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A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc 2023 Brigham Young University Law School

A Juror’S Religious Freedom Bill Of Rights, Antony Barone Kolenc

BYU Law Review

The prosecution of Democrat Congresswoman Corrine Brown for campaign corruption was perhaps the most significant and dramatic political trial ever to hit Northeast Florida—and that was before the Holy Spirit showed up and spoke to Juror 13 during deliberations. The Brown case is the springboard for the article’s focus on a juror’s right to religious liberty, one of the nation’s most precious constitutional rights. The Article addresses first principles behind the process of jury selection in the United States, as well as the importance and safeguarding of religious liberty in the U.S. Constitution. It then proposes six tenets to be …


Proportionality V. Categorization: The Issue Of Judicial Balancing Of Rights, Akram Mohamed 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 …


Acting Cabinet Secretaries And The Twenty-Fifth Amendment, James A. Heilpern 2023 Brigham Young University, J. Reuben Clark School of Law

Acting Cabinet Secretaries And The Twenty-Fifth Amendment, James A. Heilpern

University of Richmond Law Review

The Twenty-Fifth Amendment of the United States Constitution contains a mechanism that enables the Vice President, with the support of a majority of the Cabinet, to temporarily relieve the President of the powers and duties of the Presidency. The provision has never been invoked, but was actively discussed by multiple Cabinet Secretaries in response to President Trump’s actions on January 6, 2021. News reports indicate that at least two Cabinet Secretaries—Secretary of State Mike Pompeo and Treasury Secretary Steve Mnuchin—tabled these discussions in part due to uncertainties about how to operationalize the Amendment. Specifically, the Secretaries were concerned that the …


Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily R. Casey 2023 University of Richmond School of Law

Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily R. Casey

University of Richmond Law Review

The Promoting Affordable Housing Near Transit Act (“Act”), introduced in Congress in June 2021 and signed into law six months later, proposes a goal of balancing the disproportionately-high costs of housing and transportation felt by lower-income families by combining these resources in one project: transit-oriented housing developments. Middle-income and wealthy suburbanites have ready access to cities by car, but lower-income urbanites lack access to the suburbs without a private vehicle. While the goal of the Act recognizes this disparate outcome, the Act’s failure to include expansion of mass transit into the suburbs will continue to restrict low-income minorities to urban …


Beneath The Property Taxes Financing Education, Timothy M. Mulvaney 2023 Texas A&M University School of Law

Beneath The Property Taxes Financing Education, Timothy M. Mulvaney

Faculty Scholarship

Many states turn in sizable part to local property taxes to finance public education. Political and academic discourse on the extent to which these taxes should serve in this role largely centers on second-order issues, such as the vices and virtues of local control, the availability of mechanisms to redistribute property tax revenues across school districts, and the overall stability of those revenues. This Essay contends that such discourse would benefit from directing greater attention to the justice of the government’s threshold choices about property law and policy that impact the property values against which property taxes are levied.

The …


Personhood, Property, And Public Education: The Case Of Plyler V. Doe, Rachel F. Moran 2023 Texas A&M University School of Law

Personhood, Property, And Public Education: The Case Of Plyler V. Doe, Rachel F. Moran

Faculty Scholarship

Property law is having a moment, one that is getting education scholars’ attention. Progressive scholars are retooling the concepts of ownership and entitlement to incorporate norms of equality and inclusion. Some argue that property law can even secure access to public education despite the U.S. Supreme Court’s longstanding refusal to recog- nize a right to basic schooling. Others worry that property doctrine is inherently exclusionary. In their view, property-based concepts like resi- dency have produced opportunity hoarding in schools that serve affluent, predominantly white neighborhoods. Many advocates therefore believe that equity will be achieved only by moving beyond property-based claims, …


Moral Panics And Politicians Who Create Them: A Comparative Historical Analysis Of The Crack-Cocaine And Methamphetamine Epidemics In The United States, Sasha Nicole Burdsal 2023 Arkansas State University

Moral Panics And Politicians Who Create Them: A Comparative Historical Analysis Of The Crack-Cocaine And Methamphetamine Epidemics In The United States, Sasha Nicole Burdsal

Student Theses and Dissertations

This study compares two widely known drug epidemics: the crack-cocaine epidemic and the methamphetamine epidemic that has shifted our criminal justice system and societies within the last 40 years. The research is conducted utilizing a qualitative content analysis, with a concentration on the rhetoric of politicians who create a moral panic around any specific drug when beneficial to them. Racial disparity demonstrated through inconsistent sentencing and mistreatment of individuals is investigated, along with the militarization of police as ordered by government officials. The War on Drugs – a war that can never be won – is thoroughly reviewed to elucidate …


If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz 2023 Duquesne University

If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar 2023 University of San Francisco

The Central American Minors Program: Advocating For Private Sponsorship, Magaly Velasco-Escobar

Master's Theses

Under this recommendation, minors would be interviewed by qualified officers at resettlement agencies in their home countries to assess credible fear, those deemed eligible but lacking an eligible relative would be referred for a private sponsorship pathway. Sponsors would be vetted and qualified using protocols currently in place by the Welcome Corps and Refugee Foster Care. Ideally, the Office of Refugee Resettlement (ORR) would coordinate between the private sponsors and overseas resettlement agencies, given they already do the work of vetting eligible sponsors for minors. ORR could create a program staffed with qualified individuals to coordinate this program or provide …


The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk 2023 Penn State Dickinson Law

The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie 2023 Penn State Dickinson Law

Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Semi-Presidentialism: A Pathway To Democratic Backslide, Connor McAfee 2023 Penn State Dickinson Law

Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero 2023 Penn State Dickinson Law

A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj 2023 Penn State Dickinson Law

Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner 2023 Penn State Dickinson Law

The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell 2023 Penn State Dickinson Law

Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Foreword, 2023 Penn State Dickinson Law

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Table Of Contents, 2023 Penn State Dickinson Law

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Dedication, 2023 Penn State Dickinson Law

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan 2023 Connecticut College

Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan

CISLA Senior Integrative Projects

No abstract provided.


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