How Trust-Like Is Russia's Fiduciary Management? Answers From Louisiana,
2019
Louisiana State University Law Center
How Trust-Like Is Russia's Fiduciary Management? Answers From Louisiana, Markus G. Puder, Anton D. Rudokvas
Louisiana Law Review
The article discusses estate trust management and fiduciary management under the Civil Code of the Russian Federation, its comparison to the trust law in Louisiana and some examples of Russian jurisprudence on the topics.
Pepperdine University School Of Law Legal Summaries,
2019
Pepperdine University
Pepperdine University School Of Law Legal Summaries, Analise Nuxoll
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Restoring Effective Congressional Oversight: Reform Proposals For The Enforcement Of Congressional Subpoenas,
2019
Notre Dame Law School
Restoring Effective Congressional Oversight: Reform Proposals For The Enforcement Of Congressional Subpoenas, Kia Rahnama
Journal of Legislation
This Article proposes possible legislative reforms to Congress’s exercise of its contempt power in combating non-compliance with subpoenas duly issued as part of congressional investigations. With the recent trends in leveraging congressional investigations as an effective tool of separation of powers, this Article seeks to explore the exact bounds of congressional power in responding to executive officers’ noncompliance with congressional subpoenas, and whether or not current practice could be expanded beyond what has historically been tried by the legislative branch. This Article provides a brief summary of the historic practice behind different options for responding to non-compliance with subpoenas (inherent …
Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act,
2019
Notre Dame Law School
Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney
Journal of Legislation
No abstract provided.
The Case Against Absolute Judicial Immunity For Immigration Judges,
2019
University of Minnesota Law School
The Case Against Absolute Judicial Immunity For Immigration Judges, Jacqueline Stevens
Minnesota Journal of Law & Inequality
A federal regulation states that immigration hearings shall be open to the public. Courts and scholars also have located a right to observe these proceedings in the First Amendment. And yet immigration judges (IJ) have excluded members of the press and other observers from hearings for no stated legal reasons, thus effectively eliminating public scrutiny of proceedings that affect millions of citizens and non-citizens in the United States. In response to a lawsuit pursuing monetary, injunctive, and declaratory relief after an IJ ordered guards to remove a reporter from a federal building, an Eleventh Circuit panel held IJs have absolute …
Absurdity In Disguise: How Courts Create Statutory Ambiguity To Conceal Their Application Of The Absurdity Doctrine,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Absurdity In Disguise: How Courts Create Statutory Ambiguity To Conceal Their Application Of The Absurdity Doctrine, Laura R. Dove
Nevada Law Journal
No abstract provided.
Hardship And Hard Drives: Artificial Intelligence, Judicial Decision-Making, And The Discharge Of Student Loan Debt,
2019
JD Candidate, University of Toronto
Hardship And Hard Drives: Artificial Intelligence, Judicial Decision-Making, And The Discharge Of Student Loan Debt, Forrest Finn
Canadian Journal of Law and Technology
Section 178(1.1) of the Bankruptcy and Insolvency Act allows individuals to apply for discretionary relief from the non-dischargeable nature of student loan debts. Subparagraph (b) of this relief establishes a ‘‘hardship” requirement. The elements for this hardship requirement have been developed and applied by judges in the form of standards. The issue addressed in this paper is whether these standards are applied predictably. Using both statistical analysis and machine learning algorithms, this paper demonstrates that judicial decision-making on the hardship requirement is predictable. This predictability has significant implications. Most importantly it suggests that predictive software could be created for s. …
Legal Sets,
2019
St. John's University School of Law
Legal Sets, Jeremy N. Sheff
Cardozo Law Review
In this Article, I propose that the practices of legal reasoning and analysis are helpfully understood as being primarily concerned not with rules or propositions, but with sets. This Article develops a formal model of the role of sets in the practices of legal actors in a common-law system defined by a recursive relationship between cases and rules. In doing so, it demonstrates how conceiving of legal doctrines as a universe of discourse comprising (sometimes nested or overlapping) sets of cases can clarify the logical structure that governs marginal cases and help organize the available options for resolving such cases …
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws,
2019
William & Mary Law School
Justice Begins Before Trial: How To Nudge Inaccurate Pretrial Rulings Using Behavioral Law And Economic Theory And Uniform Commercial Laws, Michael Gentithes
William & Mary Law Review
Injustice in criminal cases often takes root before trial begins. Overworked criminal judges must resolve difficult pretrial evidentiary issues that determine the charges the State will take to trial and the range of sentences the defendant will face. Wrong decisions on these issues often lead to wrongful convictions. As behavioral law and economic theory suggests, judges who are cognitively busy and receive little feedback on these topics from appellate courts rely upon intuition, rather than deliberative reasoning, to resolve these questions. This leads to inconsistent rulings, which prosecutors exploit to expand the scope of evidentiary exceptions that almost always disfavor …
A Second Opinion: Can Windsor V. United States Survive President Trump’S Supreme Court?,
2019
Brooklyn Law School
A Second Opinion: Can Windsor V. United States Survive President Trump’S Supreme Court?, Artem M. Joukov
Journal of Law and Policy
This Article examines President Donald Trump’s recent recomposition of the United States Supreme Court and the potential effects on Windsor v. United States and its progeny. The Article considers whether the shifting balance of the Court may lead to reconsideration of Windsor, particularly via attempted exploits of the weaknesses in the standard of review applied to reach the decision. The Article will conclude that while revolutionary, Windsor lacked the doctrinal clarity of its offspring, Obergefell v. Hodges, and therefore may be at greatest risk of reversal by the increasingly conservative Court. In particular, the Court may rely on the conflict …
Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence,
2019
Barry University School of Law
Reframing The Affirmative Action Debate To Move Beyond Arguments For Diversity And Interest Convergence, Adrian Jamal Mclain, Steven L. Nelson
Barry Law Review
No abstract provided.
Self-Deportation Nation,
2019
Georgetown University Law Center
Self-Deportation Nation, K-Sue Park
Georgetown Law Faculty Publications and Other Works
“Self-deportation” is a concept to explain the removal strategy of making life so unbearable for a group that its members will leave a place. The term is strongly associated with recent state and municipal attempts to “attack every aspect of an illegal alien’s life,” including the ability to find employment and housing, drive a vehicle, make contracts, and attend school. However, self-deportation has a longer history, one that predates and made possible the establishment of the United States. As this Article shows, American colonists pursued this indirect approach to remove native peoples as a prerequisite for establishing and growing their …
Cosmopolitan Democracy: Re-Evaluation Of Globalization And World Economic System,
2019
CUNY Graduate Center
Cosmopolitan Democracy: Re-Evaluation Of Globalization And World Economic System, Muhammad Dalhatu
Dissertations, Theses, and Capstone Projects
This thesis examines cosmopolitan democracy theory as a method of addressing the problems of globalization. I begin by introducing the concept of “cosmopolitan democracy.” I then proceed to discuss contemporary political climate and its relation to critiques of globalization. Finally, I conclude by examining the elaborations of cosmopolitan democracy by various theorists as a way of addressing these problems. Chapter 1 introduces the work of David Held who introduced the concept in his book, Cosmopolitan Democracy and the Global Order: Reflections on the 20th Anniversary of Kant’s “Perpetual Peace.” Cosmopolitan democracy refers to global governance through democratic theory. Held …
All That Is Liquidated Melts Into Air: Five Meta-Interpretive Issues,
2019
Barry University School of Law
All That Is Liquidated Melts Into Air: Five Meta-Interpretive Issues, D.A. Jeremy Telman
Barry Law Review
No abstract provided.
A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law,
2019
Barry University School of Law
A Comprehensive Rethinking Of Equal Protection Post-Obergefelll: A Plea For Substantivity In Law, Shannon Gilreath
Barry Law Review
No abstract provided.
States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches,
2019
Barry University School of Law
States As Civil Rights Actors: Assessing Advocacy Mechanisms Within A State’S Legislative, Executive, And Judicial Branches, Jennifer Safstrom
Barry Law Review
No abstract provided.
“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law,
2019
Brooklyn Law School
“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein
Brooklyn Law Review
This article carefully examines, through a therapeutic jurisprudence framework, the likely impact of the United States’ ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on U.S. society’s sanist attitudes towards persons with mental disabilities. Although the United Nations ratified the CRPD—the most significant historical development in the recognition of the human rights of persons with mental disabilities— in 2008, the United States has yet to ratify it. In this article, we consider whether the CRPD, if ratified, is likely to finally extinguish the toxic stench of sanism that permeates all levels of society. We …
Is Reasonable Doubt Self-Defining?,
2019
Villanova University Charles Widger School of Law
Is Reasonable Doubt Self-Defining?, Lawrence T. White, Michael D. Cicchini
Villanova Law Review (1956 - )
No abstract provided.
Criminalizing The Other: Exploring The Impact Of The Netherlands' Adaptation Of Prosecutorial Guidelines On Sentencing Disparities,
2019
SIT Study Abroad
Criminalizing The Other: Exploring The Impact Of The Netherlands' Adaptation Of Prosecutorial Guidelines On Sentencing Disparities, Alia Nahra
Independent Study Project (ISP) Collection
This research explores the impact of the 2015 institution of prosecution guidelines in the Netherlands. Prior to this switch, the Openbaar Ministerie operated using a punishment point system, which provided a mathematical formula with which to decide sanctions. Though the motivation of this change was to make the overall system more efficient and enable individual prosecutors to consider each case in a customizable and more equitable form, this research demonstrates that the change has served instead as a perpetuator (and in some cases, facilitator) of the persistent ethnic and gender biases already at work in the Netherlands. The social and …
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 …
