Rethinking Courtroom Presence In The Virtual Era,
2025
Southern Methodist University Dedman School of Law
Rethinking Courtroom Presence In The Virtual Era, Jenia Iontcheva Turner
Indiana Law Journal
Technological innovation has made virtual appearances by criminal defendants increasingly common. These appearances have advanced efficiency but also raised questions about the scope of both the right and the duty of defendants to be physically present in court. Should judges, for example, be allowed to hold virtual arraignments, even if a defendant wishes to appear in person? Can defendants opt for virtual appearances at will? While courts are beginning to address these questions, they have yet to develop a coherent framework to evaluate when virtual appearances are constitutional and appropriate. This Article seeks to contribute to this project by examining …
The Roberts Court Paradox,
2025
Harvard Law School
The Roberts Court Paradox, John C. P. Goldberg, Benjamin C. Zipursky
Fordham Law Review
As perhaps the most conservative Supreme Court of the past century, the Roberts Court regularly touts its commitment to traditional ideals, including the rule of law. Yet Trump v. United States seems ready to place presidents entirely or largely above the law by granting them absolute or near absolute immunity from criminal prosecutions for official conduct. And Trump is not a one-off: from judicial recusal to qualified immunity to due process decisions, the Court frequently seems to display indifference to values of accountability and impartiality that have long been thought integral to the rule of law. What is going on? …
The Evolution Of The Second Amendment And The American Gun Violence Epidemic: A Historical Analysis Of Political Self-Sabotage,
2025
University of South Carolina - Columbia
The Evolution Of The Second Amendment And The American Gun Violence Epidemic: A Historical Analysis Of Political Self-Sabotage, Amanda Tureaud
Senior Theses
From the conception of the Bill of Rights until the 21st century, the Second Amendment was read and understood by the American population, both ordinary citizens and government officials, branches, and agencies inclusively, to allow the nation to have an armed military but not for private citizens to own and/or carry firearms. Since 2008, however, the Second Amendment has been interpreted as an absolute freedom for private citizens to own and carry semiautomatic assault weapons in the name of personal protection. This thesis holds that the evolution of society’s attitude on guns and gun control is specifically denoted by the …
Reclaiming Sound: Copyright Restoration As Cultural And Economic Justice For Black Musicians,
2025
University of South Carolina - Columbia
Reclaiming Sound: Copyright Restoration As Cultural And Economic Justice For Black Musicians, James Roberts Jr.
Senior Theses
This paper examines copyright restoration as both a legal mechanism and a form of cultural reparations for Black musicians historically excluded from ownership and profit in the American music industry. It traces the evolution of U.S. copyright law from its earliest forms to the Music Modernization Act of 2018, highlighting how shifting statutory frameworks have gradually extended protection and restoration rights to artists who were once denied them. The analysis situates this legal trajectory within a broader history of racialized exploitation in the recording industry, where inequitable contracts and systemic power imbalances functioned as modern forms of artistic sharecropping. Through …
Law As A Tool Of Empire: A Transhistorical Comparison Of Mandate Palestine And Ancient Rome,
2025
University of Richmond
Law As A Tool Of Empire: A Transhistorical Comparison Of Mandate Palestine And Ancient Rome, Will L. Hisle
Armstrong Undergraduate Journal of History
Through a comparative analysis of Law and Identity in Mandate Palestine by Assaf Likhovski, and A Legal History of Rome by George Mousourakis, this essay demonstrates that law was crucial to the expansion of empire. When read in tandem, these monographs provide a transhistorical framework for viewing law outside of itself, as a mechanism of colonial and imperial domination.
Precipitated By The Pandemic: From Remote Witnessing To Electronic Wills,
2025
Singapore Management University
Precipitated By The Pandemic: From Remote Witnessing To Electronic Wills, Edward Ti, Hang Wu Tang
Research Collection Yong Pung How School Of Law
The COVID-19 pandemic exposed the rigidity of will-making laws requiring in-person witnessing. Jurisdictions responded differently: some introduced temporary measures, others implemented permanent reforms allowing remote witnessing. This article compares responses in England and Wales, selected Australian states, Singapore, and Hong Kong SAR, tracing developments toward potential recognition of electronic wills. The central argument is that law reform should balance accessibility with safeguards against fraud and undue influence, avoiding overly burdensome formalities that deter compliance. The article concludes by examining how national digital identity systems could be used for the execution of electronic wills.
Pursuing Restorative Justice For The Legacy Of Federal Indian Boarding Schools,
2025
Benjamin N. Cardozo School of Law
Pursuing Restorative Justice For The Legacy Of Federal Indian Boarding Schools, Jilly Horowitz
Cardozo Journal of Conflict Resolution
This Note examines the United States’ federal boarding school policy, designed to eliminate Native populations, and the federal government’s efforts from June 2021 to December 2024 to acknowledge and address its harms. For 150 years, Native children were subjected to this brutal policy and were removed from their communities and placed in boarding schools. These schools were focused less on providing education and opportunity for Native students, and instead were tools to carry out a concentrated federal policy of cultural assimilation and forcible removal from Native lands. The federal government implemented this policy throughout the country, operating or funding 451 …
Judicial Enforcement Of Evidence Law,
2025
Texas A&M University School of Law
Judicial Enforcement Of Evidence Law, G. Alexander Nunn
Faculty Scholarship
The truth matters. At least it should. In the courtroom, truth can serve as the cornerstone of justice, liberating the innocent, vindicating victims, and holding the guilty to account. Indeed, truth is such a normative imperative that an entire legal discipline now focuses on fostering its discovery at trial—evidence law. By regulating both the reliability of proof and the rationality of cognitive inferences, evidence law seeks to help factfinders discern truth and reach an accurate verdict. And given the importance of that role, one might naturally assume that the strict enforcement of evidence law would be a legal mandate of …
The Uniform Commercial Code Survey: Introduction,
2025
Texas A&M University School of Law
The Uniform Commercial Code Survey: Introduction, Jennifer S. Martin, Colin P. Marks, Wayne Barnes
Faculty Scholarship
The survey that follows highlights the most important developments of 2024 dealing with domestic and international sales of goods, personal property leases, payments, letters of credit, documents of title, investment securities, and secured transactions. Along with the usual descriptions of interesting judicial decisions highlighted in the survey, there has also been legislative progress. The 2022 Amendments to the Uniform Commercial Code ("U.C.C.") (the "2022 Amendments")' have been adopted in thirty-one states plus the District of Colombia and introduced in six states.
Access Denied: The Poor's One-Hundred Year Long Fight For Judicial Equality,
2025
University of Arkansas
Access Denied: The Poor's One-Hundred Year Long Fight For Judicial Equality, Austin Jones
The Ozark Historical Review
This work discusses Reginald Heber Smith's Justice and the Poor and the framework that is described within to provide equal access to the judicial system. The writer posits that this goal has yet to be reached.
Chapter 9 Bankruptcy: The Solution That Causes Problems,
2025
Brooklyn Law School
Chapter 9 Bankruptcy: The Solution That Causes Problems, Peter C. Alexander
Brooklyn Journal of Corporate, Financial & Commercial Law
There is a little-known form of bankruptcy called a “Chapter 9,” reserved for insolvent cities, villages, and other municipalities. Occasionally, one reads about a city or a county that has filed for Chapter 9 relief, like Detroit, Michigan, or Orange County, California; however, it is very hard to file a Chapter 9 case, in part, because existing law requires a municipality to obtain permission from its home state before it can file for relief in the U.S. Bankruptcy Court. An additional constraint is that the only option municipalities have when seeking bankruptcy relief is to file a Chapter 9 because …
Court Appointed Monitorships: Effective Remedy Or Modern Misstep?,
2025
Brooklyn Law School
Court Appointed Monitorships: Effective Remedy Or Modern Misstep?, Jean Joun
Brooklyn Journal of Corporate, Financial & Commercial Law
When a corporate entity or organization violates the law, there are several remedies the courts may enforce against the bad actor. Most common are damages—both compensatory and punitive—and injunctive relief. The class of injunctive relief that most are familiar with is the kind that restrains the bad actor from a conduct or behavior. However, courts in certain instances may decide, either on their own volition or after being asked to consider such a remedy by a prosecuting entity, to appoint a compliance monitor with the function of ensuring that the bad actor continues traversing a legally sound path. Although court-ordered …
(Re)Birth Of A Nation: Reconstruction’S Unfinished Business,
2025
University of Miami School of Law
(Re)Birth Of A Nation: Reconstruction’S Unfinished Business, Zanita E. Fenton
Michigan Journal of Race and Law
The irony, alluding to the title of the 1915 silent movie Birth of a Nation, seeks to make conspicuous the counter-stories that more authentically account for the “birth” and development of American society. Ku Klux Klan-sponsored propaganda designed to evoke hyper-racist fearmongering and perpetuate sexual paternalism over White women, the plot from Birth of a Nation reflects the paradigmatic race-bait: relentless pursuit of a White woman by a Black man. This storyline was fictionalized, culturally unrealistic and deliberately omitted the very real sexual exploitation of Black women and girls. Birth of a Nation parallels Constitutional history that marginalizes supplemental …
An In-Depth Criticism Of Shaw V. Reno,
2025
University of Michigan Law School
An In-Depth Criticism Of Shaw V. Reno, Katherine M. Perez-Oviedo
Michigan Journal of Race and Law
If I have learned one thing from my semester taking Critical Race Theory, it is that the United States Supreme Court has repeatedly issued decisions that directly impede on remedial efforts to address past racial discrimination. When the question of “how can we use the law to instill social change?” is proposed in class discussion, it is difficult to imagine a world in which the Court would support the progressive measures suggested.
Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid,
2025
Northwestern Pritzker School of Law
Existing Together From The Beginning: Freedom To Contract And Black Mutual Aid, Cara Mcclellan
Northwestern University Law Review
In a new wave of litigation, conservative legal organizations are attempting to rely on Reconstruction-era civil rights legislation to prevent nonprofits, charities, foundations, and other privately organized groups from engaging in race-conscious work. Unlike the Supreme Court’s recent rollback of affirmative action, which dealt with universities’ ability to consider race in admissions as state actors and as recipients of federal funding, a series of lawsuits now challenge the ability of private organizations to consider race in how they invest money and resources to create social impact. Adding fuel to the fire, on January 21, 2025, President Trump issued an Executive …
The Problem Of Market Power In Postwar America: Antitrust Law, Regulatory Discourse, And Changing Ideas Of Market Power,
2025
University of Georgia School of Law
The Problem Of Market Power In Postwar America: Antitrust Law, Regulatory Discourse, And Changing Ideas Of Market Power, Laura Phillips-Sawyer
Scholarly Works
US antitrust law prohibits anticompetitive restraints of trade, including collusion among firms and single-firm monopolization. The law serves as a democratic check against concentrations of private economic power. However, in the post-World War II era, the law has changed largely through case law, rather than through statutory interventions. Thus, understanding the role that antitrust law has played in reconciling capitalism and democracy requires us to ask what has influenced changes to antitrust law. This chapter traces antitrust law’s postwar development across three key periods: 1940–1970s, mid-1970s to 2010s, and 2010s to present. It argues that each era’s approach to the …
Reforming The Indian Bar: The Limits Of Technological Solutions,
2025
National Law School of India University, Bengaluru
Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh
Articles
A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …
Statelessness As An Academic Concern: The Indian Supreme Court’S Engagement With Citizenship Policy In In Re: Section 6a Of The Citizenship Act, 1955,
2025
National Law School of India University, Bengaluru
Statelessness As An Academic Concern: The Indian Supreme Court’S Engagement With Citizenship Policy In In Re: Section 6a Of The Citizenship Act, 1955, Aishwarya Birla
Articles
In October 2024, the Supreme Court of India (‘Court’) made a significant ruling regarding citizenship laws in Assam, a state in the north-east of the country. The case In Re: Section 6Aof the Citizenship Act, 1955(‘In Re: s 6A’)centred on s 6A of the Citizenship Act, 1955(‘Citizenship Act’), which pertains to granting citizenship to a specific class of migrants who entered Assam before ‘the 1stday of January, 1966’.The Supreme Court upheld the constitutional validity of s 6A in a 4:1 majority. In doing so, the Court also engaged with a multitude of important issues for constitutional law and citizenship in …
Tradition, Critque, And The Modern Moral Lingua Franca: A Lutheran Articulation Of Human Rights Language,
2025
Concordia Seminary, St. Louis
Tradition, Critque, And The Modern Moral Lingua Franca: A Lutheran Articulation Of Human Rights Language, Christian B. Dollar
Doctor of Philosophy Dissertation
The language of subjective, individual rights has become the primary way of speaking about the rights and wrongs of human life together. Since the end of World War II, one subset of this language—that of human rights—has achieved a global influence. The various Christian traditions of the west have, in large part, adopted this language of human rights to articulate and supplement their assorted social teachings. Yet, the adoption of human rights language has been contested by a dedicated cadre of Roman Catholic and Protestant theologians concerned about the potentially anti-Christian implications inherent in the grammar of rights. Christian rights …
Constitutional Futurisms,
2025
University of Washington School of Law
Constitutional Futurisms, Jeremiah Chin
Articles
How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …
