Morality in Media & National Center on Sexual Exploitation
University of Michigan Law School
Harvard Law School
University of Nevada, Las Vegas -- William S. Boyd School of Law
Touro College Jacob D. Fuchsberg Law Center
Cornell Law School
CUNY John Jay College
Fletcher School of Law and Diplomacy, Tufts University
Texas Fifth Court of Appeals
Fordham University School of Law
Lower Court Originalism,
2022
Boston College Law School
Lower Court Originalism, Ryan C. Williams
Boston College Law School Faculty Papers
Originalism is among the most significant and contentious topics in all of constitutional law and has generated a massive literature addressing almost every aspect of the theory. But curiously absent from this literature is any sustained consideration of the distinctive role of lower courts as expositors of constitutional meaning and the particular challenges that such courts may confront in attempting to incorporate originalist interpretive methods into their own decisionmaking. Like most constitutional theories, originalism has tended to focus myopically on a select handful of decisionmakers—paradigmatically, the Justices of the Supreme Court—as the principal expositors of constitutional meaning. While ...
Fixing "Litigating The Fix",
2022
Georgetown University Law Center
Fixing "Litigating The Fix", Steven C. Salop, Jennifer E. Sturiale
Georgetown Law Faculty Publications and Other Works
Merging firms have increasingly been asking trial courts to adjudicate their merger “as remedied” by a voluntary “fix.” These are remedies that have been rejected by (or never proposed to) the agency. This procedure is known as Litigating-the-Fix” (“LTF”). This article proposes a judicial procedure for managing cases in which the merging parties attempt to LTF. Our recommendations flow from a decision theory approach informed by the relevant LTF case law, the merger enforcement record, the language and goals of Section 7, and an economic analysis of the incentives of the parties and agencies created by LTF. Our recommendation addresses ...
The Positive And Negative Purcell Principle,
2022
Northwestern Pritzker School of Law
The Positive And Negative Purcell Principle, Harry B. Dodsworth
Utah Law Review
The Purcell Principle—the idea that courts should think twice about changing the rules before elections to avoid confusing voters—is sorely misunderstood. Despite deriving from a three-page opinion, the Purcell Principle has morphed into one of the Supreme Court’s most powerful election-law doctrines. By and large, the Court has interpreted the principle as a bright-line rule barring any judicial intervention close to elections and has overwhelmingly used the principle to uphold voting restrictions. That’s a problem because the Purcell Principle is not a bright-line rule. And it’s certainly not one that rubber stamps voting restrictions. To ...
2022 Esther Clark Moot Court Competition Finals,
2022
Roger Williams University
2022 Esther Clark Moot Court Competition Finals, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Where There Is A Right, There Is A Remedy—Or Is There?,
2022
Saint Louis University School of Law
Where There Is A Right, There Is A Remedy—Or Is There?, Grace Panicola
SLU Law Journal Online
Courts have repeatedly declined to allow causes of actions under the Constitution when Plaintiffs’ constitutional rights are violated by government officials. In this article, Grace Panicola discusses a pocket of governmental immunity that creates serious implications for Plaintiffs as they ultimately face inadequate remedies.
Disability Accessibility In Washington Courts,
2022
University of Washington Tacoma
Disability Accessibility In Washington Courts, Luke Byram
Access*: Interdisciplinary Journal of Student Research and Scholarship
In this article, disability access is explored in the United Kingdom, Ireland and Canada, examining court systems and the rights of defendants in a literature review. Then, disability accessibility and diversity are explored within the Washington court system utilizing semi-structured interviews with 17 practicing Washington State attorneys from diverse backgrounds and legal experiences who primarily practice criminal law in the courts. The article describes the current state of sign language interpretation and communication barriers within the courts for those who are disabled and the current accommodation standard and various communication and physical barriers for those with disabilities in the court ...
Demons & Droids: Nonhuman Animals On Trial,
2022
University of North Florida
Demons & Droids: Nonhuman Animals On Trial, Gerrit D. White
PANDION: The Osprey Journal of Research and Ideas
Nonhuman animal trials are ridiculous to the modern sensibilities of the West. The concept of them is in opposition to the idea of nonhuman animals—entities without agency, incapable of guilt by nature of irrationality. This way of viewing nonhuman animals is relatively new to the Western mind. Putting nonhuman animals on trial has only become unacceptable in the past few centuries. Before this shift, nonhuman animal trials existed as methods of communities policing themselves. More than that, these trials were part of legal systems ensuring they provided justice for all. This shift happened because the relationship between Christian authorities ...
Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency,
2022
Villanova University Charles Widger School of Law
Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith
Villanova Environmental Law Journal
No abstract provided.
Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp.,
2022
Villanova University Charles Widger School of Law
Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor
Villanova Environmental Law Journal
No abstract provided.
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above,
2022
Villanova University Charles Widger School of Law
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier
Villanova Environmental Law Journal
No abstract provided.
Introduction To Criminal Justice,
2022
Lynn University
Introduction To Criminal Justice, Sindee Kerker
Lynn University Digital Press Books
This iBook, replete with innovative learning tools, explores the three components of the American criminal justice system: police, courts, and corrections. Divided into ten chapters, the highly interactive text discusses a wide range of topics. Subjects like what constitutes a crime, constitutional rights, contemporary lawn enforcement issue, administration of justice, the court system, and various forms of corrections: jails, prisons, intermediate sanctions, and the juvenile justice system are explored. Recurring components of the iBook include: introductory high-profile media cases which, YouTube videos detailing various criminal justice career options (over 20), a Fact vs. Fiction section highlighting common myths and misperceptions ...
Men's Rights, Gun Ownership, Racism, And The Assault On Women's Reproductive Health Rights: Hidden Connections,
2022
West Virginia University
Men's Rights, Gun Ownership, Racism, And The Assault On Women's Reproductive Health Rights: Hidden Connections, Walter S. Dekeseredy
Dignity: A Journal of Analysis of Exploitation and Violence
In this current era characterized by much fear of, and anxiety about, the political influence and actions of the U.S. alternative right (alt-right), only a small number of men’s rights organizations receive attention from the media, the Democratic Party, or a large cadre of progressives. This article demonstrates that ignoring all-male anti-feminist organizations is a flawed strategy for challenging the recent rise of the alt-right because these misogynistic groups are heavily involved in the gun rights movement, major contributors to racist practices and discourses, and active participants in efforts to criminalize and curtail women’s access to abortion ...
Managing Judicial Discretion: Qualified Immunity And Rule 12(B)(6) Motions,
2022
Indiana University Maurer School of Law
Managing Judicial Discretion: Qualified Immunity And Rule 12(B)(6) Motions, Zachary R. Hart
Indiana Law Journal
Qualified immunity is a judicially created doctrine that shields government officials from personal liability for civil damages. Courts applying the doctrine, which is heavily dependent on the facts of the case, must determine whether the government officials’ conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known. This inquiry is discretionary as judges must determine if the alleged violation was “clearly established,” a term that the Supreme Court has defined in conflicting ways. Moreover, when federal judges conduct the qualified immunity inquiry at the Rule 12(b)(6) motion to dismiss stage, their ...
Penelitian Hukum Interdisipliner Pada Organisasi Peradilan: Pertemuan Pendekatan Hukum Dan Pendekatan Manajemen Serta Konsekuensi Metodologisnya,
2022
Sekolah Tinggi Hukum Indonesia Jentera
Penelitian Hukum Interdisipliner Pada Organisasi Peradilan: Pertemuan Pendekatan Hukum Dan Pendekatan Manajemen Serta Konsekuensi Metodologisnya, Dian Rositawati
The Indonesian Journal of Socio-Legal Studies
This article presents the relationship between legal principles and management principles in the judicial organization and how they affect the judiciary's performance. As an organization, the judiciary is bound by the rule of law principles, especially the principle of judicial independence, as stated in the constitution and laws. However, the courts as an organization are also influenced by management principles, which include viewing public organizations from efficiency, effectiveness, and service quality perspectives. This paper discusses the interaction and tension between these principles in a judicial organization and their methodological consequences. In the discussion about methodology, this paper will elaborate ...
Circuit Personalities,
2022
William & Mary Law School
Circuit Personalities, Allison Orr Larsen, Neal Devins
Faculty Publications
The U.S. Courts of Appeals do not behave as one; they have developed circuit-specific practices that are passed down from one generation of judges to the next. These different norms and traditions (some written down, others not) exist on a variety of levels: rules governing oral argument and the publishing of opinions, en banc practices, social customs, case discussion norms, law clerk dynamics, and even selfimposed circuit nicknames. In this Article, we describe these varying “circuit personalities” and then argue that they are necessary to the very survival of the federal courts of appeals. Circuit-specific norms and traditions foster ...
Tribal Sovereignty And Economic Efficiency Versus The Courts,
2022
Sandra Day O'Connor College of Law, Arizona State University
Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller
Washington Law Review
American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing rates. The vast majority of the over three hundred Indian reservations and the Alaska Native villages do not have functioning economies. This lack of economic activity starves tribal governments of the tax revenues that governments need to function. In response, Indian nations create and operate business ...
A Reflection Of Canadian Society? An Analysis Of Federal Appointments To Provincial Superior Courts By The Liberal Government Of Justin Trudeau,
2022
Acadia University
A Reflection Of Canadian Society? An Analysis Of Federal Appointments To Provincial Superior Courts By The Liberal Government Of Justin Trudeau, Erin Crandall
Dalhousie Law Journal
Recent reforms to Canada’s system of federal judicial appointments have sought to make the process more transparent and better able to produce a bench reflective of the society it serves. This paper reviews these reforms and using judicial appointment data (2016–2020), considers whether the Liberal government has met these objectives. The relationship between official bilingualism and representation on the bench is also considered. The paper finds that “diversity” on Canada’s federally appointed provincial courts remains unbalanced. While women have made up the majority of appointments since the Trudeau Liberals formed government in 2015, other equity-deserving groups, like ...
Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent,
2022
University of Louisville
Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger
The Cardinal Edge
No abstract provided.
Defining “Different”–How Distinctive Methods Of Textual Interpretation Led To The Abduction Enhancement Circuit Split,
2022
Pepperdine University
Defining “Different”–How Distinctive Methods Of Textual Interpretation Led To The Abduction Enhancement Circuit Split, Adam Manaa
Pepperdine Law Review
This note examines the federal circuit courts’ differing approaches to interpreting the robbery abduction enhancement in the United States Sentencing Guidelines. Specifically, this note sets forth how the Sixth Circuit’s strict method of textual interpretation in United States v. Hill led to the erroneous holding that the term “different location” refers to “a place different from the store that is being robbed.” This note argues the court should have taken a more holistic interpretative approach, taking the underlying purpose of the Guidelines into account.
Some Thoughts On Reply Briefs,
2022
Georgetown University Law Center
Some Thoughts On Reply Briefs, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
No abstract provided.
