Flor Freire V. Ecuador,
2019
Loyola Marymount University and Loyola Law School
Flor Freire V. Ecuador, Raymond Chavez
Loyola of Los Angeles International and Comparative Law Review
This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.
When The Courts Have To Rule On Government Decisions,
2019
Singapore Management University
When The Courts Have To Rule On Government Decisions, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan cited examples in United Kingdom and Singapore as he discussed the legal limits of legal power and the constitutional role of the courts. He pointed out that the message from the courts for both cases is that “judicial deference notwithstanding, the judiciary will not shy away from limiting the boundaries of executive discretion where it is necessary to do so such as when a fundamental constitutional principle or fundamental liberties are at stake”.
Righting The Ship: What Courts Are Still Getting Wrong About Electronic Discovery,
2019
Texas A&M University School of Law
Righting The Ship: What Courts Are Still Getting Wrong About Electronic Discovery, Tanya Pierce
Faculty Scholarship
What happens when law changes but courts and lawyers ignore the changes? On December 1, 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of those amendments includes a sweeping change to Rule 37(e), dealing with the availability of sanctions in federal courts for lost or destroyed electronically stored information (ESI). In the last few years, however, a number of courts have interpreted the amended rule in ways at odds with its plain language and underlying policies, and a surprising number of courts continue to ignore the amended rule altogether. This article examines those trends and …
Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions,
2019
Arnold & Porter
Article Iii Courts V. Military Commissions: A Comparison Of Protection Of Classified Information And Admissibility Of Evidence In Terrorism Prosecutions, Mohamed Al-Hendy
St. Mary's Law Journal
Abstract forthcoming
Texas, The Death Penalty, And Intellectual Disability,
2019
St. Mary's University School of Law
Texas, The Death Penalty, And Intellectual Disability, Megan Green
St. Mary's Law Journal
Abstract forthcoming
Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors,
2019
St. Mary's University School of Law
Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher
St. Mary's Law Journal
Abstract forthcoming
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg,
2019
Macalester College
Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran
Political Science Honors Projects
It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation, celebrity, …
Janus, Union Member Speech, And The Public Employee Speech Doctrine,
2019
Colorado Court of Appeals
Janus, Union Member Speech, And The Public Employee Speech Doctrine, M. Linton Wright
Pace Law Review
In Janus v. American Federation of State, County, and Municipal Employees (“AFSCME”), the Supreme Court held that public sector unions can no longer collect fees from nonmembers to fund the costs of representing them in collective bargaining and grievance proceedings. The Court determined that virtually all union speech is political speech and that collection of these fees is impermissible compelled speech under the First Amendment. However, not everything in Janus harms public union interests. The Janus Court’s discussion of Garcetti v. Cabellos and Connick v. Myers actually helps protect union member speech in the context of First Amendment retaliation cases. …
Native American Religious Freedom As A Collective Right,
2019
Brigham Young University Law School
Native American Religious Freedom As A Collective Right, Michael D. Mcnally
BYU Law Review
No abstract provided.
Immigration Law's Looming Rfra Problem Can Be Solved By Rfra,
2019
Brigham Young University Law School
Immigration Law's Looming Rfra Problem Can Be Solved By Rfra, Stephanie Acosta Inks
BYU Law Review
No abstract provided.
Cryptocurrencies And Code Before The Courts,
2019
Singapore Management University
Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh
Research Collection Yong Pung How School Of Law
In the rapidly developing cyber sphere of e-commerce and Fintech, dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments, leaving the law behind as an afterthought. However, the case of B2C2 Ltd v Quoine Pte Ltd (“B2C2”) may serve as a timely reminder of the importance of the legal principles supporting e-commerce and Fintech. In the first case of its kind, B2C2 raised several key questions before the Singapore International Commercial Court, seeking clarification on how the established legal concepts of breach of trust, mistake and unjust enrichment might apply in …
"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime,
2019
Brigham Young University Law School
"To The Person": Rfra's Blueprint For A Sustainable Exemption Regime, Tanner Bean
BYU Law Review
No abstract provided.
Assigned Counsel Mentoring Programs: Results And Lessons From Two Pilot Projects,
2019
Texas A&M University School of Law
Assigned Counsel Mentoring Programs: Results And Lessons From Two Pilot Projects, Susan Saab Fortney
Faculty Scholarship
Working with a team of three subject matter experts, the National Legal Aid and Defender Association implemented and evaluated two pilot mentoring projects aimed at helping lawyers who serve as assigned counsel. This report discusses the program design, evaluation outcomes, and offers guidance through lessons learned for other jurisdictions interested in introducing assigned counsel mentoring programs. The author of the report was the principal investigator who evaluated the programs.
This project was supported by grant number 2015-AJ-BX-K043 awarded by the Bureau of Justice Assistance, Office of Justice Programs to the National Legal Aid and Defender Association. The opinions, findings, and …
Recent Developments: The Right To A Fair Cross-Section Of The Community And The Black Box Of Jury Pool Selection In Arkansas,
2019
University of Michigan School of Law, Ann Arbor
Recent Developments: The Right To A Fair Cross-Section Of The Community And The Black Box Of Jury Pool Selection In Arkansas, Raelynn J. Hillhouse
Arkansas Law Review
A Washington County, Arkansas court conducted a hearing on October 15, 2018 on a criminal defendant’s motion to compel discovery to assure a fair and accurate cross-section of the community for the jury as guaranteed by the United States and Arkansas Constitutions. At the hearing, the jury coordinator for the Circuit Clerk’s office testified that counties may elect to use a state-sponsored jury selection computer program, or they may use proprietary programs. Washington County uses a proprietary computer program to select the jury pool from a list of registered voters. The clerk described how her office takes an extra step …
Gideon In The Desert: An Empirical Study Of Providing Counsel To Criminal Defendants In Rural Places,
2019
University of Maine School of Law
Gideon In The Desert: An Empirical Study Of Providing Counsel To Criminal Defendants In Rural Places, Andrew Davies, Alyssa Clark
Maine Law Review
Access to counsel for criminal defendants is a continuing challenge in rural localities, notwithstanding the mandates of Sixth Amendment jurisprudence. In this Article, we first review the state of the law on access to counsel in criminal cases, noting the latitude allowed to state and local governments in their policy decisions. We then examine empirical approaches to measuring access to counsel and describe in detail both the law and the data on this issue from the state of Texas. We present exploratory analyses of those data comparing rural and urban places for various aspects of access to counsel, including rules …
“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote,
2019
American Civil Liberties Union - Washington
“We Are Still Citizens, Despite Our Regrettable Past” Why A Conviction Should Not Impact Your Right To Vote, Jaime Hawk, Breanne Schuster
Seattle Journal for Social Justice
No abstract provided.
Judicial Ethics: A New Paradigm For A New Era,
2019
Indiana University Maurer School of Law
Judicial Ethics: A New Paradigm For A New Era, Charles G. Geyh
St. Mary's Journal on Legal Malpractice & Ethics
As the preamble to the Model Code of Judicial Conduct indicates, traditional notions of judicial ethics operate within a rule of law paradigm, which posits that the “three I’s” of judicial ethics—independence, impartiality, and integrity—enable judges to uphold the law. In recent decades, however, social science, public opinion, and political commentary suggest that appointed judges abuse their independence by disregarding the law and issuing rulings in accord with their biases and other extralegal impulses, while elected judges disregard the law and issue rulings popular with voters, all of which calls the future of the three I’s and judicial ethics itself …
Preface By The Special Editor: A Benediction, An Exhortation,
2019
Benjamin N. Cardozo School of Law
Preface By The Special Editor: A Benediction, An Exhortation, Michael Pantazakos
Cardozo Law Review
In honor of Arthur Jacobson, may we study the works offered herein with both diligence and delight as a living benediction.
Peña-Rodriguez V. Colorado: Carving Out A Racial-Bias Exception To The No-Impeachment Rule,
2019
St. Mary's University School of Law
Peña-Rodriguez V. Colorado: Carving Out A Racial-Bias Exception To The No-Impeachment Rule, John Austin Morales
St. Mary's Law Journal
The Sixth Amendment safeguards an accused in criminal proceedings and affords them “the right to a speedy and public trial, by an impartial jury.” Consistent with this right, the no-impeachment rule prohibits a juror from testifying after a verdict has been handed down about the jurors’ deliberations. While there are limited exceptions to the no-impeachment rule, juror expressed racial bias is not one of them. When presented with the dilemma of a juror using racial bias in deliberations, courts must weigh two competing doctrines that serve as the foundation to our judicial system: (1) affording a defendant his or her …
