tahun 2019 (Sebuah Telaah Leksikal Terhadap Terminologi Aanslag), Yaris Adhial Fajrin
Jurnal Hukum & Pembangunan
The use of the term Makar as a translation of the word Aanslag in Indonesias CRIMINAL code currently triggers a variety of polemic because it has a lot of meaning, resulting in an ambiguity that causes no legal certainty to be guaranteed. Indonesias CRIMINAL code is currently in its case that it does not provide define and the limitations of Macar deeds so that the multitasking is still prone to occur. Addressing such a thing, it is necessary to reformulation the draft proceeding in the Penal Code in order to ensure the future legal certainty. The limitation of the performance …
