Race And Reasonableness In Police Killings,
2020
Columbia Law School
Race And Reasonableness In Police Killings, Jeffrey A. Fagan, Alexis D. Campbell
Faculty Scholarship
Police officers in the United States have killed over 1000 civilians each year since 2013. The constitutional landscape that regulates these encounters defaults to the judgments of the reasonable police officer at the time of a civilian encounter based on the officer’s assessment of whether threats to their safety or the safety of others requires deadly force. As many of these killings have begun to occur under similar circumstances, scholars have renewed a contentious debate on whether police disproportionately use deadly force against African Americans and other nonwhite civilians and whether such killings reflect racial bias. We analyze data on …
Destigmatizing Disability In The Law Of Immigration Admissions,
2020
Penn State Dickinson Law
Destigmatizing Disability In The Law Of Immigration Admissions, Medha D. Makhlouf
Faculty Contributions to Books
In U.S. immigration law, disability has historically been associated with deviance, and has served as the basis for legal barriers to entry and eventual citizenship. For example, immigrants with actual and perceived physical and intellectual disabilities, mental illness, and other health conditions have been deemed “inadmissible” to the United States based on the belief that they are likely to become dependent on the government for support. Although the law has evolved to accommodate immigrants with disabilities in some ways, significant legal barriers still exist on account of the widespread, persistent characterization of disability as a “bad difference” from the norm. …
The Politics Of Lawyer Regulation: The Case Of Malpractice Insurance,
2020
University of Connecticut School of Law
The Politics Of Lawyer Regulation: The Case Of Malpractice Insurance, Leslie C. Levin
Faculty Articles and Papers
This Article examines the politics of lawyer regulation and considers why some states will adopt lawyer regulation that protects the public, when others will not. It uses the debates over how to regulate uninsured lawyers as a lens through which to examine the question. Clients often cannot recover damages from uninsured lawyers who commit malpractice, even when those lawyers cause serious harm. Yet only two states require that lawyers carry malpractice insurance. This Article uses case studies to examine the ways in which six states recently have addressed the issue of uninsured lawyers to understand this regulatory failure. It uses …
Monumental Questions And How We Honor Them,
2020
University of Kentucky
Monumental Questions And How We Honor Them, Melynda J. Price J.D., Ph.D.
Law Faculty Scholarly Articles
We are in another moment where who and how we memorialize is being reconsidered in communities small and large. My colleague, Zachary Bray, and I proposed this symposium to the Kentucky Law Journal because the topic reflected our shared interests in the debate over memorials and which historical narrative should triumph in the public square. We arrive at the question from different intellectual paths, but the common concern is over when and how stakeholders can and will revise that narrative through the regulation of monuments. These revisions often come in the form of calls for, it not outright, removal outhouse …
From 'Wonderful Grandeur' To 'Awful Things': What The Antiquitiesact And National Monuments Reveal About The Statue Statutes And Confederate Monuments,
2020
University of Kentucky
From 'Wonderful Grandeur' To 'Awful Things': What The Antiquitiesact And National Monuments Reveal About The Statue Statutes And Confederate Monuments, Zachary A. Bray
Law Faculty Scholarly Articles
It may be easy, at least for some people who do not live near Confederate monuments in public spaces, to assume that these monuments represent little more than links to a shameful and long-ago past. From this assumption one might then view these monuments as a sort of last stand; the atavistic echo of a country that was, but is no longer, cemented into the present by their monumental form though ultimately doomed to erode in the undefined future. But, unpleasant though it may be to consider or admit, the truth is that many remaining Confederate monuments embody aspects of …
Distributive Justice And Rural America,
2020
University of South Carolina - Columbia
Distributive Justice And Rural America, Ann M. Eisenberg
Faculty Publications
Today’s discourse on struggling rural communities insists they are “dying” or “forgotten.” Many point to globalization and automation as the culprits that made livelihoods in agriculture, natural resource extraction, and manufacturing obsolete, fueling social problems such as the opioid crisis. This narrative fails to offer a path forward; the status quo is no one’s fault, and this “natural” rural death inspires mourning rather than resuscitation. This Article offers a more illuminating account of the rural story, told through the lens of distributive justice principles. The Article argues that rural communities have not just “died.” They were sacrificed. Specifically, distributive justice …
Intervenors At The Supreme Court Of Canada,
2020
Laurier University, Law and Society Program
Intervenors At The Supreme Court Of Canada, Geoffrey D. Callaghan
Dalhousie Law Journal
My aim in this paper is to offer a normatively attractive and explanatorily sound interpretation of the Supreme Court of Canada’s approach to third party intervention. The crux of my interpretation is that the policy the Court has developed on intervenors allows it to strike a reasonable balance among a number of competing democratic considerations, all of which have value in the context of judicial decision making. In this respect, the Court should be commended for identifying a way to liberalize a practice that possesses many democratically-attractive features, but also the inherent capacity to undermine the democratic standing of the …
The Opioid Crisis As Health Crisis, Not Criminal Crisis: Implications For The Criminal Justice System,
2020
Peter A. Allard School of Law, University of British Columbia
The Opioid Crisis As Health Crisis, Not Criminal Crisis: Implications For The Criminal Justice System, Haley Hrymak
Dalhousie Law Journal
The criminal justice system’s response to the opioid crisis exacerbates risks faced by people using drugs and is harmful to public health. Interviews with 11 interviewees including defence counsel, probation officers, and public interest lawyers and advocates revealed three key challenges of working in the criminal justice system during the opioid crisis. First, there is a lack of understanding of addiction within the criminal justice system. Second, as a result of the opioid crisis, fentanyl trafficking sentencing decisions in British Columbia emphasize the need for lengthier prison sentences, which disproportionately affects people who use substances. Third, the conditions on bail …
A Leap Of Faith: Twail Meets Caribbean Queer Rights Jurisprudence—Intersections With International Human Rights Law,
2020
Schulich School of Law, Dalhousie University
A Leap Of Faith: Twail Meets Caribbean Queer Rights Jurisprudence—Intersections With International Human Rights Law, H. Patrick Wells
Dalhousie Law Journal
This article examines the legal status of queer rights in Caribbean jurisprudence. It conducts an analysis of Caribbean queer rights case law, in order to arrive at an understanding of the extent and dynamics of constitutional protection for these rights. It then uses the revelations from this analysis to determine how Caribbean queer rights jurisprudence has intersected with international human rights norms, values and rules. Finally, the article applies the TWAIL methodological approach to international law to argue that the Caribbean queer rights jurisprudence has not so far reflected the counter-hegemonic, resistance, anti-imperialist discourse that TWAIL champions, in spite of …
The Costs And Benefits Of Affordable Housing: A Partial Solution To The Conflict Of Competing Goods,
2020
Georgetown University Law Center
The Costs And Benefits Of Affordable Housing: A Partial Solution To The Conflict Of Competing Goods, Michael R. Diamond
Georgetown Law Faculty Publications and Other Works
In this Article, I extend a prior inquiry into the costs borne by society due to the lack of enough decent, affordable housing units. I previously outlined those costs and suggested a combination of public cost savings and public and private benefits that would accrue by providing that housing. I posited that the savings and benefits, in the aggregate, could at least substantially offset the costs and might even exceed them. If that is so, I queried, why has society not produced the needed units? In answering that question, I offered several possible responses: inadequate resources, racism, and public choice …
Fetal Equality,
2020
University of Idaho College of Law
Fetal Equality, Shaakirrah R. Sanders
Washington and Lee Law Review Online
I join Carliss Chatman’s call to fully consider the equal protection implications of the conception theory and raise an additional right to which a fetus may be entitled as a matter of equal protection: health care, which implicates state laws that provide civil and criminal exemptions to parents who choose religious healing instead of medical care for their children and minor dependents. The evidence of harm to children from religious healing is well documented. Yet, currently, approximately forty-three U.S. states and the District of Columbia have some type of exemption to protect religious healing parents in civil and criminal cases. …
The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors,
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney Cross
Scholarly Works
People living with HIV or AIDS must decide whether, how, and when to disclose their positive status. State laws play an outsized role in this highly personal calculus. Partner notification laws require that current and former sexual partners of individuals newly diagnosed with HIV be informed of their potential exposure to the disease. Meanwhile, people who fail to disclose their positive status prior to engaging in sexual acts-even acts that carry low to no risk of infection-can be prosecuted and incarcerated for exposing their partners to HIV. Although both partner notification laws and criminal HIV exposure laws were ostensibly created …
Consent, Legitimation, And Dysphoria,
2020
Georgetown University Law Center
Consent, Legitimation, And Dysphoria, Robin West
Georgetown Law Faculty Publications and Other Works
Ideals of consent and consensuality are rapidly displacing ideals of legality as the demarcation of lawful from unlawful, legitimate from illegitimate, and good from bad. This is a particularly pronounced trend in the areas of sexual and reproductive rights and ethics. Consensual sex has almost completely displaced marital sex as the demarcation of not only criminal from laudatory sex but also good from bad sex. Likewise, the consensuality of a pregnancy is increasingly the demarcation of a celebrated rather than mourned pregnancy, rather than its marital province. This development is justly celebrated as a breakthrough in women's rights and equality, …
Back To The Future: Marriage And Divorce Under The 2017 Tax Act,
2020
St. Mary's University School of Law
Back To The Future: Marriage And Divorce Under The 2017 Tax Act, Mark Cochran
St. Mary's Law Journal
Abstract forthcoming
Book Review,
2020
St. Mary's University School of Law
Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence,
2020
St. Mary's University School of Law
Saving America’S Privacy Rights: Why Carpenter V. United States Was Wrongly Decided And Why Courts Should Be Promoting Legislative Reform Rather Than Extending Existing Privacy Jurisprudence, David Stone
St. Mary's Law Journal
Privacy rights are under assault, but the Supreme Court’s judicial intervention into the issue, starting with Katz v. United States and leading to the Carpenter v. United States decision has created an inconsistent, piecemeal common law of privacy that forestalls a systematic public policy resolution by Congress and the states. In order to reach a satisfactory and longlasting resolution of the problem consistent with separation of powers principles, the states should consider a constitutional amendment that reduces the danger of pervasive technologyaided surveillance and monitoring, together with a series of statutes addressing each new issue posed by technological change as …
Employing Smith To Prevent A Constitutional Right To Discriminate Based On Faith: Why The Supreme Court Should Affirm The Third Circuit In Fulton V. City Of Philadelphia,
2020
American University Washington College of Law
Employing Smith To Prevent A Constitutional Right To Discriminate Based On Faith: Why The Supreme Court Should Affirm The Third Circuit In Fulton V. City Of Philadelphia, Margaret Smiley Chavez
American University Law Review
In the interest of the children in the Philadelphia foster care system, the City of Philadelphia prohibits its contracting foster care agencies from discriminating against prospective foster care parents on account of race, religion, and sexual orientation, among other things. Despite this requirement, in 2018, two foster care agencies—Catholic Social Services (CSS) and Bethany Christian Services— that have annual contracts with Philadelphia refused to certify same-sex couples as foster parents for religious reasons. While Bethany Christian Services reached an agreement with the city, CSS did not. As a result, the city froze foster care placement referrals to CSS and did …
The Lgbtq Equality Gap And Federalism,
2020
American University Washington College of Law
The Lgbtq Equality Gap And Federalism, Nancy J. Knauer
American University Law Review
LGBTQ people in the United States live with an Equality Gap that seems to grow wider with each legislative session. The majority of states do not have nondiscrimination protections in place for LGBTQ people. In the absence of blanket federal non-discrimination protections, a same-sex couple can be denied service by bakers, catering halls, and photographers while trying to exercise their constitutionally protected right to marry. A transgender person can be denied access to a public bathroom that matches their gender identity. A federally funded adoption agency can refuse to work with LGBTQ persons who wish to adopt. In addition, many …
Are Opinions On Abortion Based On Racial Attitudes?,
2020
The University of Akron
Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller
Williams Honors College, Honors Research Projects
My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.
Join With Me, Won't You? Civic Engagement, Covid-19, And The Millennial Generation Of Law Professors,
2020
University of Oklahoma College of Law
Join With Me, Won't You? Civic Engagement, Covid-19, And The Millennial Generation Of Law Professors, Joseph Schremmer
Faculty Articles
My goals in this essay are to place legal education’s COVID-19 crisis into this broader context and illuminate the unique opportunity that millennial law professors have to create the conditions for more robust community participation within and outside of our law schools. Part I summarizes the decline of civic engagement and social capital in preceding decades and its consequences for law, public discourse, and quality of life. Part II outlines how this deficit of social capital exacerbates the challenges facing law schools and professors in delivering legal education and constructing community during the coronavirus pandemic. Part III explores the unique …
