Seattle University School of Law
Northwestern Pritzker School of Law
CUNY John Jay College
Texas Fifth Court of Appeals
Cornell Law School
Fordham University School of Law
Indiana University Robert H. McKinney School of Law
Morality in Media & National Center on Sexual Exploitation
University of California, Hastings College of the Law
Abusing Taxation Of Court Costs By Government Lawyers To Chill Pro Se Civil Rights Claimants,
2023
University of St. Thomas School of Law (Minneapolis)
Abusing Taxation Of Court Costs By Government Lawyers To Chill Pro Se Civil Rights Claimants, Gregory Sisk, Alexandra Gannon, Nicole L. Stangl
University of St. Thomas Law Journal
No abstract provided.
Childist Objections, Youthful Relevance, And Evidence Reconceived,
2023
Penn State Dickinson Law
Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn
Dickinson Law Review (2017-Present)
Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …
The Move Toward An Indigenous Virgin Islands Jurisprudence: Banks In Its Second Decade,
2023
Stetson University College of Law
The Move Toward An Indigenous Virgin Islands Jurisprudence: Banks In Its Second Decade, Kristen David Adams
Fordham Law Review
In 2011, the Supreme Court of the U.S. Virgin Islands decided Banks v. International Rental & Leasing Corp. and, with that decision, introduced a new era in Virgin Islands jurisprudence that embraced a much more active role for Virgin Islands courts and a correspondingly diminished role for the American Law Institute’s restatements. This Essay examines what I will call “second-generation” decisions referencing Banks with the goal of determining whether Banks and its progeny have met, or are at least in the process of meeting, “the goal of establishing ‘an indigenous Virgin Islands jurisprudence’” set by the Banks court. Ultimately, this …
A Newfound Power: How The Ohio Supreme Court Should Approach The Next Partisan Gerrymander,
2023
Maurer School of Law: Indiana University
A Newfound Power: How The Ohio Supreme Court Should Approach The Next Partisan Gerrymander, Bradley Davis
Indiana Law Journal
Partisan gerrymandering is a practice as old as the nation itself and a problem both state and federal courts continue to struggle with. In 2015, the people of Ohio overwhelmingly voted to amend the state constitution to prevent overly partisan outcomes in state legislative redistricting. Following the 2021 redistricting cycle, the Ohio Supreme Court narrowly struck down several redistricting proposals in what devolved into a protracted fight with legislators and executive officials. This Note carefully lays out the development of redistricting jurisprudence, Ohio’s relevant constitutional provisions, and various state and federal judicial approaches to alleged gerrymanders. Using a combination of …
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship,
2023
University of California - Los Angeles
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Indiana Law Journal
Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …
19th Annual Diversity Symposium Dinner 2023,
2023
Roger Williams University
19th Annual Diversity Symposium Dinner 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Rucho In The States: Districting Cases And The Nature Of State Judicial Power,
2023
Marquette University Law School
Rucho In The States: Districting Cases And The Nature Of State Judicial Power, Chad M. Oldfather
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
A Tribute To Gerald S. "Geary" Reamey,
2023
St. Mary's University
A Tribute To Gerald S. "Geary" Reamey, Michael Ariens
St. Mary's Law Journal
No abstract provided.
Professor Reamey: A Mentor And A Friend,
2023
Saint Mary's University of San Antonio
Professor Reamey: A Mentor And A Friend, Victoria Mather
St. Mary's Law Journal
No abstract provided.
Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference,
2023
Indiana University Maurer School of Law
Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference, Christiana Ochoa
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
A couple weeks ago, I had the opportunity to welcome future law students as part of our annual Admitted Student Day. From their seats in the Kathleen and Ann DeLaney Moot Court Room, they look to the front of the room where they see the portraits of four trailblazing alumnae who have made indelible marks on the judiciary. Juanita Kidd Stout ’48, Sue Shields ’61, Linda Chezem ’71 and Loretta Rush ’83 all face out into the sea of newly admitted students who one day hope to forge paths of their own.As we celebrate Women’s History Month, I wanted to …
The Failure Of Judicial Recusal And Disclosure Rules: Evidence From A Field Experiment,
2023
Northwestern Pritzker School of Law
The Failure Of Judicial Recusal And Disclosure Rules: Evidence From A Field Experiment, Dane Thorley
Northwestern University Law Review
U.S. courts rely predominately on judicial self-recusal and in-court disclosure to address judicial conflicts of interest and maintain a critical perception of impartiality. But these approaches fail to account for the legal, institutional, and social dynamics that surround the relationship between judges, attorneys, and the adjudicative process. In reality, judges rarely use their discretion to disclose conflicts or recuse themselves, and attorneys do not ask them to do so. If we understand both the legal and extralegal incentives at play in these decisions, none of these outcomes should be surprising. The shortcomings of recusal and disclosure rules are particularly salient …
Georgia Uniform Superior Court Rule 43.6: A Solution In Search Of A Problem,
2023
Mercer University School of Law
Georgia Uniform Superior Court Rule 43.6: A Solution In Search Of A Problem, Robert V. Rodatus
Mercer Law Review
On February 11, 2021, the Supreme Court of Georgia approved Uniform Superior Court Rule 43.62 (Rule) relating to mandatory continuing education requirements for assisting superior court judges. The amended rule provides:
A judge appointed as an assisting superior court judge from another class of court pursuant to OCGA § 15-1-9.1 and who sits as a superior court judge for more than 15 days during a calendar year, or handles a final hearing or bench or jury trial as a superior court judge, shall attend superior court specific judicial education programs or training (the “training”) totaling a minimum of 12 hours …
Solving Slapp Slop,
2023
Campbell University Norman Adrian Wiggins School of Law
Solving Slapp Slop, Nicole J. Ligon
University of Richmond Law Review
In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits, known as “strategic lawsuits against public participation” (“SLAPP”s), are brought not to compensate a wrongfully injured person, but rather to discourage the defendants from exercising their First Amendment rights. In other words, when well resourced individuals feel disrespected by public criticism, they sometimes sue the media or concerned citizens, forcing these speakers to defend themselves in exorbitantly expensive defamation actions. In states without anti-SLAPP statutes—statutes aimed at protecting speakers from …
The Legal Ethics Of Family Separation,
2023
Texas A&M University School of Law
The Legal Ethics Of Family Separation, Milan Markovic
University of Richmond Law Review
On April 6, 2018, the Trump administration announced a “zero tolerance” policy for individuals who crossed the U.S. border illegally. As part of this policy, the administration prosecuted parents with minor children for unlawful entry; previous administrations generally placed families in civil removal proceedings. Since U.S. law does not allow children to be held in immigration detention facilities pending their parents’ prosecution, the new policy caused thousands of children to be separated from their parents. Hundreds of families have yet to be reunited.
Despite a consensus that the family separation policy was cruel and ineffective, there has been minimal focus …
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment,
2023
University of Richmond School of Law
“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock
University of Richmond Law Review
On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …
Grandma Got Arrested: Police, Excessive Force, And People With Dementia,
2023
Sturm College of Law, University of Denver
Grandma Got Arrested: Police, Excessive Force, And People With Dementia, Rashmi Goel
University of Richmond Law Review
Recent events have shone a light on the particular vulnerability of people with dementia to police violence. Police are arresting people with dementia and using excessive force to do it—drawing their firearms, deploying tasers, and breaking bones.
To date, little attention has been paid to the burgeoning number of people with dementia, one of society’s most vulnerable populations, and their experiences with the criminal justice system. This Article examines how dementia leads people to engage in activity that appears criminal (shoplifting (forgetting to pay), and trespass (wandering), for instance) and the disproportionate response of police. In several cases where people …
Table Of Contents,
2023
University of Richmond
Conditional Purging Of Wills,
2023
University of Wyoming College of Law
Conditional Purging Of Wills, Mark Glover
University of Richmond Law Review
The laws of most states unconditionally purge a testamentary gift to an individual who serves as an attesting witness to the will. Under this approach, the will is valid despite the presence of an interested witness, but the witness forfeits all, some, or none of her gift, depending on the particularities of state law. While the outcome of the interested witness’s gift varies amongst the states that adhere to this majority approach, the determination of what the interested witnesses can retain is the same. The only consideration is whether the beneficiary is also a witness; whether her gift is purged …
Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters,
2023
South Texas College of Law Houston
Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters, Joseph K. Leahy
University of Richmond Law Review
Recently, the Texas Supreme Court breathed new life into some ancient zombies—zombie precedents, that is!—which have long lurked in the shadows of the nation’s partnership formation caselaw. This Article tells the story of those undead cases—describing them, debunking them, and plotting their demise.
This zombie tale begins with the supposed black-letter law of partnership formation. In nearly every state, formation of a general partnership is governed by one of two uniform partnership acts. Under both acts, a business relationship ripens into a partnership whenever the statutory definition of partnership is satisfied. The parties’ intent to become “partners” (or not) is …
Memorizing Trade Secrets,
2023
University of Idaho College of Law
Memorizing Trade Secrets, Timothy E. Murphy
University of Richmond Law Review
The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information’s relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing …
