Thompson V. Shapiro: Residence Requirements And The Right To Life,
2016
St. John's University School of Law
Thompson V. Shapiro: Residence Requirements And The Right To Life
The Catholic Lawyer
No abstract provided.
Fair Trial And Free Press,
2016
St. John's University School of Law
Fair Trial And Free Press, Herbert M. Anderson
The Catholic Lawyer
No abstract provided.
The Twilight Of Nonspeech,
2016
St. John's University School of Law
December 16, 2016: The Fed And The President Elect,
2016
Duquesne University
December 16, 2016: The Fed And The President Elect, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Fed and the President Elect“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism,
2016
Northwestern Pritzker School of Law
In States We "Trust": Self-Settled Trusts, Public Policy, And Interstate Federalism, Brendan Duffy
Northwestern University Law Review
Over the last twenty years, domestic asset protection trusts have risen in popularity as a means of estate planning and asset protection. A domestic asset protection trust is an irrevocable trust formed under state law which enables an independent trustee to allocate money to a class of
persons, which includes the settlor.
Since Alaska first enacted domestic asset protection legislation in 1997, fifteen states have followed its lead. The case law over the last twenty years addressing these trust mechanisms has, however, been surprisingly sparse. A Washington bankruptcy court decision, In re Huber, altered this drought, but caused more confusion …
Warning: Stop-And-Frisk May Be Hazardous To Your Health,
2016
William & Mary Law School
Warning: Stop-And-Frisk May Be Hazardous To Your Health, Josephine Ross
William & Mary Bill of Rights Journal
No abstract provided.
The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act,
2016
William & Mary Law School
The Flawed Reasoning Behind Johnson V. United States And A Solution: Why A Facts-Based Approach Should Have Been Used To Interpret The Residual Clause Of The Armed Career Criminal Act, Jake Albert
William & Mary Bill of Rights Journal
No abstract provided.
Reforming School Discipline,
2016
University of South Carolina School of Law
Reforming School Discipline, Derek W. Black
Northwestern University Law Review
Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.
Reformers have largely overlooked the connection between discipline and …
Knowledge And Fourth Amendment Privacy,
2016
Salmon P. Chase College of Law, Northern Kentucky University
Knowledge And Fourth Amendment Privacy, Matthew Tokson
Northwestern University Law Review
This Article examines the central role that knowledge plays in determining the Fourth Amendment’s scope. What people know about surveillance practices or new technologies often shapes the “reasonable expectations of privacy” that define the Fourth Amendment’s boundaries. From early decisions dealing with automobile searches to recent cases involving advanced information technologies, courts have relied on assessments of knowledge in a wide variety of Fourth Amendment contexts. Yet the analysis of knowledge in Fourth Amendment law is rarely if ever studied on its own.
This Article fills that gap. It starts by identifying the characteristics of Fourth Amendment knowledge. It finds, …
Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures,
2016
Northwestern Pritzker School of Law
Rental Home Sweet Home: The Disparate Impact Solution For Renters Evicted From Residential Foreclosures, David Lurie
Northwestern University Law Review
At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority–majority communities. Much of this attention—in both the media and in the legal arena—has been devoted to homeowners disadvantaged by predatory loans and other unsavory practices. However, a recent body of scholarship has shown that the brunt of mass foreclosure often falls on renters, who often have little or no procedural protection from speedy and unexpected eviction from their homes, regardless of lease status or tenure. This Note argues that the Supreme Court’s …
The Death Penalty And The Fifth Amendment,
2016
Duke Law School
The Death Penalty And The Fifth Amendment, Joseph Blocher
Northwestern University Law Review
Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?
Recent developments have given new hope to those seeking constitutional abolition of the death penalty. But some supporters of the death penalty continue to argue, as they have since Furman v. Georgia, that the death penalty must be constitutional because the Fifth Amendment explicitly contemplates it. The appeal of this argument is obvious, but its strength is largely superficial, and is also mostly irrelevant to …
Law And The Demise Of The Urban Ghetto Part Ii,
2016
St. John's University School of Law
Law And The Demise Of The Urban Ghetto Part Ii
The Catholic Lawyer
No abstract provided.
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion,
2016
St. John's University School of Law
Amendment Of The Abortion Law: Relevant Data And Judicial Opinion, John T. Noonan, Jr.
The Catholic Lawyer
No abstract provided.
Abortion Legislation And The Establishment Clause,
2016
St. John's University School of Law
Abortion Legislation And The Establishment Clause
The Catholic Lawyer
No abstract provided.
Abortion Litigation,
2016
St. John's University School of Law
Towards Constitutional Development Within The Church,
2016
St. John's University School of Law
Towards Constitutional Development Within The Church
The Catholic Lawyer
No abstract provided.
Obscenity: The Intractable Legal Problem,
2016
St. John's University School of Law
Obscenity: The Intractable Legal Problem, John Cornelius Hayes
The Catholic Lawyer
No abstract provided.
Waiver Of Immunity - Public Officials,
2016
St. John's University School of Law
Waiver Of Immunity - Public Officials, Robert E. Parella
The Catholic Lawyer
No abstract provided.
Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016,
2016
Roger Williams University School of Law
Rwu First Amendment Blog: Jenna Hashway's Blog: Blocking Women's March From Key D.C. Sites Risks Infringing On First Amendment Rights 12-12-2016, Jenna Wims Hashway, Roger Williams University
Law School Blogs
No abstract provided.
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription,
2016
University of Michigan Law School
Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott
Articles
In case after case, prosecutors, judges and juries therefore still struggle to come up with a definition of slavery, looking for some set of criteria or indicia that will enable them to discern whether the phenomenon they are observing constitutes enslavement. In this definitional effort, contemporary jurists may imagine that in the past, surely the question was simpler: someone either was or was not a slave. However, the existence of a set of laws declaring that persons could be owned as property did not, even in the nineteenth century, answer by itself the question of whether a given person was …
