In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age,
2022
University of Cincinnati College of Law
In Defense Of Self And Home: The Problems With Limiting Second Amendment Rights For Young Adults Based On Their Age, Andrew White
University of Cincinnati Law Review
No abstract provided.
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism,
2022
University of Cincinnati College of Law
A Tipping Point In Ohio: The Primacy Model As A Path To A Consistent Application Of Judicial Federalism, The Honorable Pierre Bergeron
University of Cincinnati Law Review
No abstract provided.
Using Law Clerks To Improve Efficiency In Jamaican Courts,
2022
Howard University School of Law
Using Law Clerks To Improve Efficiency In Jamaican Courts, Sha-Shana Crichton
Georgia Journal of International & Comparative Law
No abstract provided.
Technologically Improving Textualism,
2022
University of Nevada, Las Vegas -- William S. Boyd School of Law
Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen
Nevada Law Journal Forum
The textualist approach to construing statutes, regulations, contracts, and other documents remains dominant but has drawbacks, most significantly its tendency to disregard probative evidence of textual meaning in favor of isolated judicial impressions and dictionary definitions. Although a broader, contextual, “integrative” approach to interpretation is preferable, the hegemony of textualism, even extreme textualism, is unlikely to recede soon. Textualism can be substantially improved, however, through effective use of a form of big data—the corpus linguistics approach to discerning word meaning. By enlarging the universe of sources about how words are actually used, corpus linguistics represents a significant improvement over ...
A Call For Action: How Clients And Judges Can Do More To Address The Legal Profession's Diversity Problem,
2022
University of St. Thomas, Minnesota
A Call For Action: How Clients And Judges Can Do More To Address The Legal Profession's Diversity Problem, Sybil Dunlop
University of St. Thomas Law Journal
No abstract provided.
Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles,
2022
Angelo State University
Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin
Texas A&M Law Review
The 2022 retirement of Justice Stephen Breyer and President Joe Biden’s promise to exclude all non-Black females from consideration for his replacement has sparked controversy. Some have praised the decision as essential to ensuring diversity on the Court and point out that there are more than enough qualified Black women to select from. And some believe the decision will result in corporate leaders making similar calls for equity in their own companies. Others have criticized the decision, expressing a belief that discriminating on the basis of race and gender is “not a great start in selecting someone sworn to ...
The Future Of The Allen Charge In The New Millennium,
2022
University of Arkansas, Fayetteville
The Future Of The Allen Charge In The New Millennium, Caleb Epperson
Arkansas Law Review
"In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same." Following the death of George Floyd on May 25, 2020, social and political movements grew rapidly nationwide to combat the prevalence of police brutality against African-American communities. The impact of the ongoing Black Lives Matter movement has been observed in both cities across the United States and in related movements internationally. This movement highlights the necessity for police reform and catalyzes the public’s growing call for greater criminal justice reform. To achieve the ...
Minimum Sentences, Maximum Suffering: A Proposal To Reform Mandatory Minimum Sentencing,
2022
Liberty University
Minimum Sentences, Maximum Suffering: A Proposal To Reform Mandatory Minimum Sentencing, Jordan Ramsey
Helm's School of Government Conference
This paper offers several proposals to reform mandatory minimum sentencing laws and asks how we can best uphold Freedom and the Rule of Law within sentencing law.
To Stay Or Not To Stay: Competing Motions In The Shadow Of Multidistrict Litigation,
2022
Candidate for Juris Doctor, Notre Dame Law School, 2022
To Stay Or Not To Stay: Competing Motions In The Shadow Of Multidistrict Litigation, Emily M. Dowling
Notre Dame Law Review
This Note proceeds in three parts. Part I provides a basic overview of the inherent power, with an emphasis on the interaction between inherent power and jurisdiction. In Part II, it reintroduces the Opioid outcome and describes the mechanisms producing it by summarizing district courts’ varied approaches to resolving competing motions to remand or stay. In Part III, it identifies the flaws of those approaches and proposes an alternative solution, applying jurisdictional resequencing doctrine to the ordering inquiry and concluding that the remand must go first.
Aggregate Stare Decisis,
2022
University of Connecticut School of Law
Aggregate Stare Decisis, Kiel Brennan-Marquez
Indiana Law Journal
The fate of stare decisis hangs in the wind. Different factions of the Supreme Court are now engaged in open debate—echoing decades of scholarship—about the doctrine’s role in our constitutional system. Broadly speaking, two camps have emerged. The first embraces the orthodox view that stare decisis should reflect “neutral principles” that run orthogonal to a case’s merits; otherwise, it will be incapable of keeping the law stable over time. The second argues that insulating stare decisis from the underlying merits has always been a conceptual mistake. Instead, the doctrine should focus more explicitly on the merits ...
Judicial Solidarity?,
2022
Boston College Law School
Judicial Solidarity?, Daniel Farbman
Boston College Law School Faculty Papers
We are living in a moment where open and principled resistance to law and legal order are a part of our daily lives. Whether in support of Black Lives Matter or in opposition to mask mandates, people are in the streets resisting. Over the last decade, the perception of the fixity of our legal order has eroded and so, too, has the stability of our consensus that legality and morality are aligned. In this moment, the visibility and viability of resistance to law and civil government through social movements have surged. With the increasing salience of civil resistance resurfaces an ...
Judicial Solidarity?,
2022
Boston College Law School
Judicial Solidarity?, Daniel Farbman
Boston College Law School Faculty Papers
We are living in a moment where open and principled resistance to law and legal order are a part of our daily lives. Whether in support of Black Lives Matter or in opposition to mask mandates, people are in the streets resisting. Over the last decade, the perception of the fixity of our legal order has eroded and so, too, has the stability of our consensus that legality and morality are aligned. In this moment, the visibility and viability of resistance to law and civil government through social movements have surged. With the increasing salience of civil resistance resurfaces an ...
Judicial Solidarity?,
2022
Boston College Law School
Judicial Solidarity?, Daniel Farbman
Boston College Law School Faculty Papers
We are living in a moment where open and principled resistance to law and legal order are a part of our daily lives. Whether in support of Black Lives Matter or in opposition to mask mandates, people are in the streets resisting. Over the last decade, the perception of the fixity of our legal order has eroded and so, too, has the stability of our consensus that legality and morality are aligned. In this moment, the visibility and viability of resistance to law and civil government through social movements have surged. With the increasing salience of civil resistance resurfaces an ...
Rwu Law News: The Newsletter Of Roger Williams University School Of Law,
2022
Roger Williams University School of Law
Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton
Life of the Law School (1993- )
No abstract provided.
“A Sea Of White Faces”: How Courtroom Portraits Undermine Justice In Virginia,
2022
William & Mary
“A Sea Of White Faces”: How Courtroom Portraits Undermine Justice In Virginia, Lauren Miller
Undergraduate Honors Theses
The presence of Confederate symbols and other reminders of white institutional power in courtrooms introduces a risk that impermissible factors such as implicit bias, conscious prejudice, and sympathy for white supremacy will harm litigants’ rights. I compiled data for 210 of 328 courts (64%) in the Commonwealth and found that there are more than 617 portraits on display in Virginia courtrooms. At least 357 portraits depict white men, six depict Black men, fifteen depict white women, and twenty-eight depict people who served in the Confederacy, either in the government or the Confederate States Army (CSA). At least fourteen different courts ...
Repairing A Fractured America,
2022
Liberty University
Repairing A Fractured America, Nathaniel Lewis Tucker
Helm's School of Government Conference
America is fractured beyond repair. The fracture itself has been caused by a foundational deficiency at the core of American government. That deficiency can only be described as a humanistic and rationalistic rebellion against God’s Word in the erecting of the American Federal Government. To correct this problem, the founding documents must be revised for their deficiencies. However, the great question is, by what standard will the founding documents be revised? It is thus proposed there can be no better standard for the American government than the perfect Law of Liberty revealed in the Scriptures of the Old and ...
Location, Location, Location: The Federal Sentencing Guidelines' Abduction Enhancement And The Meaning Of "Different Location",
2022
University of Cincinnati College of Law
Location, Location, Location: The Federal Sentencing Guidelines' Abduction Enhancement And The Meaning Of "Different Location", Sabrina Jemail
University of Cincinnati Law Review
No abstract provided.
Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience,
2022
University of Cincinnati College of Law
Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Amy Dunn Johnson
University of Cincinnati Law Review
No abstract provided.
Judicial Impartiality In The Judicial Council Act 2019: Challenges And Opportunities,
2022
Technological University Dublin
Judicial Impartiality In The Judicial Council Act 2019: Challenges And Opportunities, Brian M. Barry Dr
Articles
The Judicial Council is tasked with promoting and maintaining high standards of judicial conduct. The Judicial Council Act 2019 identifies judicial impartiality as a principle of judicial conduct that Irish judges are required to uphold and exemplify. Despite its ubiquity, judicial impartiality is perhaps under-explained and under-examined.
This article considers the nature and scope of judicial impartiality in contemporary Irish judging. It argues that the Judicial Council ought to take a proactive, multi-faceted approach to promote and maintain judicial impartiality, to address contemporary challenges that the Irish judiciary face including increasingly sophisticated empirical research into judicial performance, the proliferation of ...
Selling And Abandoning Legal Rights,
2022
Boston Univeristy School of Law
Selling And Abandoning Legal Rights, Keith Hylton
Faculty Scholarship
Legal rights impose concomitant legal burdens. This paper considers the valuation and disposition of legal rights, and legal burdens, when courts cannot be relied upon to perfectly enforce rights. Because courts do not perfectly enforce rights, victims suffer some loss in the value of their rights depending on the degree of underenforcement. The welfare implications of trading away and abandoning rights are examined. Victims do not necessarily trade away rights when and only when such trade is socially desirable. Relatively pessimistic victims (who believe
their rights are weaker than injurers do) trade away rights too cheaply. Extremely pessimistic victims abandon ...