Courts Commons^™

The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam

Maine Law Review

When most people speak of the right to counsel, they speak in the singular. After the Supreme Court’s seminal decision in Gideon v. Wainwright, the right to counsel in criminal prosecutions has become one of our most cherished fundamental rights. It is a right ingrained in our culture. Even children can recite the mantra that the accused have the right to a lawyer, and if they can’t afford a lawyer, one will be provided to them free of charge. It is no surprise, then, that our constitutional focus is trained on the criminal defendant’s right to counsel. After all, there …

Foreword, Adam Fortier-Brown

Maine Law Review

Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Procedural Drift: How Judicial Restraint Enables Legalized Backsliding, Dessie Otachliska

Washington and Lee Law Review

This Article introduces Procedural Drift, a new theory of constitutional erosion in which legality itself enables democratic decline. Legal forms remain intact, but their constraining force quietly recedes as procedural doctrines withdraw courts from sites of contestation. Executive power expands not by defying law, but by strategically complying with it—exploiting judicial restraint to evade review.

Building on Bruce Ackerman’s theory of constitutional moments and Kim Lane Scheppele’s concept of autocratic legalism, this Article develops a U.S.-specific account of democratic backsliding that is lawful, gradual, and institutionally embedded. It traces how judicial restraint—operating amid partisan alignment and epistemic fragmentation—erodes legal checks …

Konstitusionalitas Kebijakan Penanaman Modal Asing Sebagai Penerapan Konsep Hak Menguasai Negara Menurut Uud Nri 1945, Rico Novianto, Satya Arinanto, Fatmawati Fatmawati

Jurnal Konstitusi & Demokrasi

This article analyzes how the state position in foreign investment as an instrument for realizing public prosperity. Throughout the history of Indonesian governance, foreign capital has been a tool that can be used and has its own constitutional basis. However, if it is too large and the lack of adequate regulation of foreign investment to maintain the investment climate, it has become one of the causes of the economic and multidimensional crisis, especially around 1998 in Indonesia. In fact, the constitution has mandated an economic system based on the concept of state control, the principles of economic democracy, and the …

A Bone To Pick: Back To The Basics In Food Product Liability With A Necessary Reformation Of The "Hybrid" Negligence Standard, Clay Cutteridge

Cleveland State Law Review

Ohio does not use the traditional negligence standard in determining negligence in food product liability cases. Instead, Ohio uses what is called the hybrid test. The hybrid test analyzes what a consumer would reasonably expect to find in their food, and Ohio courts consider the naturalness of an object to the food it is in to be the determinative factor: natural objects should be reasonably expected and cannot give rise to successful claims of negligence. This hybrid test fails to consider that food is complex, and consumers often cannot know what to reasonably expect in the food they buy. The …

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Le Rôle Du Juge Constitutionnel Libanais Dans La Sauvegarde Des Droits Processuels Fondamentaux, Salim Jreissati

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Felony Murder: What Courts Ignore In Ohio Rev. Code § 2903.02(B), Richard S. Walinski

Et Cetera

Ohio has two levels of felony murder. One is aggravated felony murder, 2903.01(b). It is an approximate equivalent of the common-law felony-murder rule. The other is a felony-murder rule for the lesser offence of simple murder, 2903.02(B). In felony-murder cases prosecuted under Ohio Revised Code § 2903.02(B), the nearly universal practice among the lower courts in Ohio is to ignore certain explicit text in the statute.

To warrant a conviction, 2903.02(B) requires that death have occurred as a proximate result of the defendant’s having committed or having attempted to commit one of many predicate offenses that the General Assembly labeled …

Correcting A Carry-On Conundrum: A Proposal To Expand The Dot’S Ability To Regulate Unfair And Deceptive Practices In The Airline Industry, Antonio Linek

Et Cetera

This Note examines the Department of Transportation’s attempt to regulate airline ancillary fees through 89 F.R. 34620. The Rule required airlines to disclose certain ancillary fees in an obvious manner, early on in the booking process. Airlines for America challenged the Rule in the Fifth Circuit in Airlines for Am. v. Dep’t of Transp. The court held that 49 U.S.C. § 41712 allows the DOT to prohibit unfair and deceptive practices, but not to impose prescriptive rules. This holding conflicts with older Seventh Circuit authority approving similar agency action, creating a circuit split. This Note argues that the Fifth …

Child Abuse In The Foster Care System: Articulating A New Standard Of Negligence For Civil Actions Against State Foster Agencies, Isabel Loughlin

Brooklyn Law Review

The foster care system falls under the domain of each state’s family courts. State foster care agencies oversee the removal of children from their homes, the placement of children in temporary foster homes, and the process of reunification with the birth family if possible. This system is meant to protect children from abuse, but far too often foster care agencies fail in their duty to monitor the wellbeing of children after they are placed in a foster home. There is a crisis of child abuse within the foster care system, and the only avenue for recourse for children who have …

Tenuous Appointments: The President's Claimed Power To Remove Court-Appointed Interim United States Attorneys, Jonathan S. Ross

Brooklyn Law Review

Section 546(d) of Title 28 of the United States Code authorizes a district court to appoint an interim United States Attorney during any vacancy of more than 120 days. The provision has been in place since 1863 and, for most of that time, Presidents have made no attempt to remove court-appointed interim U.S. Attorney through means other than the nomination and confirmation of a replacement. That changed initially in 2020, when President Trump attempted to remove Geoffrey Berman of the Southern District of New York. In 2025, the President went further, removing nine court-appointed interim U.S. Attorneys. These moves, unprecedented, …

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Seattle University Law Review

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …