Ethical Considerations For Attorneys Researching Jurors On The Internet,
2020
Touro University Jacob D. Fuchsberg Law Center
Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors,
2020
Touro Law Center
The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry
Journal of Race, Gender, and Ethnicity
No abstract provided.
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification,
2020
Touro Law Center
From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji
Journal of Race, Gender, and Ethnicity
No abstract provided.
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History,
2020
Touro Law Center
Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur
Journal of Race, Gender, and Ethnicity
No abstract provided.
Tax Policy And Our Democracy,
2020
University of South Carolina School of Law
Tax Policy And Our Democracy, Clinton G. Wallace
Michigan Law Review
Review of Anthony C. Infanti's Our Selfish Tax Laws: Toward Tax Reform That Mirrors Our Better Selves.
Crossing The Border Or Crossing The Line? Why Alternate Dispute Resolution Is The Best Route To Reunite Families Of Immigrant Children Separated At The U.S.-Mexico Border,
2020
Benjamin N. Cardozo School of Law
Crossing The Border Or Crossing The Line? Why Alternate Dispute Resolution Is The Best Route To Reunite Families Of Immigrant Children Separated At The U.S.-Mexico Border, Colby Berman
Cardozo Journal of Conflict Resolution
This Note will explore the problem of family separation at the U.S.-Mexico border and propose a solution through the use of mediation as a means to peacefully reunite families without lengthy, emotionally-draining, and expensive litigation. It will discuss case law addressing the problem, as well as the recent history of family separation under President Obama and President Trump. This Note will briefly examine methods used to maintain a tough stance on immigration while also alleviating family separation of immigrant populations, looking to other developed countries' tactics, as well as the United States' Family Case Management Program (which enjoyed success in …
Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines,
2020
Seattle University School of Law
Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines, Erika Vranizan
Seattle University Law Review
This Note argues that the O’Dell decision was a watershed moment for criminal justice reform. It argues that the reasoning in O’Dell should be seized upon by the legislature to take action to remediate instances in which defendants are legal adults but do not possess the cognitive characteristics of an adult sufficient to justify adult punishment. Given both the scientific impossibility of identifying a precise age at which characteristics of youthfulness end and adulthood begins and the Court’s repeated recognition that these very factors impact culpability, the current approach to sentencing young offenders aged eighteen to twenty-five as adults simply …
Dual Allegiance: Federal And State Treason Prosecutions, The Treason Clause, And The Fourteenth Amendment,
2020
University of Missouri School of Law
Dual Allegiance: Federal And State Treason Prosecutions, The Treason Clause, And The Fourteenth Amendment, Alexander Gouzoules
Faculty Publications
The Treason Clause creates an individual right at a criminal trial that could have logically been placed within the Fifth Amendment rather than Article III: “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.” It has effectively prevented expansive uses of the charge at the federal level. But states may also charge citizens with treason against state governments, and many such prosecutions have played important roles in American history.
This article reviews the parallel histories of state and federal treason prosecutions. It then analyzes …
Reconceptualizing Hybrid Rights,
2020
UGA School of Law
Reconceptualizing Hybrid Rights, Dan T. Coenen
Scholarly Works
In landmark decisions on religious liberty and same-sex marriage, and many other cases as well, the Supreme Court has placed its imprimatur on so called “hybrid rights.” These rights spring from the interaction of two or more constitutional clauses, none of which alone suffices to give rise to the operative protection. Controversy surrounds hybrid rights in part because there exists no judicial account of their justifiability. To be sure, some scholarly treatments suggest that these rights emanate from the “structures” or “penumbras” of the Constitution. But critics respond that hybrid rights lack legitimacy for that very reason because structural and …
Gatekeeping The Profession,
2020
Harvard Law School
Gatekeeping The Profession, Christopher Williams
Cardozo Journal of Equal Rights & Social Justice
The article argues that the U.S. model of legal education functions as a racial gatekeeper, perpetuating inequality by adopting and exacerbating societal prejudices. It highlights how structural mechanisms within legal education, such as standardized testing, admission processes, and socialization, disproportionately exclude and marginalize students of color, particularly black students, mirroring the experiences of Dalits in India's legal education system. The author introduces the concept of "adoptive prejudice," where legal education systems adapt and embed societal hierarchies, leading to systemic exclusion and disparity.
A Presumption In Favor Of Openness: Unsealing Adoption Records,
2020
Benjamin N. Cardozo School of Law
A Presumption In Favor Of Openness: Unsealing Adoption Records, Emily Ingall
Cardozo Journal of Equal Rights & Social Justice
The note argues that the current system of sealed adoption records in the United States, which prioritizes confidentiality over adoptees' rights, is outdated and harmful. It advocates for a presumption of openness, asserting that adoptees have a fundamental right to access their birth records, which is essential for their identity, medical needs, and psychological well-being. The analysis calls for legal reforms that balance the privacy rights of birth parents with the rights of adoptees to their personal information, proposing a model that includes contact preference registries and access to non-identifying information.
Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius,
2020
Columbia Law School
Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus
Faculty Scholarship
For seventy years, Puerto Ricans have been bitterly divided over how to decolonize the island, a U.S. territory. Many favor Puerto Rico’s admission into statehood. But many others support a different kind of relationship with the United States: they believe that in 1952, Puerto Rico entered into a “compact” with the United States that transformed it from a territory into a “commonwealth,” and they insist that “commonwealth” status made Puerto Rico a separate sovereign in permanent union with the United States. Statehood supporters argue that there is no compact, nor should there be: it is neither constitutionally possible, nor desirable …
The Lesser Of Two Evils: Lowering The Constitutional Amendment Bar To Avoid An Unadaptable Constitution, Encouraged Judicial Activism, And Disrupted Federalism,
2020
University of Oklahoma College of Law
The Lesser Of Two Evils: Lowering The Constitutional Amendment Bar To Avoid An Unadaptable Constitution, Encouraged Judicial Activism, And Disrupted Federalism, Hayley Stillwell
Faculty Articles
The Constitution has not been amended for nearly three decades. During this time, the line in the sand between political parties has morphed into an impenetrable wall that neither side can or is willing to breach. This begs the question whether the constitutional amendment process in Article V is presently functional. If Article V is no longer functional, then the constitutional amendment process itself needs to be amended. Drastic as this sounds, it is the lesser of two evils. The alternative—accepting that Article V is dead and the Constitution cannot be amended—will lead to a distorted world in which the …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Three Keys To The Original Meaning Of The Privileges Or Immunities Clause,
2020
Georgetown University Law Center
Three Keys To The Original Meaning Of The Privileges Or Immunities Clause, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Establishing the original meaning of the Fourteenth Amendment’s Privileges or Immunities Clause requires a wealth of evidence. But three key data points are crucial to identifying the core of its meaning. First, Supreme Court Justice Washington’s explanation of the meaning of “privileges and immunities” in Corfield v. Coryell; second, the rights protected by the Civil Rights Act of 1866; and third, Michigan Senator Jacob Howard’s speech explaining the content of the Privileges or Immunities Clause when introducing the Fourteenth Amendment to the United States Senate in 1866. Any theory of the Privileges or Immunities Clause and its original meaning …
The Rise And Fall Of Transcendent Constitutionalism In The Civil War Era,
2020
Duke Law School
The Rise And Fall Of Transcendent Constitutionalism In The Civil War Era, Cynthia Nicoletti
Faculty Scholarship
In the aftermath of the Civil War, American intellectuals saw the war itself as a force of transcendent lawmaking. They viewed it as a historical catalyst that had forged the United States into a nation. In writing the Fourteenth Amendment, Congress sought to translate the war's nationalistic spirit into text. But in the eyes of many contemporary thinkers, the war's centripetal energy was a doubleedged sword. It could create a nation out of disparate parts, but it was also potentially uncontainable, divorced from the regular lawmaking process and beyond the control of human actors. As a result, many American jurists …
Civil Rights In Living Color,
2020
University of New Mexico - School of Law
Civil Rights In Living Color, Vinay Harpalani
Faculty Scholarship
This Article will examine how American civil rights law has treated “color” discrimination and differentiated it from “race” discrimination. It is a comprehensive analysis of the changing legal meaning of “color” discrimination throughout American history. The Article will cover views of “color” in the antebellum era, Reconstruction laws, early equal protection cases, the U.S. Census, modern civil rights statutes, and in People v. Bridgeforth—a landmark 2016 ruling by the New York Court of Appeals. First, the Article will lay out the complex relationship between race and color and discuss the phenomenon of colorism—oppression based on skin color—as differentiated from …
Do Abolitionism And Constitutionalism Mix?,
2020
University of Colorado Law School
Do Abolitionism And Constitutionalism Mix?, Aya Gruber
Publications
No abstract provided.
Making Litigating Citizenship More Fair,
2020
University of Colorado Law School
Making Litigating Citizenship More Fair, Ming H. Chen
Publications
No abstract provided.
Reproductive Health Care Exceptionalism And The Pandemic,
2020
University of Colorado Law School
Reproductive Health Care Exceptionalism And The Pandemic, Helen Norton
Publications
No abstract provided.
