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Brief Of Law Professors As Amici Curiae In Support Of Respondent, Betsy Ginsberg 2025 Benjamin N. Cardozo School of Law

Brief Of Law Professors As Amici Curiae In Support Of Respondent, Betsy Ginsberg

Amicus Briefs

Amici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation.


Law Enforcement In Kentucky Schools - Student Interactions And Current Practices, Lee Ann Morrison 2025 Eastern Kentucky University

Law Enforcement In Kentucky Schools - Student Interactions And Current Practices, Lee Ann Morrison

Online Theses and Dissertations

This mixed-methods study investigates the role of school resource officers (SROs) in Kentucky and describes their interactions with students. This study aimed to provide a comprehensive understanding of how SROs interact with students and the implications of those interactions. The quantitative phase of the research involved a secondary analysis of student behavior violation data and the reported outcomes for students. Data indicated that student interaction with SROs did not lead to a significant student arrest rate. In the qualitative phase of the study, a focus group was conducted with school resource officers to explore their daily interactions with students. Qualitative …


Policymaking And Pretrial Fairness: Evaluating Illinois' Ban On Cash Bail Beyond Chicago, Kaitlyn M. Sims 2025 University of Denver

Policymaking And Pretrial Fairness: Evaluating Illinois' Ban On Cash Bail Beyond Chicago, Kaitlyn M. Sims

Global and Public Affairs: Faculty Scholarship

Over 400,000 people are incarcerated awaiting trial each day in the United States. Many of these individuals are held because they are unable to post cash bail, generating substantial economic inequality between those who are able to be released and those who must wait. Illinois's Pretrial Fairness Act (PFA) banned cash bail in 2023 to reduce economic inequity and remove judicial discretion in pretrial decisions. I use daily roster data from multiple suburban and rural Illinois jails and a regression-discontinuity-in-time (RDiT) approach to test for changes to jail composition after the law went into effect. Jail population sizes decreased, though …


Police Don't Need A Warrant To Search The Exploding Tesla Cybertruck's Computer - Can They Search Your Data, Too?, Adam M. Gershowitz 2025 William & Mary Law School

Police Don't Need A Warrant To Search The Exploding Tesla Cybertruck's Computer - Can They Search Your Data, Too?, Adam M. Gershowitz

Popular Media

No abstract provided.


The Eighth Amendment’S Paper Tiger: Pain, Executions, And The Cruel And Unusual Punishment Clause, Alexandra L. Klein 2025 Washington and Lee University School of Law

The Eighth Amendment’S Paper Tiger: Pain, Executions, And The Cruel And Unusual Punishment Clause, Alexandra L. Klein

Scholarly Articles

The Eighth Amendment prohibits “cruel and unusual punishments.” This prohibition applies to the way states carry out executions: states may impose capital punishment but may not do so in a way that is unconstitutionally cruel. Over a trilogy of cases that began with Baze v. Rees in 2008, the Court developed a test for analyzing whether a state’s proposed method of execution violated the Eighth Amendment. Under Baze/Glossip/Bucklew, a person challenging a state’s method of execution must show that the method of execution poses a severe risk of “superadded” pain and suffering that can be alleviated by a readily …


Policing As General Warrants, Warren Buff, Brandon Hasbrouck 2025 Community Legal Services, Inc.

Policing As General Warrants, Warren Buff, Brandon Hasbrouck

Scholarly Articles

The drafters of the Bill of Rights and its proponents envisioned a document constitutionalizing protections against some of the worst abuses they had experienced under English rule. Prominent businessmen—many of them engaged in smuggling— found their homes ransacked in search of contraband on flimsy evidence and without any reason given for the disruption of their business and consequent enrichment of government agents. The Fourth Amendment addressed the use of general warrants and writs of assistance to allow government agents to conduct broad searches with limited scrutiny. In the early years of the Constitution, this had little practical effect, because public …


Identifying The Guilty, Protecting The Innocent: Amending The Federal Rules Of Evidence To Address Admissibility Of Eyewitness Identification, Louisa M. A. Heiny 2025 University of Utah S.J. Quinney College of Law

Identifying The Guilty, Protecting The Innocent: Amending The Federal Rules Of Evidence To Address Admissibility Of Eyewitness Identification, Louisa M. A. Heiny

University of Michigan Journal of Law Reform

Mistaken eyewitness identification is among the most common factors in wrongful conviction cases. Indeed, hundreds of innocent defendants have been convicted for a crime they did not commit, their fate sealed by an eyewitness who convincingly, but mistakenly, testified, “That’s the one!”

Scientific researchers have documented the fallibility of eyewitness identification for decades. Their collective work has produced recommendations for eyewitness identification reform, focusing on procedural problems most likely to result in mistaken identification. The law in this area, however, has not kept pace with the science. Rather than representing a cohesive series of safeguards against inaccurate eyewitness identifications, federal …


Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis 2025 Seattle University School of Law

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …


Annual Report, Fiscal Year 2025, Tennessee. Department of Correction 2025 Tennessee State Library and Archives

Annual Report, Fiscal Year 2025, Tennessee. Department Of Correction

Annual Reports

This document is the annual report for the Tennessee Department of Correction during the fiscal year.


Table Of Contents, Seattle University Law Review 2025 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Corporate Scenarios: Drawing Lessons From History, Madison Condon 2025 Seattle University School of Law

Corporate Scenarios: Drawing Lessons From History, Madison Condon

Seattle University Law Review

As corporations are increasingly pressed to reveal information about their exposure to climate-related risks, they are often asked to undertake and disclose the outcome of “scenario analysis.” In this exercise, corporations, including financial institutions, examine how their business would fare under different pathways the future may take. One oft-used scenario, for example, is the International Energy Agency’s “Net-Zero by 2050: A Roadmap for the Energy Sector.” This Essay presents a history of the use of scenarios as a corporate planning tool, particularly in the oil industry, arguing that it is key for understanding our present moment and the role of …


Shareholder Expression In A Time Of Heightened Political Tension, Aaron A. Dhir 2025 Seattle University School of Law

Shareholder Expression In A Time Of Heightened Political Tension, Aaron A. Dhir

Seattle University Law Review

In this article, I provide context for my forthcoming research project on shareholder proposals and racial equity audits. Since the murder of George Floyd in May of 2020, progressive shareholder actors have increasingly used the proposal mechanism to advance diversity, equity, inclusion, and justice-related goals. These proposals have frequently gone beyond requesting the usual corporate fare of diversity trainings, intersectionality workshops, affinity groups, etc. Instead, a more ambitious type of proposal asks corporate America to conduct racial equity audits, defined as “an independent, objective and holistic analysis of a company’s policies, practices, products, services and efforts to combat systemic racism …


Corporate Governance Speech, Sarah C. Haan 2025 Seattle University School of Law

Corporate Governance Speech, Sarah C. Haan

Seattle University Law Review

The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including informationforcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance is …


Dark Accounting Matter, Colleen Honigsberg 2025 Seattle University School of Law

Dark Accounting Matter, Colleen Honigsberg

Seattle University Law Review

Physicists calculate that approximately 85% of the matter in the universe is composed of “dark matter” that “does not absorb, reflect, or emit electromagnetic radiation and is therefore difficult to detect.” The S&P 500 currently trades at a price-to-book value of 4.2, suggesting that book value accounts for less than 20% of the S&P 500’s market value. The remaining 80% appears nowhere in these firms’ balance sheets—it is invisible to contemporary accounting techniques and constitutes “dark accounting matter.”

Some “dark accounting matter” is composed of factors commonly described as components of “ESG.” Human capital, for example, is an intangible asset …


The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min 2025 Seattle University School of Law

The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min

Seattle University Law Review

The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.

Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …


How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton 2025 Seattle University School of Law

How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton

Seattle University Law Review

A variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.

Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s …


Looking Beyond The Blue: Exploring The Experiences Of Black Female Police Officers During Training, Stephanie M. Almodovar 2025 West Chester University of Pennsylvania

Looking Beyond The Blue: Exploring The Experiences Of Black Female Police Officers During Training, Stephanie M. Almodovar

West Chester University Doctoral Projects

This study employed a basic qualitative approach to explore the experiences of Black cisgender female police officers during the field-training segment of their police academy experience. Individual interviews were conducted using semi-structured questions to gain insight into how these officers interpreted and made sense of their experiences. The sample consisted of five Black female officers employed at accredited law enforcement agencies in the United States who had completed field training within the past decade. Data was collected through interviews and a demographic questionnaire. The interviews were transcribed and analyzed using both inductive and deductive coding. Four key themes emerged from …


Volume 48 Masthead, Seattle University Law Review 2025 Seattle University School of Law

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead


Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones 2025 Seattle University School of Law

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …


Volume 48 Masthead, Seattle University Law Review 2025 Seattle University School of Law

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead


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