Uniform Climate Control,
2020
University of Maine School of Law
Uniform Climate Control, Anthony Moffa
University of Richmond Law Review
Part I will briefly recount the recent history of subnational environmental law in the United States and the scholarly treatment of it. Part II will do the same with the model- and uniform-law movements. Part III will focus on the most successful organization in terms of drafting and promoting model legislation at the subnational level—the American Legislative Exchange Council (“ALEC”). Because ALEC’s efforts on climate change attempt to entrench inaction for the benefit of its fossil fuel industry members, Part IV examines organizations and resources that facilitate subnational action on climate change. In doing so, it also provides a taxonomy …
Precedent Within The High Court,
2020
Singapore Management University
Precedent Within The High Court, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
A number of Masters and a Registrar have recently indicated that they, when exercising High Court jurisdiction, are not bound strictly to follow prior decisions made by Judges in the High Court. This represents a notable departure from the position established by and within the High Court, where since the Judicature Acts of 1873 and 1875 an unquestioning obeisance of the Master and Registrar towards such decisions has been generally expected and offered. Delving into questions of power, authority and jurisdiction, and examining relevant legislation such as the Civil Procedure Rules, this article constructs and analyses various arguments for and …
Prosecutors And Police: An Unholy Union,
2020
Northern Illinois University College of Law
Prosecutors And Police: An Unholy Union, Maybell Romero
University of Richmond Law Review
This Article argues that, with the once-unheard-of step of prosecutors and police unionizing together in St. Louis, and with relationships between prosecutors and police trending toward growing closer all the time, government at all levels—federal, state, and local—should consider the potential risks of such relationships. Part I explores different types of relationships that go beyond what was once the traditional working relationship between police and prosecutors, including formalized labor unions, employee association groups, friendships, and even marriages. Part II discusses the varying conflicts and deleterious effects that such close relationships cause, unduly influencing investigation priorities and other policies. Part III …
The State Attorney General’S Duty To Advise As A Source Of Law,
2020
University of Richmond School of Law
The State Attorney General’S Duty To Advise As A Source Of Law, Winthrop Jordan
University of Richmond Law Review
This Comment seeks to help fill that gap by considering how a state attorney general’s duty to advise functions as a source of law, by proposing six general models of how the opinions of a state attorney general can alter the legal rights, duties, and relations of persons. In doing so, this Comment still seeks to acknowledge and respect the fact that each state’s individual constitution and traditions will create a unique role for its attorney general’s duty to advise in shaping state law.
Why Calls For Shifting To Brandeisian Economic Theory Are Flawed: An Evaluation Of The United States’ And European Union’S Approach To Vertical Mergers,
2020
George Mason University, Antonin Scalia School of Law
Why Calls For Shifting To Brandeisian Economic Theory Are Flawed: An Evaluation Of The United States’ And European Union’S Approach To Vertical Mergers, John A. Fortin
University of Richmond Law Review
The tech industry has exploded over the last few decades and progressives are advocating for a shift in antitrust review in the United States (US).1 Seeking a modified economic theory based on the writings of the late Justice Louis Brandeis (Brandeisian economic theory), these advocates seek to control the vertical expansion of dominant tech firms such as Amazon.2 On a broad level, this position argues for a shift of US antitrust regulatory review towards the European Union’s (EU) application of antitrust regulation. This paper provides a review of both US and EU antitrust review, provides a primer on vertical merger …
Restorative Lawyering: A Toolbox That Can Change The Profession,
2020
University of Richmond School of Law
Restorative Lawyering: A Toolbox That Can Change The Profession, Emily Lopynski
University of Richmond Law Review
I will begin in Part I by delving into two serious issues in the legal profession—professional dissatisfaction and client dissatisfaction. Then, in Part II, I will provide a brief overview of Restorative Justice and three of its key principles: Heal the Harm, Honor and Respect, and Empathy. In Part III, I extrapolate from these three Restorative Justice principles to create a “toolbox”13 of restorative lawyering. I will then explain how restorative lawyering will decrease professional and client dissatisfaction, distinguish restorative lawyering from alternative models, and address possible critiques and concerns.
Restorative Justice For Young Adults: Lessons From School Discipline,
2020
University of Richmond School of Law
Restorative Justice For Young Adults: Lessons From School Discipline, Caroline Perrin
University of Richmond Law Review
Public policy debates about discipline and punishment often center around a tension between punitive and rehabilitative ideals. Since the 1970s, there has been a trend in criminal justice away from rehabilitation and toward increasingly retributive forms of punishment. Both state and federal governments began to enact “zero-tolerance” laws in an effort to make up for perceived shortcomings in the criminal justice system. This led to a system where individuals were automatically punished for crimes that previously would have been addressed through more rehabilitative methods. The resulting zero-tolerance regime had a particularly disproportionate impact on the young-adult population being funneled through …
Gender-Differential Effects Of Perceived Discrimination On Lawyers' Job Satisfaction: A General Strain Theory Approach.,
2020
University of Louisville
Gender-Differential Effects Of Perceived Discrimination On Lawyers' Job Satisfaction: A General Strain Theory Approach., Caroline Isabelle Jalain
Electronic Theses and Dissertations
The purpose of this study was to investigate the direct and indirect relationships between workplace discrimination and job satisfaction for lawyers. Using the After the JD – Wave 1 data, a national longitudinal survey of law school graduates with a sample size of 4,538, and following a general strain theory approach, structural equation models were conducted to analyze gender-differential effects of perceived discrimination on lawyer’s job satisfaction. The results indicated that men and women lawyers differ in their experience with workplace discrimination and their job satisfaction. Notably, women lawyers were found to experience more instances of workplace discrimination compared to …
Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse,
2020
University of Mississippi
Analyses Of Prosecutorial Power And Discretion In Mississippi: Evaluating Proposals To Address Misconduct And Abuse, Lucy Pruitt
Honors Theses
This thesis seeks to create a policy proposal in order to address incidences of prosecutorial misconduct and abuse of discretion in the Mississippi criminal justice system. To do so, the author has summarized and analyzed seven criminal cases in which defendants have become victims of prosecutorial misconduct in order to shed light on the lack of prosecutorial accountability in the state’s criminal justice system. In an attempt to solve the problem, the author has developed a novel grading rubric in order to objectively and systematically analyze and evaluate previously proposed policy recommendations by legal experts and justice organizations. The successes …
An Open Letter To The Ohio Supreme Court: Setting A Uniform Standard On Anders Briefs,
2020
Cleveland-Marshall College of Law
An Open Letter To The Ohio Supreme Court: Setting A Uniform Standard On Anders Briefs, Matthew D. Fazekas
Cleveland State Law Review
Attorneys are faced with an ethical dilemma when they represent indigent defendants who wish to appeal a criminal sentence, but that appeal would be frivolous. In 1967, the United States Supreme Court, in Anders v. California, introduced a procedure protecting the rights of indigent defendants that balanced the ethical concerns of an attorney forced to file a frivolous appeal. In 2000, the Court in Smith v. Robbins held that the states can set their own procedure for the aforementioned ethical dilemma, so long as it protects the rights of indigent defendants in compliance with the Fourteenth Amendment. This has …
Decoding Judicial Reasoning In China: A Comparative Empirical Analysis Of Guiding Cases,
2020
Chicago-Kent College of Law
Decoding Judicial Reasoning In China: A Comparative Empirical Analysis Of Guiding Cases, Runhua Wang
Cleveland State Law Review
The judicial system in China recently started using legal precedents—known as guiding cases—as a new legal source to eliminate adjudicative inconsistency. Guiding cases (“GCs”) present the current judicial reasoning to some extent and can be used to predict the future of judicial reasoning in China. What are GCs? What legal issues do GCs address? How do they address legal issues? How do GCs affect the legal system and adjudication in China? This Article answers these questions with empirical evidence and comparisons to judicial reasoning in the United States. It is the first empirical research providing a systematic review of all …
Land Of The Free, If You Can Afford It: Reforming Mayor's Courts In Ohio,
2020
Cleveland-Marshall College of Law
Land Of The Free, If You Can Afford It: Reforming Mayor's Courts In Ohio, Lucia Lopez-Hisijos
Cleveland State Law Review
Unlike most states in America, Ohio has a unique system of punishing minor misdemeanors and ordinance violations through municipal institutions called mayor’s courts. In 2017, Ohio had 295 of these courts, and they heard nearly 300,000 cases. But these are not normal courts. Ohio’s mayor’s courts do not conduct ability to pay hearings and can jail defendants who fail to pay court fines. With the author’s original research into Ohio’s mayor’s courts, this Note argues that these institutions can function like modern-day debtor’s prisons and violate indigent defendants’ constitutional right to Due Process. Ultimately, this Note proposes a model bill …
Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020,
2020
Roger Williams University
Law School News: Rwu Law Professors Win Release For Two Immigrants At Risk For Covid-19 04-24-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Fmc Corp. V. Shoshone-Bannock Tribes,
2020
Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
The Truthsayer And The Court: Expert Testimony On Credibility,
2020
University of Maine School of Law
The Truthsayer And The Court: Expert Testimony On Credibility, Michael W. Mullane
Maine Law Review
The purpose of this Article is to analyze the admissibility of expert testimony on credibility. State v. Woodburn serves as a lens to focus on the broader issues. The primary issue is an examination of expert testimony on credibility in light of the Federal Rules of Evidence and their progeny. The Rules of Evidence mandate admission or exclusion of expert testimony based on certain criteria. How are these criteria applied to expert testimony on credibility? How should they be applied? The surprising survivability of other criteria discarded by the Rules is also considered.
Judge,
2020
University of Maine School of Law
Judge, J. Peter Byrne
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Judge Frank M. Coffin. Judge Coffin was appointed to the United States Court of Appeals for the First Circuit by President Lyndon Baines Johnson on October 2, 1965, and took the oath of office six weeks later. Since his retirement on February 1, 1989, he has continued to serve the federal judiciary with distinction in the capacity of a United States Senior Circuit Judge. Each of the four tributes that follow, though brief, resonate with the respect and affection inspired by the …
An Advocate's Perception,
2020
University of Maine School of Law
An Advocate's Perception, Margaret D. Mcgaughey
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Judge Frank M. Coffin. Judge Coffin was appointed to the United States Court of Appeals for the First Circuit by President Lyndon Baines Johnson on October 2, 1965, and took the oath of office six weeks later. Since his retirement on February 1, 1989, he has continued to serve the federal judiciary with distinction in the capacity of a United States Senior Circuit Judge. Each of the four tributes that follow, though brief, resonate with the respect and affection inspired by the …
A Tribute To Judge Coffin,
2020
University of Maine School of Law
A Tribute To Judge Coffin, Stephen Breyer
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Judge Frank M. Coffin. Judge Coffin was appointed to the United States Court of Appeals for the First Circuit by President Lyndon Baines Johnson on October 2, 1965, and took the oath of office six weeks later. Since his retirement on February 1, 1989, he has continued to serve the federal judiciary with distinction in the capacity of a United States Senior Circuit Judge. Each of the four tributes that follow, though brief, resonate with the respect and affection inspired by the …
Judge Frank M. Coffin,
2020
University of Maine School of Law
Judge Frank M. Coffin, Edmund S. Muskie
Maine Law Review
The Editorial Board and Staff of Volume 43 of the Maine Law Review enthusiastically dedicate this issue to Judge Frank M. Coffin. Judge Coffin was appointed to the United States Court of Appeals for the First Circuit by President Lyndon Baines Johnson on October 2, 1965, and took the oath of office six weeks later. Since his retirement on February 1, 1989, he has continued to serve the federal judiciary with distinction in the capacity of a United States Senior Circuit Judge. Each of the four tributes that follow, though brief, resonate with the respect and affection inspired by the …
State V. Violette: Harsher Resentencing Encounters A Bolder Resumption Of Vindictiveness,
2020
University of Maine School of Law
State V. Violette: Harsher Resentencing Encounters A Bolder Resumption Of Vindictiveness, Thomas C. Bradley
Maine Law Review
Twenty-one years ago, in Weeks v. State, the Maine Supreme Judicial Court, sitting as the Law Court, adopted a rule to prevent judicial vindictiveness when resentencing defendants who had successfully appealed their conviction and been reconvicted. The Weeks court adopted as a state due process protection the United States Supreme Court's rule laid down the preceding year in North Carolina v. Pearce. The Pearce rule provides that harsher resentencing of such defendants creates a presumption of constitutionally prohibited vindictiveness unless the harsher sentence is explicitly based on some identifiable misconduct by the defendant since the prior sentencing. Thus, the Law …
