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Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey 2021 Washington and Lee University School of Law

Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey

Washington and Lee Law Review Online

In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White ...


Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman 2021 Northwestern Pritzker School of Law

Criminal Advisory Juries: A Sensible Compromise For Jury Sentencing Advocates, Kurt A. Holtzman

Northwestern Journal of Law & Social Policy

Supreme Court Justice Neil Gorsuch recently noted that “juries in our constitutional order exercise supervisory authority over the judicial function by limiting the judge’s power to punish.” Yet in the majority of jurisdictions, contemporary judge-only sentencing practices neuter juries of their supervisory authority by divorcing punishment from guilt decisions. Moreover, without a chance to voice public disapproval at sentencing, juries are muted in their ability to express tailored, moral condemnation for distinct criminal acts. Although the modern aversion to jury sentencing is neither historically nor empirically justified, jury sentencing opponents are rightly cautious of abdicating sentencing power to laypeople ...


Where's The Meat? A Constitutional Analysis Of Arkansas's Law Prohibiting The Use Of "Meat" Terms On Plant-And Cell-Based Products, Christy Wyatt 2021 University of Cincinnati College of Law

Where's The Meat? A Constitutional Analysis Of Arkansas's Law Prohibiting The Use Of "Meat" Terms On Plant-And Cell-Based Products, Christy Wyatt

University of Cincinnati Law Review

No abstract provided.


Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt 2021 University of Cincinnati College of Law

Seize The Day: Renewed Hope For The Permissibility Of In Rem Counterclaims Against The United States Government After The Fifth Circuit's Substituted Opinion In $4,480,466.16?, Evan Gildenblatt

University of Cincinnati Law Review

No abstract provided.


Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin 2021 Alexander Blewett III School of Law at the University of Montana

Preview—United States V. Cooley: What Will Happen To The Thinnest Blue Line?, Jo J. Phippin

Public Land & Resources Law Review

The Supreme Court of the United States ("Supreme Court") will hear oral arguments in this matter on Tuesday, March 23, 2021. This case presents the narrow issue of whether a tribal police officer has the authority to investigate and detain a non-Indian on a public right-of-way within a reservation for a suspected violation of state or federal law. The lower courts, holding that tribes have no such authority, granted James Cooley’s motion to suppress evidence. The Supreme Court must decide whether the lower courts erred in so deciding. While the issue before the Supreme Court is itself narrow, it ...


Acid Mine Drainage--A Review Of The Barnes & Tucker Case--Is The Requirement To Treat A "Taking" Under The Fifth Or Fourteenth Amendment?, Linda M. Stowers 2021 University of Kentucky

Acid Mine Drainage--A Review Of The Barnes & Tucker Case--Is The Requirement To Treat A "Taking" Under The Fifth Or Fourteenth Amendment?, Linda M. Stowers

Journal of Natural Resources & Environmental Law

No abstract provided.


Cancer Alley And The Fight Against Environmental Racism, Idna G. Castellón 2021 Villanova University Charles Widger School of Law

Cancer Alley And The Fight Against Environmental Racism, Idna G. Castellón

Villanova Environmental Law Journal

No abstract provided.


Facial Recognition And The Fourth Amendment In The Wake Of Carpenter V. United States, Matthew Doktor 2021 University of Cincinnati College of Law

Facial Recognition And The Fourth Amendment In The Wake Of Carpenter V. United States, Matthew Doktor

University of Cincinnati Law Review

No abstract provided.


The Exclusionary Rule, And The Problem With Search And Seizure Law Under The Ohio Constitution, Corey Bushle 2021 University of Cincinnati College of Law

The Exclusionary Rule, And The Problem With Search And Seizure Law Under The Ohio Constitution, Corey Bushle

University of Cincinnati Law Review

No abstract provided.


Untangling Discrimination: The Crown Act And Protecting Black Hair, Alesha Hamilton 2021 University of Cincinnati College of Law

Untangling Discrimination: The Crown Act And Protecting Black Hair, Alesha Hamilton

University of Cincinnati Law Review

No abstract provided.


A Lit Stick Of Dynamite: The Story Of Desegregation In Clinton, Tennessee, Johnny Cerisano 2021 Barry University School of Law

A Lit Stick Of Dynamite: The Story Of Desegregation In Clinton, Tennessee, Johnny Cerisano

Barry Law Review

No abstract provided.


The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum 2021 WIlliam S. Boyd School of Law, UNLV

The People's Court: On The Intellectual Origins Of American Judicial Power, Ian C. Bartrum

Dickinson Law Review

This article enters into the modern debate between “consti- tutional departmentalists”—who contend that the executive and legislative branches share constitutional interpretive authority with the courts—and what are sometimes called “judicial supremacists.” After exploring the relevant history of political ideas, I join the modern minority of voices in the latter camp.

This is an intellectual history of two evolving political ideas—popular sovereignty and the separation of powers—which merged in the making of American judicial power, and I argue we can only understand the structural function of judicial review by bringing these ideas together into an integrated whole ...


License To Discriminate: A Rule For Protecting Limited English Proficient Persons From National Origin Discrimination By State Departments Of Motor Vehicles, Brandon T. Lozeau 2021 Candidate for J.D., Roger Williams University School of Law, 2021

License To Discriminate: A Rule For Protecting Limited English Proficient Persons From National Origin Discrimination By State Departments Of Motor Vehicles, Brandon T. Lozeau

Roger Williams University Law Review

No abstract provided.


Keeping Up: Walking With Justice Douglas, Charles A. Reich 2021 Touro College Jacob D. Fuchsberg Law Center

Keeping Up: Walking With Justice Douglas, Charles A. Reich

Touro Law Review

No abstract provided.


My Friend, Charles Reich, Hon. Guido Calabresi 2021 Touro College Jacob D. Fuchsberg Law Center

My Friend, Charles Reich, Hon. Guido Calabresi

Touro Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Early Abortion Exceptionalism, Greer Donley 2021 University of Pittsburgh School of Law

Early Abortion Exceptionalism, Greer Donley

Articles

Restrictive state abortion laws garner a large amount of attention in the national conversation and legal scholarship, but less known is a federal abortion policy that significantly curtails access to early abortion in all fifty states. The policy limits the distribution of mifepristone, the only drug approved to terminate a pregnancy so long as it is within the first ten weeks. Unlike most drugs, which can be prescribed by licensed healthcare providers and picked up at most pharmacies, the Food and Drug Administration only allows certified providers to prescribe mifepristone, and only allows those providers to distribute the drug to ...


Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton 2021 University of Colorado Law School

Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton

Articles

No abstract provided.


Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte 2020 Brooklyn Law School

Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte

Journal of Law and Policy

Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and ...


Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan 2020 Brooklyn Law School

Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan

Journal of Law and Policy

For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what ...


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