Destructive Federal Decentralization,
2021
William & Mary Law School
Destructive Federal Decentralization, David Fontana
William & Mary Bill of Rights Journal
This Article—written for a symposium hosted by the William & Mary Bill of Rights Journal—focuses on the efforts by the Trump administration to relocate federal officials outside of Washington to reduce the capacity of the federal government. Federalism and the separation of powers are usually the twin pillars of structural constitutional law. Locating federal officials outside of Washington— federal decentralization—has been an additional tool of diffusing power that has started to gain some scholarly attention. These debates largely focus on structural constitutional law as constructive—as improving the capacity and operation of the federal and state governments. The power …
Christian Accounts Of Religious Liberty: Two Views Of Conscience,
2021
Brigham Young University Law School
Christian Accounts Of Religious Liberty: Two Views Of Conscience, Joel Harrison
BYU Law Review
No abstract provided.
Catholicism, Liberalism, And Populism,
2021
Brigham Young University Law School
Catholicism, Liberalism, And Populism, Andrea Pin, Luca P. Vanoni
BYU Law Review
No abstract provided.
Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan,
2021
The American University in Cairo AUC
Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam
Theses and Dissertations
Nationalism is an ideology that is not unique to one nation or one area, but it is a concept unique in the way it is defined. How it is defined and what it really is depends on where the definition is coming from. It is most important to post-colonial nations that relied and still rely on the creation of national identity and construction of an imagined community, in order to reach their liberation. Nations are imagined communities constructed through shared history, beliefs, traditions, and experiences that happen over different periods in time, between individuals that do not necessarily know each …
One Vote, Two Winners: Team-Ticket Gubernatorial Elections And The Need For Further Reform,
2021
Yale Center for Environmental Law and Policy
One Vote, Two Winners: Team-Ticket Gubernatorial Elections And The Need For Further Reform, T. Quinn Yeargain
University of Miami Law Review
Historically, governors and lieutenant governors were elected in separate elections. This frequently meant that governors and lieutenant governors of different parties were elected, undermining the democratic legitimacy of gubernatorial succession. But when New York adopted team tickets in 1953, it ignited a flurry of similar changes nationwide. Today, most states with lieutenant governors elect them on a team ticket with governors. And, since the initial adoption of team tickets, several other trends—specifically, trends away from separate primaries and toward post-primary selection—have emerged in how lieutenant governors are elected. Despite the significance of these changes, however, they remain largely unexplored by …
The Dawn Of A Judicial Takings Doctrine: Stop The Beach Renourishment, Inc. V. Florida Department Of Environmental Protection,
2021
Pinellas County Attorney’s Office
The Dawn Of A Judicial Takings Doctrine: Stop The Beach Renourishment, Inc. V. Florida Department Of Environmental Protection, Brendan Mackesey
University of Miami Law Review
In Stop the Beach Renourishment v. Florida Department of Environmental Protection, 130 S. Ct. 2592 (2010), the U.S. Supreme Court granted certiorari to determine whether the Florida Supreme Court had violated a group of littoral property owners’ Fifth Amendment rights—or committed a “judicial taking”—by upholding the state of Florida’s Beach and Shore Preservation Act. Under the Act, the State is entitled to ownership of previously submerged land it restores as beach; this is true even though the normal private/state property line, the mean-high water line, is moved seaward, and the affected littoral owner(s) lose their right to have their property …
One Step Forward, Two Steps Backward: An Elastic Products Liability Framework For E-Cigarette Regulation,
2021
University of Miami School of Law
One Step Forward, Two Steps Backward: An Elastic Products Liability Framework For E-Cigarette Regulation, Evan Robinson
University of Miami Law Review
Societal innovation is frequently triggered by need. Year after year, novel technologies are created by entrepreneurs who seek to find a more effective, efficient, or less dangerous way of accomplishing a specific goal. Oftentimes, these new technologies enter the marketplace bringing with them a host of uncertainties concerning both their performance and effect on consumer activity. Despite these inevitable uncertainties, new technologies play a vital role in advancing society when appropriately controlled. Indeed, while the appropriate levels of control may vary across industries and technologies, one principal remains constant amongst the mall: the obligation to balance risk with reward. The …
Therapeutic Jurisprudence: Foundations, Expansion, And Assessment,
2021
Suffolk University Law School
Therapeutic Jurisprudence: Foundations, Expansion, And Assessment, David C. Yamada
University of Miami Law Review
Therapeutic Jurisprudence: Foundations, Expansion, and Assessment Founded in 1987 by law professors David Wexler and the late Bruce Winick, therapeutic jurisprudence (“TJ”) is a multidisciplinary school of legal theory and practice that examines the therapeutic and anti-therapeutic properties of law, policy, and legal institutions. In legal events and transactions, TJ inherently favors outcomes that advance human dignity and psychological well-being. Starting with original groundings in mental health and mental disability law, criminal law, and problem-solving courts, and with a geographic focus on the United States, TJ now embraces many aspects of law and policy and presents a strong international orientation. …
The Promotion Of The General Welfare: Using The Spending Clause To End The Criminalization Of Homelessness In America,
2021
University of Miami School of Law
The Promotion Of The General Welfare: Using The Spending Clause To End The Criminalization Of Homelessness In America, David Stuzin
University of Miami Law Review
The U.S. is experiencing a homelessness crisis. While the government claims that there are half a million people experiencing homelessness in this country, the actual number is likely much larger than that estimate. Rather than investing in long-term solutions to homelessness, most states and municipalities have responded to this crisis by criminalizing conduct related to homelessness—an expensive approach hat perpetuates the cycle of homelessness and causes many people experiencing homelessness to needlessly suffer as a result. While advocates have fought criminalization in the courts, a problem of this size and scale cannot be solved through litigation alone. This Note advocates …
The Statutory Death Of The Gig Economy: How California Policy Incentivizes The Automation Of Five Million Jobs,
2021
University of Miami School of Law
The Statutory Death Of The Gig Economy: How California Policy Incentivizes The Automation Of Five Million Jobs, Henry Moreno
University of Miami Law Review
With the advent of the gig economy, many have benefited from the availability of flexible work, particularly in the service industry. Since then, whether these workers are independent contractors or employees—entitled to certain rights and benefits—has been intensely debated. This Note examines the different legal approaches used in worker classification and the ramifications an employee designation could have on the estimated five million jobs the gig economy currently supports. Accordingly, this Note advocates the current state of the law is inept as applied to the gig economy and examines a potential framework to align the benefits of the gig economy …
Restorative Retributivism,
2021
Seton Hall University School of Law
Restorative Retributivism, Brian M. Murray
University of Miami Law Review
The current criminal justice moment is ripe for discussion of first principles. What the criminal law is, what it should do, and why society punishes is as relevant as ever as communities reconsider the reach of the criminal law and forms of punishment like incarceration. One theory recently put forth—reconstructivism—purports to offer a descriptive and normative theory of the criminal law and punishment while critiquing the ills of the American system. It comprehends the criminal law and punishment as functional endeavors, with the particular goal of restitching or “reconstructing” the social fabric that crime disrupts. In particular, reconstructivism is a …
We Never Needed A Jan. 6 Commission. We Need A Nov. 3 Commission. This Is Why,
2021
Duquesne University
We Never Needed A Jan. 6 Commission. We Need A Nov. 3 Commission. This Is Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The United Nations And Human Rights Non-Governmental Organizations (Ngos) - Seventy-Five Years Of Consultations, Collaboration, And Contributions (1945-2000),
2021
UI McKinney School of Law, Indiana University
The United Nations And Human Rights Non-Governmental Organizations (Ngos) - Seventy-Five Years Of Consultations, Collaboration, And Contributions (1945-2000), George E. Edwards
Pace International Law Review
At the San Francisco Conference where the United Nations Charter was negotiated, participants and observers included representatives of “societies and organizations”—non-governmental organizations (NGOs). The precise number and identities of those NGOs is unclear, but 42 of the participants were consultants to the U.S. delegation that successfully lobbied for the Charter to include an official relationship between the U.N. and NGOs, and the promotion and protection of human rights. NGOs thus had a profoundly positive impact on the creation of the United Nations. For the first 75 years of the U.N.’s existence, NGOs have played an invaluable role in supporting the …
Mandatory Sars-Cov-2 Vaccinations In K-12 Schools, Colleges/Universities, And Businesses,
2021
Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
Mandatory Sars-Cov-2 Vaccinations In K-12 Schools, Colleges/Universities, And Businesses, Lawrence O. Gostin, Jana Shaw, Daniel A. Salmon
Georgetown Law Faculty Publications and Other Works
The Centers for Disease Control and Prevention (CDC) recently issued guidance that fully vaccinated individuals can safely remove masks and end social distancing in most indoor settings. Educational facilities and businesses are faced with whether and how to differentiate between vaccinated and unvaccinated individuals, including requiring proof of vaccination. Mandatory vaccination has historically served as a tool to reach and sustain high immunization coverage and to prevent transmission in K-12 schools, colleges/universities, and health care facilities. Vaccine mandates could extend to workers and customers in businesses to ensure safer environments. This Viewpoint examines the epidemiologic, public health, and legal considerations …
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick,
2021
Brooklyn Law School
“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart
Journal of Law and Policy
How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have proliferated. Millions of voters …
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy,
2021
University of Washington School of Law
How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero
Washington Law Review
The Foreign Agents Registration Act (FARA) was enacted and enforced during World War II to protect the American public from foreign propaganda, especially from the Nazi party. Following the war, FARA was scarcely used for over half a century. But in the past five years, there has been a significant uptick in FARA enforcement, particularly against major political personalities. The revival of FARA has led many legislators and scholars to advocate for expansions of FARA’s scope and enforcement mechanisms in the name of national security. But most have failed to acknowledge the risk and likelihood of politicized enforcement. The United …
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens,
2021
St. Mary's University School of Law
Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford,
2021
St. Mary's University School of Law
House Bill 3: An Iou Texas Public Schools And Communities Of Color Cannot Afford, Candace L. Castillo
The Scholar: St. Mary's Law Review on Race and Social Justice
A history of school finance litigation and legislation shows there are inherent and structural problems in Texas’s education finance system. Like many government and social structures, the Texas school finance system is built to benefit school districts that have greater access to wealth to begin with and creates inequalities between rich and poor populations as well as between people of color and Caucasians. House Bill 3 went into effect in 2019 and promises improvements to “recapture” calculations, increases in certain allotments, as well as salary increases for some Texas teachers. Some changes to education finance were sorely needed such as …
Undocumented Domestic Workers: A Penumbra In The Workforce,
2021
St. Mary's University School of Law
Undocumented Domestic Workers: A Penumbra In The Workforce, Abigail A. Roman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer,
2021
Vanguard University of Southern California
Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
