Family Law In The Republic Of Ireland,
2015
University of Georgia School of Law
Family Law In The Republic Of Ireland, William Binchy
Georgia Journal of International & Comparative Law
No abstract provided.
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries,
2015
University of Georgia School of Law
Constitutional Law-Aliens-Equal Protection Clause Does Not Require Extension Of Special Immigrant Status To Aliens From Non-Contiguous Countries, Laurie C. Gregory
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of The South African Criminal Code In Implementing Apartheid,
2015
University of Georgia School of Law
The Role Of The South African Criminal Code In Implementing Apartheid, Garry Seltzer
Georgia Journal of International & Comparative Law
No abstract provided.
John A Sibley Lecture, The Shaping Of International Law,
2015
University of Georgia School of Law
John A Sibley Lecture, The Shaping Of International Law, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State,
2015
University of Maryland Francis King Carey School of Law
Can, Do, And Should Legal Entities Have Dignity?: The Case Of The State, Maxwell O. Chibundu
Maryland Law Review
No abstract provided.
Universal Arguments And Particular Arguments On Abortion Rights,
2015
University of Maryland Francis King Carey School of Law
Universal Arguments And Particular Arguments On Abortion Rights, Stuart Chinn
Maryland Law Review
No abstract provided.
Taking Inference Seriously,
2015
Benjamin N. Cardozo School of Law
Threshold Liberty,
2015
University of New Mexico School of Law
Threshold Liberty, Dawinder S. Sidhu
Cardozo Law Review
The Supreme Court's Thirteenth Amendment precedent is no longer sustainable. For starters, that precedent - which holds that the Amendment prohibits the "badges and incidents" of slavery, and that Congress has the power to "rationally" determine what constitutes a "badge or incident" of slavery - raises serious federalism and separation of powers concerns. To make matters worse, the Court itself has recently restricted the enforcement provisions of the Fourteenth Amendment (in City of Boerne v. Flores) and Fifteenth Amendment (in Shelby County v. Holder), rendering the generous bounds of the Thirteenth Amendment enforcement power an outlier among the …
Praise Defenders, Not Just Prosecutors,
2015
University of Oklahoma College of Law
Praise Defenders, Not Just Prosecutors, Stephen Henderson
Other Faculty Publications
In this letter to the editor, I discuss the problems when a district court judge becomes a graduate and class spokesperson for a Citizens' Police Academy.See article here.See letter here.
Reputation And Defamatory Meaning On The Internet: Communications, Contexts And Communities,
2015
Singapore Management University
Reputation And Defamatory Meaning On The Internet: Communications, Contexts And Communities, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The determination of the appropriate scope of protection of reputation in the tort of defamation is crucially dependent on the construction of defamatory meaning. With the continuing rise of Internet publications, it is important to assess the impact of the various modes of Internet communications such as Internet websites, hyperlinking, blogs, emails, Twitter, Facebook and other forms of social media on defamatory meaning. Such defamatory meaning is being constructed based on the unique contexts and social expectations that have been generated by the various modes of Internet communications. The potential impact on defamatory meaning can also be assessed from the …
Legal Epistemologies,
2015
University of Maryland Francis King Carey School of Law
Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between,
2015
University of Maryland Francis King Carey School of Law
Privacy At 50: The Bedroom, The Courtroom, And The Spaces In Between, Judith A. Baer
Maryland Law Review
No abstract provided.
Evangelical Reform And The Paradoxical Origins Of The Right To Privacy,
2015
University of Maryland Francis King Carey School of Law
Evangelical Reform And The Paradoxical Origins Of The Right To Privacy, John W. Compton
Maryland Law Review
No abstract provided.
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja,
2015
Housing Works, Inc.
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian
Pace Law Review
Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …
The Five Days In June When Values Died In American Law,
2015
Duquesne University School of Law
The Five Days In June When Values Died In American Law, Bruce Ledewitz
Akron Law Review
During a five day period in June, 1992, every Justice on the United States Supreme Court joined one or the other of two opinions that denied the objectivity of values—either Justice Kennedy’s majority opinion in Lee v. Weisman or Justice Scalia’s dissent in Planned Parenthood v. Casey. Both of these opinions expressed the view that normative judgments are merely human constructions. This moment represents symbolically the death of values in American law. The arrival of nihilism at the heart of American law is a world-changing event for law that must be acknowledged.
The death of values was announced by …
Forced Migration, The Human Face Of A Health Crisis,
2015
Georgetown University Law Center
Forced Migration, The Human Face Of A Health Crisis, Lawrence O. Gostin, Anna E. Roberts
Georgetown Law Faculty Publications and Other Works
Nearly 60 million refugees, asylum-seekers and internally displaced persons (IDPs) fled their homes in 2014, predominately from war-torn Syria, Afghanistan and Somalia. The global response to assisting this vulnerable group has been wholly incommensurate with the need given the profound health hazards faced by forced migrants at each stage of their journey. The majority of forced migrants are housed in lower-income countries that do not have the infrastructure to assist the significant numbers of individuals who are crossing their borders and the humanitarian organizations who seek to assist in the response are grossly underfunded and under-resourced.
Countries have varying responsibilities …
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators,
2015
Barry University School of Law
Recidivism Recourse: Cracking Down On Florida's Sexually Violent Predators, Nicole Canha
Barry Law Review
No abstract provided.
Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts,
2015
Pepperdine University
Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts, Ashley Carroll
Journal of the National Association of Administrative Law Judiciary
This comment will explain the evolution of welfare reform, present some proposals that others have suggested in order to remedy the problems the current system has, and suggest a way to best serve those of a lower socio-economic status. Part II explains the background on welfare reform and why the reform that occurred during the Clinton administration was so revolutionary. It will explain how the progress in the Clinton administration impacted the effectiveness of welfare reform. Part III details how the current welfare programs in place impact the United States, and how the changes by the Obama administration contrast with …
How The Right To Speedy Trial Can Reduce Mass Pretrial Incarceration,
2015
University of Baltimore School of Law
How The Right To Speedy Trial Can Reduce Mass Pretrial Incarceration, Zina Makar
All Faculty Scholarship
Kenny Johnson1 was thirty-two years old when he was released from a Baltimore City jail— almost three years after his arrest in October 2012. Johnson was not serving a sentence, but these three years were spent under pretrial detention. He had been denied bail. Johnson’s case was a rollercoaster of delays and uncertainty, particularly towards the end of his pretrial incarceration. The need for certainty convinced Johnson to plead guilty—he could not stand knowing that his pretrial incarceration could be indefinite and he wanted to be sure he was going home, guilty or not guilty.
Between the time he was …
Reflections On Current Attempts To Revise International Legal Structures: The North-South Dialogue-Clash Of Values And Concepts, Contradictions And Compromises,
2015
University of Georgia School of Law
Reflections On Current Attempts To Revise International Legal Structures: The North-South Dialogue-Clash Of Values And Concepts, Contradictions And Compromises, Pedro Roffe
Georgia Journal of International & Comparative Law
No abstract provided.
