Life, Liberty, And The Pursuit Of Paid Parental Leave: How The United States Has Disadvantaged Working Families,
2019
University of Richmond
Life, Liberty, And The Pursuit Of Paid Parental Leave: How The United States Has Disadvantaged Working Families, Kate Miceli
University of Richmond Law Review
This article argues the critical need for the United States to pass a comprehensive paid parental leave program, specifically, the FAMILY Act, to support all families’ financial and caregiving needs and eliminate gender bias in the workplace. First, this article explains the current state of federal parental leave in the United States. Next, it details what an ideal parental leave policy should look like. Finally, it explores current paid parental leave options on the state level as well as proposed federal legislation.
Making The Invisible Visible: Exploring Implicit Bias, Judicial Diversity, And The Bench Trial,
2019
Albany Law School
Making The Invisible Visible: Exploring Implicit Bias, Judicial Diversity, And The Bench Trial, Melissa L. Breger
University of Richmond Law Review
All people harbor implicit biases—which by definition, are not always consciously recognized. Although trial judges are specifically trained to compartmentalize and shield their decisions from their own biases, implicit biases nonetheless seep into judicial decision making. This article explores various strategies to decrease implicit bias in bench trials. Questions are then raised about whether a judge who has faced bias personally would be more amenable and more open to curbing implicit bias professionally. Ultimately, does diversifying the trial court judiciary minimize implicit bias, while also creating a varied, multidimensional judicial voice comprised of multiple perspectives? This article will explore this …
Access Before Evidence And The Price Of The Fda’S New Drug Authorities,
2019
University of Missouri School of Law
Access Before Evidence And The Price Of The Fda’S New Drug Authorities, Erika Lietzan
University of Richmond Law Review
Sometimes drug innovation seems to happen in reverse. Patients enjoy a treatment for years even though the treatment has not been approved by the FDA or proven safe and effective to the FDA’s standards. (Sometimes this happens because the FDA has declined to take enforcement action.) The agency encourages companies to perform the work necessary to satisfy the United States “gold standard” for new drug approval, however, by promising exclusivity in the marketplace. When a company does this work, at considerable expense, the results are predictable. The new drug is expensive, and patients and payers (and sometimes policymakers) are outraged. …
The First Amendment And The Great College Yearbook Reckoning,
2019
University of Richmond School of Law
The First Amendment And The Great College Yearbook Reckoning, Maryann Grover
University of Richmond Law Review
I advance my argument in three parts. In Part I, I discuss the law as it currently applies to student publications. I begin by briefly addressing the law as it applies to student publications in high schools as a way of demonstrating the lack of clarity in the law as it applies to student publications on college campuses. I then discuss the current state of speech regulation for student publications, including yearbooks, on college campuses. In Part II, I discuss each of the categories of unprotected speech as they are currently interpreted by the Supreme Court, and I demonstrate how …
Law Library Blog (May 2019): Legal Beagle's Blog Archive,
2019
Roger Williams University
Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Table Of Contents,
2019
University of Richmond
Acknowledgments,
2019
University of Richmond School of Law
Acknowledgments, So Ra Ko
University of Richmond Law Review
I present the last book of Volume 53, the last in a series of four print issues the University of Richmond Law Review publishes throughout the academic year. Our publications would not have been possible without those who generously dedicated their time to this organization. As those before me, I take these first few pages of this final book to offer my gratitude to those who have contributed to the successes of the Law Review.
Transitional Equality,
2019
Rutgers Law School
Transitional Equality, Suzanne A. Kim
University of Richmond Law Review
Legal discussions of inequality often focus on the virtues of one legal status or regulatory structure over another, but a guarantee of the right to a particular legal status does not ensure a lived experience of equality in that status. In moments of legal change, when a person or class of persons obtain a new status or gain rights that had previously been denied to them, the path from one legal status to another becomes critically important and may itself be impacted by race, gender, age, and other factors. The process of transitioning to a new status can be complex …
When The Problem Is The Solution: Evaluating The Intersection Between The U Visa “Helpfulness” Requirement And No-Drop Prosecution Policies,
2019
University of Richmond
When The Problem Is The Solution: Evaluating The Intersection Between The U Visa “Helpfulness” Requirement And No-Drop Prosecution Policies, Diane Mickelson
University of Richmond Law Review
When Congress introduced the U visa in 2000, it intended to create a program that not only protected immigrant victims of domestic violence from deportation, but also strengthened law enforcement’s ability to investigate crimes and encouraged victims to report the abuse. Traditionally, immigrant victims are particularly vulnerable to domestic violence and have been provided with few options to leave the relationship without risking their immigration status. However, while the U visa provides immigration protections to broad categories of victims, it contains a unique “helpfulness” requirement that compels victims to continually cooperate with law enforcement in order to receive the necessary …
Statutory Interpretation, Administrative Deference, And The Law Of Stare Decisis,
2019
Notre Dame Law School
Statutory Interpretation, Administrative Deference, And The Law Of Stare Decisis, Randy J. Kozel
Journal Articles
This Article examines three facets of the relationship between statutory interpretation and the law of stare decisis: judicial interpretation, administrative interpretation, and interpretive methodology. In analyzing these issues, I emphasize the role of stare decisis in pursuing balance between past and present. That role admits of no distinction between statutory and constitutional decisions, calling into question the practice of giving superstrong deference to judicial interpretations of statutes. The pursuit of balance also suggests that one Supreme Court cannot bind future Justices to a wide-ranging interpretive methodology. As for rules requiring deference to administrative interpretations of statutes and regulations, they are …
Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch,
2019
Ursinus College
Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz
Politics Honors Papers
Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to …
First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019,
2019
Roger Williams University
First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: National Admiralty Champs! April 4, 2019,
2019
Roger Williams University School of Law
Law School News: National Admiralty Champs! April 4, 2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Power Of A Mentor,
2019
University of Arkansas Little Rock
The Power Of A Mentor, Marshall L. Davidson Iii
The Journal of Appellate Practice and Process
No abstract provided.
Dedication To Judge Arthur Recht,
2019
West Virginia University College of Law
Dedication To Judge Arthur Recht, Blair Wessels
West Virginia Law Review
No abstract provided.
Reshaping American Jurisprudence In The Trump Era - The Rise Of Originalist Judges,
2019
St. Mary's University School of Law
Reshaping American Jurisprudence In The Trump Era - The Rise Of Originalist Judges, Jeffrey F. Addicott
Faculty Articles
One of the factors that is often cited as a key reason why President Donald J. Trump was elected as the forty-fifth president, was his pledge to the American people to "make America great again" by appointing "conservative judges" to the bench, particularly when it came to filling any vacancies that might open on the United States Supreme Court. Since the never ending fight for securing an ideological majority on the Supreme Court is always viewed with great concern by both political parties, many wondered whether then candidate Trump was simply telling potential voters what they wanted to hear, or …
Out Of Many, One: Discovering The Shared Statutory Speech Community Through Corpus Linguistics,
2019
Brigham Young University Law School
Out Of Many, One: Discovering The Shared Statutory Speech Community Through Corpus Linguistics, Justin A. Miller
BYU Law Review
No abstract provided.
Enlarged Panels In The Court Of Appeal Of Singapore,
2019
Singapore Management University
Enlarged Panels In The Court Of Appeal Of Singapore, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
For many years the Court of Appeal of Singaporegenerally sat with no more than three judges to hear cases. Since 2014, however, quintets have increasingly been constituted in that court. This articleconsiders the recent practice in Singapore and, drawing on comparisons with theposition in some other Commonwealth jurisdictions, offers a few thoughts on its possible operation in the future.
The Past And The Present: Stare Decisis In Wisconsin Law,
2019
Marquette University Law School
The Past And The Present: Stare Decisis In Wisconsin Law, Daniel R. Suhr, Kevin Leroy
Marquette Law Review
None
Table Of Contents,
2019
University of Richmond
