Life And Civil Death In The Ocean State: Resurrecting Life-Prisoners’ Right To Access Courts In Rhode Island,
2019
J.D. Candidate 2020, Roger Williams University School of Law
Life And Civil Death In The Ocean State: Resurrecting Life-Prisoners’ Right To Access Courts In Rhode Island, James M. Kovach
Roger Williams University Law Review
No abstract provided.
Democratic Policing Before The Due Process Revolution,
2019
Columbia Law School
Democratic Policing Before The Due Process Revolution, Sarah Seo
Faculty Scholarship
According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …
How To Get Away With Murder: The “Gay Panic” Defense,
2019
Touro Law Center
How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo
Touro Law Review
No abstract provided.
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees,
2019
Touro Law Center
Solitary Confinement Of Juvenile Offenders And Pre-Trial Detainees, Nicole Johnson
Touro Law Review
No abstract provided.
Let All Voters Vote: Independents And The Expansion Of Voting Rights In The United States,
2019
Touro University Jacob D. Fuchsberg Law Center
Let All Voters Vote: Independents And The Expansion Of Voting Rights In The United States, Jeremy Gruber, Michael A. Hardy, Harry Kresky
Touro Law Review
No abstract provided.
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts,
2019
Touro Law Center
Conversion Therapy: A Brief Reflection On The History Of The Practice And Contemporary Regulatory Efforts, Tiffany C. Graham
Scholarly Works
This brief symposium essay offers a broad-stroke sketch of the history of conversion therapy, its current status as a locus of regulation, and some preliminary questions about the direction the law might take to protect individuals who elect or are forcibly subjected to the practice.
Wealth-Based Penal Disenfranchisement,
2019
Vanderbilt University Law School
Wealth-Based Penal Disenfranchisement, Beth A. Colgan
Vanderbilt Law Review
This Article offers the first comprehensive examination of the way in which the inability to pay economic sanctions-fines, fees, surcharges, and restitution-may prevent people of limited means from voting. The Supreme Court has upheld the constitutionality of penal disenfranchisement upon conviction, and all but two states revoke the right to vote for at least some offenses. The remaining jurisdictions allow for reenfranchisement for most or all offenses under certain conditions. One often overlooked condition is payment of economic sanctions regardless of whether the would-be voter has the ability to pay before an election registration deadline. The scope of wealth-based penal …
Animus And Its Alternatives: Constitutional Principle And Judicial Prudence,
2019
Indiana University Maurer School of Law
Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle
Articles by Maurer Faculty
In a series of cases addressing sexual orientation and other issues, the Supreme Court has ruled that animus-based lawmaking is constitutionally impermissible. The Court treats animus as an independent and sufficient basis for invalidation. Moreover, it appears to regard animus as a doctrine of first resort, to be utilized even when an alternative constitutional rationale, such as declaring a challenged classification suspect or quasi-suspect, would readily justify the same result. Responding especially to Professor William D. Araiza’s elaboration and defense of the Court’s animus doctrine, I agree that this doctrine is sound, indeed compelling, as a matter of constitutional principle. …
Purchasing Health? The Promise And Limits Of Public Health Insurance,
2019
Columbia Law School
Purchasing Health? The Promise And Limits Of Public Health Insurance, Kristen Underhill
Faculty Scholarship
The 2010s have been a momentous decade for Medicaid. With enrollment of over seventy-two million people (19% of the country’s population), Medicaid is the nation’s largest public health insurance program, and it is the primary or sole source of health insurance for vulnerable groups such as low-income children and pregnant women, adults with disabilities, and people in need of long-term care. Since 2014, the pendulum of Medicaid policy has swung from an unprecedented expansion of coverage under the Affordable Care Act (ACA), toward more recent federal regulations and state policy innovations that are instead predicted to limit uptake of benefits. …
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection,
2019
University of California Los Angeles School of Law
An Intersectional Critique Of Tiers Of Scrutiny: Beyond “Either/Or” Approaches To Equal Protection, Devon W. Carbado, Kimberlé W. Crenshaw
Faculty Scholarship
For the past forty years, Justice Powell’s concurring opinion in University of California v. Bakke has been at the center of scholarly debates about affirmative action. Notwithstanding the enormous attention Justice Powell’s concurrence has received, scholars have paid little attention to a passage in that opinion that expressly takes up the issue of gender. Drawing on the theory of intersectionality, this Essay explains several ways in which its reasoning is flawed. The Essay also shows how interrogating Justice Powell’s “single axis” race and gender analysis raises broader questions about tiers of scrutiny for Black women. Through a hypothetical of a …
The Privileges Or Immunities Clause Abridged: A Critique Of Kurt Lash On The Fourteenth Amendment,
2019
Georgetown University Law Center
The Privileges Or Immunities Clause Abridged: A Critique Of Kurt Lash On The Fourteenth Amendment, Randy E. Barnett, Evan Bernick
Georgetown Law Faculty Publications and Other Works
The Privileges or Immunities Clause of the Fourteenth Amendment was virtually eliminated by the Supreme Court in three cases: The Slaughter-House Cases, Bradwell v. Illinois, and United States v. Cruikshank. Today, most constitutional scholars agree that this was a terrible mistake, the effects of which continue to reverberate through our constitutional law. But, as evidenced by the Court’s decision in McDonald v. City of Chicago, both the “left” and “right” sides of the Court are reluctant to open the “Pandora’s Box” of uncertainty created by the phrase “privileges or immunities of citizens of the United States.” …
The Difference Narrows: A Reply To Kurt Lash,
2019
Georgetown University Law Center
The Difference Narrows: A Reply To Kurt Lash, Randy E. Barnett, Evan Bernick
Georgetown Law Faculty Publications and Other Works
No abstract provided.
The “New” District Court Activism In Criminal Justice Reform,
2019
Benjamin N. Cardozo School of Law
The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth
Articles
Historically, the debate over the judicial role has centered on the constitutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broadening it to trial, as well as appellate, judges; and by distinguishing between an Article …
How U.S. Family Law Might Deal With Spousal Relationships Of Three (Or More) People,
2019
Benjamin N. Cardozo School of Law
How U.S. Family Law Might Deal With Spousal Relationships Of Three (Or More) People, Edward D. Stein
Articles
For much of this nation's history, the vast majority of people have believed that being married to more than one person at the same time is deeply problematic. Further, polygamous marriage has never been legal in the United States. Despite this, some people have been in plural or group relationships and some of these people have wished to gain legal recognition for these relationships. The arguments for recognizing such relationships are persuasive, but the prospects for legalization of polygamous marriage seem slim in the near future. This Article offers a suggestion of how the law of domestic relations might deal …
Brief Of Amici Curiae Law Professors In Support Of Respondent Affluere Investments, Inc., Tenn. Wine & Spirits Retailers Ass'n V. Blair, No. 18-96 (U.S. Dec. 20, 2018).,
2018
University of Akron School of Law
Brief Of Amici Curiae Law Professors In Support Of Respondent Affluere Investments, Inc., Tenn. Wine & Spirits Retailers Ass'n V. Blair, No. 18-96 (U.S. Dec. 20, 2018)., Richard L. Aynes, James W. Ely Jr., Richard A. Epstein, Christopher R. Green, Ilya Somin, Rebecca E. Zietlow
Con Law Center Amicus Briefs
This case concerns whether a State may forbid United States citizens from plying a lawful trade based purely on the duration of their in-state residency. Tennessee law permits the retail sale of alcohol by anyone holding a state-issued retailer’s license. See Tenn. Code Ann. § 57-3-204. But the law restricts both the grant and renewal of such licenses based on the duration of an applicant’s Tennessee residency. See id. §§ 57-3-204(b)(2)(A), (3)(A)–(B), (3)(D). The Sixth Circuit held that those restrictions violate the negative (also known as the dormant) Commerce Clause and severed them from the rest of the statute. See …
Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories,
2018
William & Mary Law School
Other Lands And Other Skies: Birthright Citizenship And Self-Government In Unincorporated Territories, John Vlahoplus
William & Mary Bill of Rights Journal
No abstract provided.
Root And Branch: The Thirteenth Amendment And Environmental Justice,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Root And Branch: The Thirteenth Amendment And Environmental Justice, Mehmet K. Konar-Steenberg
Nevada Law Journal
‘[The Thirteenth Amendment] abolishes slavery . . . root and branch. It abolishes it in the general and the particular. . . . Any other interpretation belittles the great amendment and allows slavery still to linger among us in some of its insufferable pretensions.’
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination,
2018
Fordham University School of Law
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Fordham Law Review
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to bring …
If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights,
2018
Northwestern Pritzker School of Law
If An Interpreter Mistranslates In A Courtroom And There Is No Recording, Does Anyone Care?: The Case For Protecting Lep Defendants’ Constitutional Rights, Lisa Santaniello
Northwestern Journal of Law & Social Policy
No abstract provided.
Universal Representation,
2018
Benjamin N. Cardozo School of Law
Universal Representation, Lindsay Nash
Articles
In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for noncitizens in removal proceedings. This effort, initially born out of a pilot project in New York City, has generated a host of replication projects throughout the nation and holds the promise of even broader expansion. But as it grows, this effort must confront challenges from within: the sort-of supporters who want to limit this representation system's coverage in a number of ways, …
