Seattle University School of Law
University of British Columbia and Canadian Institute for Advanced Research
University of Nevada, Las Vegas -- William S. Boyd School of Law
San Jose State University
Illinois Wesleyan University
CUNY John Jay College
Professor of History and Director of the Tanner Humanities Center at the University of Utah
Notre Dame Law School
University of Pennsylvania Carey Law School
Elitism In The Legal World: A Comparison Between The U.K. And U.S.A,
2023
Arcadia University
Elitism In The Legal World: A Comparison Between The U.K. And U.S.A, Michael Johnson Jr
Faculty Curated Undergraduate Works
In this paper I will be discussing the various ways that the United Kingdom has played an integral part in creating the way the world looks at and practices common law, while also addressing the systemic racism and elitism entrenched in the U.K. legal system. I will also be comparing the U.K. to the United States as American law was built on the influence of British law and share deep similarities to how minorities are treated due to constant and ongoing systemic disadvantages and legal elitism. I will be discussing how the U.K. and U.S. are trying to address the …
Applying Bentham's Theory Of Fallacies To Chief Justice Roberts' Reasoning In West Virginia V. Epa,
2023
Duquesne University
Applying Bentham's Theory Of Fallacies To Chief Justice Roberts' Reasoning In West Virginia V. Epa, Dana Neacsu
Law Faculty Publications
This essay summarizes the Court’s decision in West Virginia v. EPA. It also analyzes Chief Justice Robert’s reasoning and addresses the case’s flaws from two perspectives. It references the Court’s decision connecting it to the so-called New Deal Cases, because in both Panama Refining Co. v. Ryan, and West Virginia v. EPA, the Court accepted to review a lower court’s decision about a non-existent regulation. In 1935, the governmental kerfuffle was due to a lack of regulatory transparency; the Federal Register had yet to be established. This essay’s analysis incorporates Jeremy Bentham’s 1809 work on two classes of fallacies, authority …
What The Heller Is Going On With The Second Amendment: Are Licensing Requirements Living Up To The Heller Standard?,
2023
Texas A&M University School of Law
What The Heller Is Going On With The Second Amendment: Are Licensing Requirements Living Up To The Heller Standard?, Josue Barron
Texas A&M Journal of Property Law
The full extent and guarantees of the Second Amendment have yet to be understood in light of modern advances in weaponry. Further, there is little Supreme Court precedent to aid in defining the scope of the Second Amendment. With challenges to restrictions on concealed carrying of firearms in public, the Second Amendment requires much clarification. Federal circuit courts are divided on how to apply the Second Amendment to firearm licensing schemes and differ on the interpretation of the Heller decision. This Note provides guidance on understanding the core protection of the Second Amendment and the presumptions left by the Supreme …
Keep Austin…White? How Equitable Development Can Save Austin, Texas From Its Racist Past And Homogenized Future,
2023
Texas A&M University School of Law (Student)
Keep Austin…White? How Equitable Development Can Save Austin, Texas From Its Racist Past And Homogenized Future, Kaylie Hidalgo
Texas A&M Journal of Property Law
More than a century of racist federal, state, and local government policies created inequitable and racially segregated neighborhoods through a practice known as redlining. I-35 in Austin, Texas, represents one of the most iconic and stark segregationist splits in the country, with the Eastside being impoverished and mostly Black while the Westside’s mostly White population thrives. As a result, Austin is the only fastest-growing city in the nation losing people of color. While there have been some private and local efforts in Austin and across the country to increase investment in marginalized and divested communities, most of these approaches are …
Hacking Or Hatching The Skinny Label: How The Federal Circuit’S Decision In Gsk V. Teva Threatens Generics And Induced Infringement,
2023
Texas A&M University School of Law (Student)
Hacking Or Hatching The Skinny Label: How The Federal Circuit’S Decision In Gsk V. Teva Threatens Generics And Induced Infringement, Kayla Mccallum
Texas A&M Journal of Property Law
This Note focuses on the recent precedential decision handed down by the Federal Circuit in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., which impacts “one of the greatest public health inventions of the 21st century”: generic drugs. An invention that rose to prominence when former President Ronald Reagan signed into law the Hatch-Waxman Act (“the Act”), formally known as the Drug Price Competition and Patent Term Restoration Act of 1984. The Act aimed to increase competition between brand-name and generic manufacturers while balancing two seemingly opposing interests: (1) encourage and reward innovation by pioneer drug companies and (2) increase access …
Policy’S Place In Pedestrian Infrastructure,
2023
Penn State Dickinson Law
Policy’S Place In Pedestrian Infrastructure, Michael L. Smith
Dickinson Law Review (2017-Present)
Angie Schmitt’s Right of Way: Race, Class, and the Silent Epidemic of Pedestrian Deaths in America delves into the complex, multi-layered phenomenon of how traffic infrastructure and policies systematically disadvantage pedestrians and contribute to thousands of deaths and injuries each year. Despite the breadth of the problem and its often-technical aspects, Schmitt presents the problem in an engaging and approachable manner through a step-by-step analysis combining background, statistics, and anecdotes. While Right of Way tends to focus on infrastructure design, it offers much for legal scholars, lawyers, and policymakers. Schmitt addresses several policy issues at length in the book. But …
De Jure Separate And Unequal Treatment Of The People Of Puerto Rico And The U.S. Territories,
2023
CUNY School of Law
De Jure Separate And Unequal Treatment Of The People Of Puerto Rico And The U.S. Territories, Natalie Gomez-Velez
Fordham Law Review
Current efforts to dismantle systemic racism in the United States are often met with the argument that legally sanctioned inequality is a thing of the past. Yet despite progress toward formal legal equality, racism and discrimination in the United States exist not only as the effects of past laws and systems—they exist presently in current laws and systems as well. Current U.S. law discriminates against U.S. territories and their residents with respect to citizenship status, voting rights and representation, and equal access to benefits, among other things.
This Essay examines such separate and unequal treatment using the recent case, United …
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship,
2023
University of California - Los Angeles
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Indiana Law Journal
Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …
Put Your Money Where Their Mouths Are: A Case For State-Based Investment In Anti-Shaming Policies For School Lunch Programs,
2023
Northwestern Pritzker School of Law
Put Your Money Where Their Mouths Are: A Case For State-Based Investment In Anti-Shaming Policies For School Lunch Programs, Shayna Roth
Northwestern Journal of Law & Social Policy
Despite its goals for feeding hungry students, the federal government’s National School Lunch Program falls short due to a lack of guidance and resources. One consequence of these circumstances is shaming practices where schools use fear, punishment, and socioeconomic segregation tactics to mitigate meal price deficits. The federal government and several state governments attempt, and sometimes succeed, to enact legislation to improve school lunch programs, but efforts are few and far between. This Note draws on effective state laws to advocate for increased legislative action on school meals across all states, specifically addressing and prohibiting shaming practices. Eliminating this barrier …
The Quest To End Human Trafficking: An Educational And Practical Guide For Everyone Who Wants To Help Break The Bonds And Assist Survivors,
2023
University at Albany, State University of New York
The Quest To End Human Trafficking: An Educational And Practical Guide For Everyone Who Wants To Help Break The Bonds And Assist Survivors, Dennis W. Mccarty
Emergency Preparedness, Homeland Security, and Cybersecurity Faculty Scholarship
People often assume that only legislators and law enforcement personnel can take meaningful steps to fight human trafficking, one of the most lucrative transnational crimes in the world. This inquiry sought to assess the validity of that belief. The study was informed by the author’s experience as a college instructor of human trafficking and the inspiration he drew from the range and quality of his students’ projects.
The methodology included examining the strategies that governmental and non-governmental organizations are using to fight trafficking and assist survivors. It also considered the work of individual activists and service providers such as social …
Adat Sebagai Strategi Perjuangan Dan Mobilisasi Hukum,
2023
Universitas Gadjah Mada, Indonesia
Adat Sebagai Strategi Perjuangan Dan Mobilisasi Hukum, Yance Arizona
The Indonesian Journal of Socio-Legal Studies
The word "adat" has several different meanings in Indonesia. Adat can be used to describe informal dispute settlement procedures, a habit that keeps repeating itself, or a norm that develops into a code of behavior. Adat is perceived in this article as a narrative and a strategy employed by oppressed groups to fight against various forms of exclusion, particularly in relation to land grabbing for resource extraction and conservation carried out by the state and private sectors. This article will analyze the evolution and distinctions of Adat-based studies and movements in Indonesia during the colonial and national periods. Using existing …
19th Annual Diversity Symposium Dinner 2023,
2023
Roger Williams University
19th Annual Diversity Symposium Dinner 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
4th Annual Women In Law Leadership Lecture,
2023
Roger Williams University
4th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
A Tribute To Gerald S. "Geary" Reamey,
2023
St. Mary's University
A Tribute To Gerald S. "Geary" Reamey, Michael Ariens
St. Mary's Law Journal
No abstract provided.
Texas Disaster Act And The Covid-19 Pandemic: The Validity Of School Mask Mandates And How The Texas Supreme Court Engaged In A Legal And Ethical Disaster,
2023
Baylor University School of Law
Texas Disaster Act And The Covid-19 Pandemic: The Validity Of School Mask Mandates And How The Texas Supreme Court Engaged In A Legal And Ethical Disaster, Ron Beal
St. Mary's Law Journal
No abstract provided.
Gadamerian Hermeneutics In Practice As A Paradigm For Legal Interpretation And Analysis,
2023
Nanjing University, China
Gadamerian Hermeneutics In Practice As A Paradigm For Legal Interpretation And Analysis, Konstantin G. Vertsman
St. Mary's Law Journal
Both law-making and legal interpretation involve a hermeneutic process of negotiating prejudices. Through confronting a text and engaging in the process of question and answer, an interpretation is obtained, representing a mixture of the legal horizon set by the law and the negotiated prejudices of the interpreter. A just application of legal texts only occurs due to the prejudices formed through an individual and a social consciousness. This Article focuses on the hermeneutic process in judicial decisions as exposed by differing judicial approaches based on the degree of law-making authority undertaken by the judiciary. Then, this Article demonstrates the explicit …
Discovering The Governing Forces Of Esports, An Intellectual Property Gold Mine,
2023
St. Mary's University
Discovering The Governing Forces Of Esports, An Intellectual Property Gold Mine, Dave Gravely
St. Mary's Law Journal
No abstract provided.
Professor Reamey: A Mentor And A Friend,
2023
Saint Mary's University of San Antonio
Professor Reamey: A Mentor And A Friend, Victoria Mather
St. Mary's Law Journal
No abstract provided.
Concerning United States Constitutional War Powers,
2023
St. Mary's University
Concerning United States Constitutional War Powers, Marcus Armstrong
St. Mary's Law Journal
The United States faces a future in which the possibility of a conventional, great-power conflict is elevated. This is because of a constitutional interpretation that has altered United States constitutional war powers significantly. Specifically, the interpretation gives the president the authority to initiate and escalate war or hostilities unilaterally. In this Article, I reexamine that specific historical interpretation and find it wanting. I then offer a different historical interpretation, drawing upon other contemporary writers as well as upon historical events in order to give a more complete and nuanced understanding of the context in which the early American leaders developed …
Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks,
2023
St. Mary's University School of Law
Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu
St. Mary's Law Journal
This present global community is complicated because of anxiety and uncertainty. It is thoroughly interconnected yet intricately partitioned. Pivotally, one could argue that the centrality to this global anxiety is identity and belonging. People want to identify with and belong to a political system, territory, and culture. It seems that there is a present world that mirrors the political emergence of the interwar period that had nationalism on the rise. There is hostility to non-citizens globally, whether as refugees, internally displaced peoples (IDPs), or immigrants seeking to join new political communities. This Article explains the difficulties that ensue from being …
