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.
Bridges Of Law, Ideology, And Commitment,
2022
Wayne State University Law School
Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …
Champions For Justice 8th Annual, May 6, 2022,
2022
Roger Williams University
Champions For Justice 8th Annual, May 6, 2022, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
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 imperial …
Review Of Code Of Judicial Conduct: Ethical Campaigning (With A Special Emphasis On Inappropriate Political Activity And Canon 5),
2022
University of South Dakota School of Law
Review Of Code Of Judicial Conduct: Ethical Campaigning (With A Special Emphasis On Inappropriate Political Activity And Canon 5), Thomas Simmons
Faculty Publications
No abstract provided.
Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes,
2022
Boston University School of Public Health; Boston University School of Law
Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. Mcclain
Shorter Faculty Works
Protesters on both sides of the abortion debate descended on the US Supreme Court Monday night and into Tuesday after a leaked secret draft of a US Supreme Court opinion indicated that a majority of justices support overturning Roe v. Wade, after almost 50 years of legalized abortion rights in America. If finalized, possibly as soon as this summer, the bombshell could trigger a cultural tsunami across American life, forcing some women to travel to another state for an abortion and putting the divisive issue at the heart of the fall midterm elections.
Swimming Up The Stream Of Commerce: How Plaintiffs In Products Liability Litigation Are Disadvantaged By Current Personal Jurisdiction Doctrine,
2022
University of Richmond School of Law
Swimming Up The Stream Of Commerce: How Plaintiffs In Products Liability Litigation Are Disadvantaged By Current Personal Jurisdiction Doctrine, Lily S. Smith
University of Richmond Law Review
The growth of e-commerce has facilitated an increasing number of products’ travel, frequently across state and international lines. This development has subsequently increased litigation between parties who are of diverse residencies. These disputes have challenged the fundamental territorial principles that established early personal jurisdiction doctrine. Moreover, unprecedented corporate expansion—both geographically and economically—has created an environment that has outgrown a doctrine focused on protecting defendants’ rights. As courts are beginning to reform their analysis in products liability litigation towards finding Amazon and others like it strictly liable for injuries caused by products sold on their sites, Amazon will have to find …
Completing Expungement,
2022
Seton Hall University School of Law
Completing Expungement, Brian M. Murray
University of Richmond Law Review
The limits of expungement are where the hope for real reentry meet the desire for criminal justice transparency. That a criminal record, ordered expunged by a judge after a long and arduous process, continues to exist in the world of private actors is a cold, harsh reality for those attempting to reenter civil society. It is also reassurance for parents hiring a babysitter, school districts seeking new employees, and employers concerned about workplace liability. Not to mention, the thought that all records of criminal justice adjudication could be purged forever intuitively sounds Orwellian, even in an age where surveillance, whether …
Rethinking Retroactive Rulemaking: Solving The Problem Of Adjudicative Deference,
2022
University of Tulsa School of Law
Rethinking Retroactive Rulemaking: Solving The Problem Of Adjudicative Deference, Gwendolyn Savitz
University of Richmond Law Review
The Chevron doctrine enables courts to defer to authoritative, legally binding agency interpretations of ambiguous statutes. Though more frequently applied when reviewing rulemaking, the doctrine is actually more powerful when applied to an adjudication. In an adjudication, the agency can attach consequences to past actions made before the interpretation announced in the adjudication itself. Since such a determination will receive deference on review, this declaration effectively becomes a new rule, having gone through neither public notice or public comment. Not only does it become a new rule, it becomes a new rule that is effective retroactively. It is illogical to …
Redefining The Badges Of Slavery,
2022
Santa Clara University School of Law
Redefining The Badges Of Slavery, Nicholas Serafin
University of Richmond Law Review
Section 2 of the Thirteenth Amendment grants Congress the authority to eliminate the “badges and incidents” of slavery. What constitutes an incident of slavery is clear: the incidents of slavery are the legal restrictions, such as submission to a master and a ban on the ownership of productive property, that were inherent in the institution of slavery itself. What constitutes a badge of slavery is far less certain, and relatively few legal scholars have examined the historical meaning of the metaphor. Nevertheless, there has emerged a renewed interest in Section 2, such that the literature now abounds with proposals for …
Movement Lawyers: Henry L. Marsh's Long Struggle For Educational Justice,
2022
Gonzaga University School of Law
Movement Lawyers: Henry L. Marsh's Long Struggle For Educational Justice, Danielle Wingfield-Smith
University of Richmond Law Review
Born in 1933 in Richmond, Virginia, Henry Marsh was a protégé of legendary Virginia civil rights attorney Oliver Hill, who was a member of a civil rights legal team with Spotswood Robinson and commissioned by Charles Hamilton Houston to investigate school inequalities and prepare a legal strategy for dismantling segregationist laws. Growing up in Virginia during the 1930s, 40s, and 50s, Marsh was reared in the apartheid culture of Jim Crow society. Later, under Oliver Hill and Samuel W. Tucker’s mentorship, Marsh studied Virginia’s legal and educational systems and learned how to navigate Virginia’s seemingly tranquil Jim Crow politics called …
Humanize, Don't Paternalize: Victim-Offender Mediation After Intimate Partner Violence,
2022
University of Richmond School of Law
Humanize, Don't Paternalize: Victim-Offender Mediation After Intimate Partner Violence, Ren Warden
University of Richmond Law Review
Retributive legal systems fail survivors of intimate partner violence. In criminal cases, when the government and the offender are the parties to the matter, the legal status of a survivor is reduced to that of a mere witness. Survivors then must surrender their agency in the fight against their own trauma. Survivors of intimate partner violence (“IPV”) who turn to civil litigation to recover after their experiences may experience further trauma as a result of time-consuming, extensive, and often invasive contact with the legal system. Even restitution, a largely restorative remedy, lacks the agency, finality, and emotive opportunities that IPV …
Replacing Tinker,
2022
University of Richmond
Replacing Tinker, Noah C. Chauvin
University of Richmond Law Review
In this Article, I wish to question whether reaffirming the animating spirit of Tinker is the best way to protect student speech rights. In allowing schools to punish student speech that school officials reasonably believe could be substantially disruptive, Tinker founds students’ free expression rights on unstable ground. This is true for two reasons. First, the Tinker standard allows school officials to regulate student speech based on their own perceptions of what its impacts will be. While these perceptions must be reasonable, courts have shown extraordinary deference to educators’ claims that student speech could be substantially disruptive. Second, the substantial …
Appoint Candace Jackson-Akiwumi To The Seventh Circuit,
2022
University of Richmond School of Law
Appoint Candace Jackson-Akiwumi To The Seventh Circuit, Carl Tobias
University of Richmond Law Review
On November 30, Seventh Circuit Judge Joel Flaum assumed senior status when he completed over four decades of rigorous public service as a prominent jurist. On that day, the Senate resumed the prolonged lame duck session, which the GOP upper chamber majority began after voters had elected Joe Biden to replace former President Donald Trump. Trump correctly refrained from nominating Flaum’s successor. Four months later, President Biden dutifully announced that he would name Candace Jackson-Akiwumi to replace Flaum. Jackson-Akiwumi is a particularly qualified, mainstream nominee. Because she comprehensively answered senators’ complex, probing questions, and the Seventh Circuit lacks any people …
How President Biden Can Fill The Central District Of California Bench,
2022
University of Richmond School of Law
How President Biden Can Fill The Central District Of California Bench, Carl Tobias
University of Richmond Law Review
President Joseph Biden confronts an enormous opportunity to seat highly qualified, mainstream federal judges in plenty of appeals court and district court openings which former President Donald Trump neglected to fill in his four-year term. The remarkable California trial level vacant emergency slots, particularly in the United States District Court for the Central District of California, are the United States’ worst-case scenario and consummate promise. The Central District of California tribunal had experienced as many as ten lengthy open court slots among twenty-eight posts during the Trump administration, but it encounters six vacancies today.
A Music Industry Circuit Split: The De Minimis Exception In Digital Sampling,
2022
University of Richmond School of Law
A Music Industry Circuit Split: The De Minimis Exception In Digital Sampling, Michaela S. Morrissey
University of Richmond Law Review
When hip-hop icon Biz Markie released his album “All Samples Cleared!” he joked of the end of what was known as the “Golden Age” of digital sampling in the hip-hop and rap music industry. The Golden Age began in the late 1980s, and because there was no regulation of the practice, it was a period of musical enlightenment in which musicians could freely utilize digital sampling without legal repercussion. However, in 2005, the United States Court of Appeals for the Sixth Circuit handed down an opinion that sent shock waves across the music industry. In Bridgeport Music Inc. v. Dimension …
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 provide …
Table Of Contents,
2022
University of Richmond
Acknowledgments,
2022
University of Richmond School of Law
Acknowledgments, Christopher J. Sullivan
University of Richmond Law Review
No abstract provided.
