Baby & Bathwater: Standing In Election Cases After 2020,
2021
Univ. of Memphis Law School
Baby & Bathwater: Standing In Election Cases After 2020, Steven J. Mulroy
Dickinson Law Review (2017-Present)
The current consensus among commentators is that the flood of cases challenging the 2020 presidential election results was almost completely meritless. This consensus is correct as to the ultimate result, but not as to the courts’ treatment of standing. In their (understandable) zeal to reject sometimes frivolous attempts to overturn a legitimate election and undermine public confidence in our electoral system, many courts were too quick to rule that plaintiffs lacked standing. These rulings resulted in unjustified sweeping rulings that voters were not injured even if their legal votes were diluted by states accepting illegal votes; that campaigns did not …
Pushing The First Domino: Freeing The Whales In Canada,
2021
Dalhousie University Schulich School of Law
Pushing The First Domino: Freeing The Whales In Canada, Luc Paul Bourgeois
LLM Theses
In 2019, the Canadian Parliament adopted Bill S-203, titled the Ending the Captivity of Whales and Dolphins Act [Whales Act], to phase-out the captivity of cetaceans – that is, whales, dolphins, and porpoises – mainly for entertainment purposes. This new law reflected scientific knowledge and signaled a shift in public attitudes relating to cetacean captivity. Undeniably, this piece of legislation raises many legal and normative questions. Drawing on the capabilities approach, espoused by Martha C. Nussbaum, this paper will explore the nature and impact of the Whales Act in the Canadian political and legal landscape, as well as the newly …
The Federal Option: Delaware As A De Facto Agency,
2021
University of Washington School of Law
The Federal Option: Delaware As A De Facto Agency, Omari Scott Simmons
Washington Law Review
Despite over 200 years of deliberation and debate, the United States has not adopted a federal corporate chartering law. Instead, Delaware is the “Federal Option” for corporate law and adjudication. The contemporary federal corporate chartering debate is, in part, a referendum on its role. Although the federal government has regulated other aspects of interstate commerce and has the power to charter corporations and preempt Delaware pursuant to its Commerce Clause power, it has not done so. Despite the rich and robust scholarly discussion of Delaware’s jurisdictional dominance, its role as a de facto national regulator remains underdeveloped. This Article addresses …
Against Court Packing, Or A Plea To Formally Amend The Constitution,
2021
Washington and Lee University School of Law
Against Court Packing, Or A Plea To Formally Amend The Constitution, Jill M. Fraley
Cardozo Law Review
No abstract provided.
Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times,
2021
New York Law School
Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri Krishna, Kelly Pfeifer, Dana Thompson
Articles & Chapters
Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians focused not only on how to begin to address these issues in their clinics, but on how to discuss these issues more deeply and effectively with their students. This essay highlights the ways in which the pandemic school year influenced significant rethinking of one CED clinic’s operations: first, the pandemic sharpened the clinic’s mission to …
Populism And Constitutionalism: An Essay On Definitions And Their Implications,
2021
Harvard Law School
Populism And Constitutionalism: An Essay On Definitions And Their Implications, Mark Tushnet, Bojan Bugarič
Cardozo Law Review
No abstract provided.
Retiring Life Tenure: On Term Limits And Regular Appointments At The Supreme Court,
2021
Fix the Court
Retiring Life Tenure: On Term Limits And Regular Appointments At The Supreme Court, Tyler Cooper, Amanda Dworkin, Dylan Hosmer-Quint, Amanda Pescovitz
Cardozo Law Review
No abstract provided.
“An Outrage Upon Our Feelings”: The Role Of Local Governments In Resistance Movements,
2021
Boston College Law School
“An Outrage Upon Our Feelings”: The Role Of Local Governments In Resistance Movements, Daniel Farbman
Cardozo Law Review
After the election of 2016, many who opposed President Trump and his policies argued that local governments and local power would be the best tools to resist those policies and strengthen democracy. Among the most prominent acts of local resistance in the last decade have been resolutions that declare a town or a city a “Sanctuary” and refuse to cooperate with federal authorities in the deportation of undocumented immigrants. This Article situates these resolutions in a long tradition of local opposition to state and federal laws that towns and cities deem unjust by examining local opposition to the Fugitive Slave …
A Bolt Of Lightning: Measuring The Impact Of Modern Transitions On The Supreme Court,
2021
The University of Memphis Cecil C. Humphreys School of Law
A Bolt Of Lightning: Measuring The Impact Of Modern Transitions On The Supreme Court, Daniel Kiel
Cardozo Law Review
Lightning struck on September 18, 2020. In a year in which so many unimaginable events had unfolded and were unfolding, the death of Justice Ruth Bader Ginsburg sent shock waves not only through the nation’s legal community, but throughout the country. Ginsburg, a champion of women’s rights as both lawyer and Justice, the multi-time survivor of cancer, the Court’s tiny, surprising, and notorious rock star, passed away at a precarious moment. Aside from the existential challenge presented by the COVID-19 pandemic, the nation was 46 days from a presidential election. Given that the responsibility of nominating Supreme Court Justices fell …
I Choose, You Decide: Checking The Judiciary From Within,
2021
St. John’s University
I Choose, You Decide: Checking The Judiciary From Within, Jeremy N. Sheff
Cardozo Law Review
Efforts to rein in partisanship (or the perception thereof) on the Supreme Court tend to focus either on what Ryan Doerfler and Samuel Moyn call “personnel reforms”—changes to the selection, appointment, or tenure of Justices—or on what they call “disempowering reforms”—changes that divert some of the judiciary’s authority to the political branches, for example via jurisdiction stripping. I propose a different—and perhaps complementary—reform, which would achieve some of the goals of both types of reform without requiring a constitutional amendment. I propose that the selection of a case for the Supreme Court’s discretionary appellate docket should be performed by a …
Supreme Court Appointments In Presidential Election Years: The Case Of John Hessin Clark,
2021
Case Western Reserve University
Supreme Court Appointments In Presidential Election Years: The Case Of John Hessin Clark, Jonathan L. Entin
Cardozo Law Review
No abstract provided.
The New Law On Foreign Interference: What's Next For Businesses?,
2021
Singapore Management University
The New Law On Foreign Interference: What's Next For Businesses?, Tan K. B. Eugene, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The Foreign Interference (Countermeasures) Bill (Fica) was passed in Parliament on Monday after about 10 hours of impassioned debate. Despite the government agreeing to several amendments proposed by the Workers' Party, the substance was not changed in any significant way. Although the government provided more details on how Fica is to operate, more details will be unveiled when it comes into operation. What does all this mean for businesses?
The New Law On Foreign Interference – What’S Next For Businesses,
2021
Singapore Management University
The New Law On Foreign Interference – What’S Next For Businesses, Tan K. B. Eugene, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In a joint commentary, SMU Associate Professor of Law Eugene Tan and SMU Assistant Professor of Law Benjamin Joshua Ong discussed what the Foreign Interference (Countermeasures) Bill (Fica) means for businesses. They opined that businesses could have disclosure policies for themselves and their stakeholders, akin to conflict of interest disclosures. They also noted that more can be done to clarify the limits to government powers under Fica, and pointed out that conversations about foreign interference must go beyond Fica.
Palestinian Nationality And “Jewish” Nationality: From The Lausanne Treaty To Today,
2021
Boston University School of Law
Palestinian Nationality And “Jewish” Nationality: From The Lausanne Treaty To Today, Susan M. Akram
Faculty Scholarship
This chapter assesses the legal foundations of Zionist and Palestinian national claims over the land of Palestine since the British Mandate. It explores the legal basis and implications of the claim of Jewish nationality in Palestine and compares it with the claim of Palestinian nationality. The question of national rights, and who can claim them, is central to rethinking the statehood and residency rights of those living today in the area of historic Palestine. The law of nationality is at the core of the protections of peoples’ right to self-determination, and understanding the principles underlying nationality law is essential to …
The Place Of The Presidency In Historical Time,
2021
Boston University School of Law
The Place Of The Presidency In Historical Time, Robert L. Tsai
Faculty Scholarship
This Essay arises from a symposium based on Jack Balkin’s book, The Cycles of Constitutional Time, which argues that America’s constitutional development is marked by patterns of decline and renewal. I contend that the presidency today has become endowed with outsized expectations borne of popular frustrations with a centuries-old document that is desperately in need of updating. As a result, Presidents enjoy imbalanced and dangerous power to initiate legal reform or stymie it. Going forward, three dynamics are worth watching. First, noisy signals coming from performative transformation can obscure the true source and scope of legal changes initiated by a …
The 2021 Race For Pa. Supreme Court: The Questions The Candidates Have To Answer,
2021
Duquesne University
The 2021 Race For Pa. Supreme Court: The Questions The Candidates Have To Answer, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Biden Administration U.S. Space Force Policy Literature,
2021
Purdue University
Biden Administration U.S. Space Force Policy Literature, Bert Chapman
Libraries Faculty and Staff Presentations
Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities such as …
The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”,
2021
Brooklyn Law School
The Fight Over Frankenmeat: The Fda As The Proper Agency To Regulate Cell-Based “Clean Meat”, Zoe A. Bernstein
Brooklyn Law Review
In recent years, concern over the environmental, animal welfare, and human costs of animal agriculture has spurred an increased demand for nonanimal sourced protein. This has led to significant innovation in food technology. As part of this trend, food scientists have developed a process for in-vitro cultivation of meat cells to produce protein that is biologically and nutritionally identical to meat from traditionally raised and slaughtered animal sources, but that involves neither animal agriculture nor animal slaughter. This lab-grown “clean meat” represents a new era in food technology and is already having an effect on the existing meat industry. In …
Did Pa. Supreme Court Justice David Wecht Herald The Death Of God?,
2021
Duquesne University
Did Pa. Supreme Court Justice David Wecht Herald The Death Of God?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Comparing Capital Income And Wealth Taxes,
2021
Pepperdine University
Comparing Capital Income And Wealth Taxes, Ari Glogower
Pepperdine Law Review
As part of the Pepperdine Law Review Symposium The Impact of the 2017 Tax Act on Income and Wealth Inequality: Lessons for 2020 and Beyond, this Essay compares two reform directions to rebuild the progressive tax system: an improved capital income tax—which would eliminate the benefit from deferring gains until a sale—or a wealth tax. The Essay first introduces the concept of a “rate-equivalent” wealth or capital income tax as a way to assess reform alternatives consistently and to identify the assumptions as to how the reforms would be structured. For any chosen capital income tax (or wealth tax) reform, …
