Seattle University School of Law
CUNY John Jay College
Cornell Law School
Notre Dame Law School
Texas Fifth Court of Appeals
Duke Law School
Fordham University School of Law
Indiana University Robert H. McKinney School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
UIC School of Law
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review),
2023
St. Mary's University School of Law
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
Faculty Articles
In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court,
2023
St. John's University School of Law
Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise
St. John's Law Review
In this third iteration of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied all digested Establishment Clause decisions by federal circuit and district court judges from 2006 through 2015. The first clause of the First Amendment to the United States Constitution directs that “Congress shall make no law respecting an establishment of religion.” That provision has generated decades of controversy regarding the appropriate role of religion in public life.
Holding key variables constant, we found that Catholic judges approved Establishment Clause claims at a 29.6% rate, compared with a 41.5% rate before non-Catholic …
Remembering The Hon. Viola J. Taliaferro,
2023
Maurer School of Law: Indiana University
Remembering The Hon. Viola J. Taliaferro, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
No abstract provided.
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg,
2023
Villanova University Charles Widger School of Law
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Villanova Environmental Law Journal
No abstract provided.
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights,
2023
American University in Cairo
Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed
Theses and Dissertations
The fact that there is a constant conflict between individual rights and state or social interests has historically provoked the question of how to balance or harmonize such conflicting interests? On what basis shall the legislator or the judge decide in favor of this or that right in his legislation or judgement? Where shall we, for example, draw the line between the right to freedom of expression and the right to protect one’s honor and reputation? How could the legislator find the compromise between the state duty to protect fetus life and its obligation not to interfere with woman’s right …
Justice Ginsburg's Journey To Dissents And Influence On Reproductive Rights,
2023
University of the District of Columbia School of Law
Justice Ginsburg's Journey To Dissents And Influence On Reproductive Rights, Songo Wawa
University of the District of Columbia Law Review
Justice Ruth Bader Ginsburg’s advocacy for gender equity, evidenced by her nationally famous dissents, began long before her 27 years on the Supreme Court. Prior to becoming a Supreme Court Justice, Attorney Ginsburg’s early experiences of gender inequity led to her advocacy for women’s rights as a law professor and as co-founder of the American Civil Liberties Union’s Women’s Rights Project. 1 Attorney Ginsburg’s legal strategy encompassed her pragmatic approach to voicing her opinions about gender equality. 2 In Gonzales v. Carhart, both her dissent announcement and written dissent demonstrated Justice Ginsburg’s commitment to women’s reproductive autonomy.3 Without Justice Ginsburg’s …
A History Of Exclusion: "For Cause" Challenges And Black Jurors,
2023
University of St. Thomas, Minnesota
A History Of Exclusion: "For Cause" Challenges And Black Jurors, Lauren Kingsbeck
University of St. Thomas Law Journal
No abstract provided.
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy,
2023
Liberty University
Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady
Helm's School of Government Conference
Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.
The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …
The New Laboratories Of Democracy,
2023
University of Pittsburgh, School of Law
The New Laboratories Of Democracy, Gerald S. Dickinson
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting,
2023
Columbia Law School
Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting, Richard Briffault
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Why Indiana Harbor Is The Worst Torts Decision In American History,
2023
University of Connecticut
Why Indiana Harbor Is The Worst Torts Decision In American History
Connecticut Law Review
Judge Richard A. Posner’s opinion for the Seventh Circuit in Indiana Harbor Belt Railroad Co. v. American Cyanamid Co., concerning a spill of the hazardous chemical acrylonitrile at a railyard near Chicago, is considered the definitive statement on the abnormally dangerous activity doctrine. That doctrine (also known as the ultrahazardous activity doctrine) holds that one who engages in an abnormally dangerous activity is strictly liable for harm caused to others, regardless of negligence. However, Judge Posner’s opinion suggests that strict liability should rarely displace the negligence standard, even for commercial activities that externalize high degrees of risk. That approach leads …
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023,
2023
Roger Williams University School of Law
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Life of the Law School (1993- )
No abstract provided.
The Intersection Of Judicial Interpretive Methods And Politics In Supreme Court Justices’ Due Process Opinions,
2023
Arcadia University
The Intersection Of Judicial Interpretive Methods And Politics In Supreme Court Justices’ Due Process Opinions, Julie Castle
The Compass
The Supreme Court, a nine seat bench of unelected and lifetime tenured Justices, determines the constitutionality of dozens of cases each year. In this thesis, I research to what extent the political affiliation of the Justices affects the judicial decision making process and, ultimately, case outcomes. Using pattern matching, I evaluate due process opinions from Justice Breyer, Justice O’Connor, and Justice Scalia, all of whom have established constitutional analysis methods, in order to determine if they reasonably adhere to their established method. Due to the highly political nature of due process cases, variance between the expected (adherence to the Justices’ …
Biden, Bennet, And Bipartisan Federal Judicial Selection,
2023
University of Colorado Law School
Biden, Bennet, And Bipartisan Federal Judicial Selection, Carl Tobias
University of Colorado Law Review Forum
No abstract provided.
The Role Of Law In U.S. History Textbooks,
2023
New England Law | Boston
The Role Of Law In U.S. History Textbooks, Russ Versteeg
Cleveland State Law Review
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) ALAN BRINKLEY, AMERICAN HISTORY CONNECTING WITH THE PAST 745 (McGraw-Hill Educ., 15th ed. 2015); (2) ERIC FONER, GIVE ME LIBERTY! AN AMERICAN HISTORY 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) DAVID GOLDFIELD ET AL., THE AMERICAN JOURNEY: A HISTORY OF THE UNITED STATES (7th ed. Combined vol. 2014, 2011, 2008). The Article includes a quantitative analysis of topics (i.e., tabulating the topics that appear most frequently in the texts arranged chronologically) as well as summaries of those topics. It also discusses …
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.
Unique Civic Education Program Aims To Teach Young People About Courts And Civility,
2023
Duke Law
Unique Civic Education Program Aims To Teach Young People About Courts And Civility, Robin L. Rosenberg, Beth Bloom
Judicature International
No abstract provided.
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 …
Foreword: Toward A New Compact With Rural America,
2023
Center for Sustainable Development, Brookings Institution
Foreword: Toward A New Compact With Rural America, Anthony F. Pipa
University of Richmond Law Review
The interpretation of United States laws and policies, and the extent to which they obstruct or support rural places and people to take advantage of opportunity, are at the nexus of our nation’s ability to reweave the social fabric and create a new compact between its rural areas and the rest of the country. It requires recognizing our interdependencies, our mutual interests, and our shared humanity. The Articles contained herein get us started—it is incumbent that we build on these contributions to take their ideas forward and provoke new and constructive policy debates.
Rural America As A Commons,
2023
University of South Carolina School of Law
Rural America As A Commons, Ann M. Eisenberg
University of Richmond Law Review
With many ready to dismiss non-urban life as a relic of history, rural America’s place in the future is in question. The rural role in the American past is understandably more apparent. As the story of urbanization goes in the United States and elsewhere, the majority of the population used to live in rural places, including small towns and sparsely populated counties. A substantial proportion of those people worked in agriculture, manufacturing, or extractive industries. But trends associated with modernity—mechanization, automation, globalization, and environmental conservation, for instance—have reduced the perceived need for a rural workforce. Roughly since the industrial revolution …
