Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019),
2019
Roger Williams University
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives,
2019
Alexander Blewett III School of Law at the University of Montana
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
The Scholar: St. Mary's Law Review on Race and Social Justice
Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …
The Revival Of Economic Nationalism And The Global Trading System,
2019
Ohio State University Moritz College of Law
The Revival Of Economic Nationalism And The Global Trading System, Daniel C.K. Chow, Ian M. Sheldon, William Mcguire
Cardozo Law Review
The election of Donald ]. Trump to the U.S. Presidency coincided with the United States adopting an "America First" policy in trade. This policy reflects an underlying theory of economic nationalism that is fundamentally at odds with the current approach of the multilateral trading system established by the General Agreement on Tariffs and Trade and the World Trade Organization (GATT/WTO). The current multilateral system is based on a "positive sum game" theory, i.e., the view that cooperative trade concessions can increase the volume of trade for all nations involved and result in reciprocal and mutual benefits. A large body of …
Good Of My Patient: Who Gets To Decide?,
2019
University of Tennessee College of Law
Good Of My Patient: Who Gets To Decide?, Lauren Ruvo
Tennessee Journal of Race, Gender, & Social Justice
Physicians play a crucial role in helping patients make life or death decisions. However, all healthcare professionals have personal beliefs and biases that influence these decisions. This paper explores how physicians are able to uphold the Hippocratic ideal of doing what is in the best interest of the patient while taking into account their personal beliefs and biases. The paper begins by analyzing existing schools of thought around how to do what is best for the patient. While there are many different views, this paper looks at the main three: the bioethical movement, the paternalistic approach to medicine, and the …
Solidarity Economy Lawyering,
2019
John Marshall Law School
Solidarity Economy Lawyering, Renee Hatcher
Tennessee Journal of Race, Gender, & Social Justice
This essay explores lawyering in the solidarity economy movement as an emergent approach to progressive transactional lawyering. The solidarity economy movement is a set of value-driven theories and practices that seeks to transform the global economy into a just economy that centers the needs of people and the planet. While the solidarity economy movement has been established for several decades in other parts of the world, the solidarity economy movement in the United States emerged in 2007. Over the last decade the movement has grown and gained significant momentum, with the rise of solidarity economy organizations and initiatives, as well …
Impact Transaction - Using Collective Impact Relational Contracts To Redefine Social Change In The Urban Core,
2019
University of Denver Sturm College of Law
Impact Transaction - Using Collective Impact Relational Contracts To Redefine Social Change In The Urban Core, Patience A. Crowder
Tennessee Journal of Race, Gender, & Social Justice
Called a “protest anthem” for urban America, Inner City Blues, the final single from R&B artist Marvin Gaye’s award-wining album What’s Going On, documents American urban life by detailing the systemic barriers to economic independence and social equality that plagued urban residents and the impact of these barriers on their daily lives. The song (and album) were released in 1971 as Gaye’s journalistic exploration of the poverty-induced challenges and frustrations of urban life. Almost fifty years later, unfortunately, not much has changed. This is because the operation of law in urban communities historically not been designed to work for …
Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted),
2019
OFFICE OF INSPECTOR GENERAL, Department of Homeland Security
Management Alert -- Dhs Needs To Address Dangerous Overcrowding Among Single Adults At El Paso Del Norte Processing Center (Redacted), John V. Kelly
United States Department of Homeland Security
During the week of May 6, 2019, we visited five Border Patrol stations and two ports of entry in the El Paso area, including greater El Paso and eastern New Mexico, as part of our unannounced spot inspections of CBP holding facilities. We reviewed compliance with CBP’s Transport, Escort, Detention and Search (TEDS) standards, which govern CBP’s interaction with detained individuals, and observed dangerous holding conditions at the El Paso Del Norte Processing Center (PDT) Border Patrol processing facility, located at the Paso Del Norte Bridge, that require immediate attention. Specifically, PDT does not have the capacity to hold the …
Filling The Ninth Circuit Vacancies,
2019
William & Mary Law School
Filling The Ninth Circuit Vacancies, Carl Tobias
William & Mary Bill of Rights Journal
Upon Republican President Donald Trump’s inauguration, the United States Court of Appeals for the Ninth Circuit experienced some pressing appellate vacancies, which the Administrative Office of the United States Courts (AO) carefully identified as “judicial emergencies” because the tribunal resolves a massive docket. Last year’s death of the iconic liberal champion Stephen Reinhardt and the late 2017 departure of libertarian former Chief Judge Alex Kozinski—who both assumed pivotal circuit leadership roles over numerous years—and a few of their colleagues’ decision to leave active court service thereafter, mean the tribunal presently confronts four judicial emergencies and resolves most slowly the largest …
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 …
The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives,
2019
Pepperdine University
The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk
Pepperdine Dispute Resolution Law Journal
This article will survey: (1) the intended role of the media in a democracy; (2) the current polarized political climate in the United States; (3) the challenges facing the twenty-first century with the growth of technology, cable news, and online platforms; (4) the media's role in perpetuating conflict; and (5) propose that media professionals use Alternative Dispute Resolution (ADR) tools and processes to increase the public’s understanding of differing perspectives in our conflict-laden political discourse.
To Bail Or Not To Bail: Protecting The Presumption Of Innocence In Nevada,
2019
Nevada Law Journal
To Bail Or Not To Bail: Protecting The Presumption Of Innocence In Nevada, Ebeth Palafox, Brendan Mcleod
Nevada Law Journal Forum
This white paper aims to discuss the issues associated with bail reform in Nevada, provide an analysis of bail reform efforts across the country, and purpose possible solutions for obstacles to bail reform in Nevada. The white paper’s proposed recommendations for practical bail reform is a three-phase plan to eliminate the injustices that arise from Nevada’s current cash bail model.
Law And Economic Development In The United States: Toward A New Paradigm,
2019
The Catholic University of America, Columbus School of Law
Law And Economic Development In The United States: Toward A New Paradigm, Yong-Shik Lee
Catholic University Law Review
Economic development is the term that has been associated with less developed countries in the Third World (“developing countries”), not the economically advanced countries (“developed countries”), such as the Untied States. However, the changing economic conditions in recent decades, such as the widening income gaps among individual citizens and regions within developed countries, stagnant economic growth deepening economic polarization, and an institutional incapacity to deal with these issues, render the concept of economic development relevant to the assessment of the economic problems in developed countries. In the United States, these economic problems caused a significant political consequence such as the …
The Equal Rights Amendment: Why All U.S. States Have Not Ratified,
2019
University at Albany, State University of New York
The Equal Rights Amendment: Why All U.S. States Have Not Ratified, Gina Tan, Mirren Galway
CURCE Annual Undergraduate Conference
Currently, enacted legislation for the equality of men and women in the United States does not exist. Despite many advancements, as of 2018, the equality of men and women is not explicitly stated in the U.S. constitution. There is a long history of discrimination against women in the U.S., and for some time now, there have been pushes toward constitutionalizing equality based on Sex. One such push came in 1923, shortly after women were granted the right to vote and The Equal Rights Amendment (ERA) was introduced. This amendment mandates that the “Equality of rights under the law shall not …
Crafting A Corporate Analogue To Criminal Disenfranchisement,
2019
University of Michigan Law School
Crafting A Corporate Analogue To Criminal Disenfranchisement, B. Graves Lee Jr.
Michigan Business & Entrepreneurial Law Review
The Supreme Court’s 2010 decision in Citizens United v. FEC represented a sea change in the world of corporate citizenship. Although the decision dealt with campaign finance law, it has sparked significant discussion of the concept of corporate personhood more broadly. Corporations have increasingly taken advantage of legal rights previously reserved for individuals. This Note argues that where corporations reap the benefits of constitutional entitlements intended for individuals, they should suffer consequences for malfeasance similar to those imposed on individuals who engage in criminal conduct. Specifically, this Note advocates for limitations on corporate electioneering as a collateral consequence of a …
Immigration Politics: Shifting Norms, Policies And Practices,
2019
The Beacon Fund
Immigration Politics: Shifting Norms, Policies And Practices, Felicia Escobar, Annie Lai, Hiroshi Motomura, Karen Tumlin, Kathleen Kim
Loyola of Los Angeles Law Review
No abstract provided.
What Good Is Abstraction? From Liberal Legitimacy To Social Justice,
2019
School of Oriental and African Studies, University of London
What Good Is Abstraction? From Liberal Legitimacy To Social Justice, Nimer Sultany
Buffalo Law Review
No abstract provided.
The Shallow State: The Federal Communications Commission And The New Deal,
2019
Georgetown University Law Center
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, …
The Locked Gates To Tension City: The Commission On Presidential Debates, The Fec, And The Two-Party System,
2019
University of Michigan Law School
The Locked Gates To Tension City: The Commission On Presidential Debates, The Fec, And The Two-Party System, Tommy La Voy
Michigan Journal of Environmental & Administrative Law
Since John F. Kennedy and Richard Nixon walked into a Chicago television studio for the first general election presidential debate in 1960, candidate debates have been a fundamental aspect of presidential campaigns and have had broader effects on society at large. The Commission on Presidential Debates (“CPD”) has been in charge of organizing the general election debates since it was created in 1987 by the Democratic and Republican parties. In its tenure, the CPD has restricted its massive platform almost every election to the Republican and Democratic candidates through the use of criteria that seemingly follow the law’s requirement of …
Silence Of The Liberals: When Supreme Court Justices Fail To Speak Up For Lgbt Rights,
2019
Drexel University Thomas R. Kline School of Law
Silence Of The Liberals: When Supreme Court Justices Fail To Speak Up For Lgbt Rights, David S. Cohen
University of Richmond Law Review
In 1985, Justice Brennan did something that had never been done before and has, surprisingly, never been done again—penned a separate opinion from the Court’s left vigorously arguing for the protection of gay rights under the Constitution. Since then, even though the Court has repeatedly protected gay rights, none of the Court’s liberal Justices have said a word on the topic. Rather, the liberal Justices have ceded the territory on the issue of the Constitution and gay rights almost entirely to Justice Kennedy’s notoriously flowery but somewhat vacuous statements about the issue, as well as the pointed and often homophobic …
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 …
