Requiring The Executive To Turn Square Corners: The Supreme Court Increases Agency Accountability In Department Of Homeland Security V. Regents Of The University Of California,
2022
Penn State Dickinson Law
Requiring The Executive To Turn Square Corners: The Supreme Court Increases Agency Accountability In Department Of Homeland Security V. Regents Of The University Of California, Claudia J. Bernstein
Dickinson Law Review (2017-Present)
Administrative agencies frequently promulgate rules that have dramatic effects on peoples’ lives. Deferred Action for Childhood Arrivals (“DACA”) is one such example. DACA grants certain unlawful immigrants a temporary reprieve from deportation, as well as ancillary benefits such as work permits. In 2017, the Department of Homeland Security (“DHS”) sought to rescind DACA on the basis that the program violates the Immigration and Nationality Act.
This Comment analyzes the recent Supreme Court decision about DACA’s recission in Department of Homeland Security v. Regents of University of California. In rejecting DHS’s attempt to rescind DACA, the Court strengthened agency accountability …
Retirement Lost: Enhancing The Durability Of The 401(K) Account,
2022
University of Massachusetts Boston; University of Massachusetts Law School
Retirement Lost: Enhancing The Durability Of The 401(K) Account, Anna-Marie Tabor
Dickinson Law Review (2017-Present)
American workers have left billions of dollars in 401(k) accounts that they may never be able to find. The problem affects low-wage workers the most, aggravating income-based retirement inequality. Workers who are laid off or change jobs often leave their 401(k) savings in a former employer’s plan. As time passes, communication breaks down between departed employees and their plans, and changes to the employer, plan provider, or individual accounts may prevent the worker from finding the account. Once participants and plans have lost contact with each other, many plans force transfer balances under $5000 into Individual Retirement Accounts, without the …
Restricting Funeral Expense Deductions,
2022
Southern Illinois University School of Law
Restricting Funeral Expense Deductions, William A. Drennan
Dickinson Law Review (2017-Present)
During the Middle Ages, the wealthy often requested burial in mass graves with their fellow mortals, as a sign of humility. But since the rise of the cult of the individual during the Renaissance, individual burial plots have been an expression of prestige, wealth, and social status for some. For example, Leona Helmsley, real estate baroness and “Queen of Mean,” dedicated $3 million upon her death for the care and maintenance of her 1300 square foot, $1.4 million mausoleum. Respectful disposition of the body is a hallmark of civilization and a common law requirement of estate administration, but an extravagant …
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System,
2022
Penn State Dickinson Law
An Attempt To Bring Modern Workplace Realities To The Social Security Disability Adjudication System, Robert E. Rains
Dickinson Law Review (2017-Present)
No abstract provided.
The Writing’S On The Wall: Using Multimedia Presentation Principles From The Museum World To Improve Law School Pedagogy,
2022
Yale Law School
The Writing’S On The Wall: Using Multimedia Presentation Principles From The Museum World To Improve Law School Pedagogy, Cecilia A. Silver
Dickinson Law Review (2017-Present)
Law school pedagogy is a relic. Nearly 150 years after Christopher Langdell pioneered the case method, the typical doctrinal course remains predominantly a verbal domain, featuring lectures, Socratic dialogue, and final exams. But the visual disconnect between legal education and legal practice does students a disservice. Under the proliferating influence of laptops, iPads, smartphones, and Zoom, students now read, work, and study electronically more than they ever have before. So instead of business as usual, it’s time to embrace “visualization”—using multimedia to enhance, or even supplant, the near-exclusive reliance on language—to build a more vibrant and inclusive learning environment.
Law …
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth,
2022
Penn State Dickinson Law
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Dickinson Law Review (2017-Present)
No abstract provided.
“If Rules They Can Be Called”,
2022
Georgetown University Law Center
“If Rules They Can Be Called”, Amy J. Griffin
Georgetown Law Faculty Publications and Other Works
Who gets to decide what counts as law? The weight of authority in the U.S. legal system is governed almost entirely by unwritten rules—social norms that establish which sources have weight (and how much weight they have). In 2016, Bryan A. Garner and twelve judges published a treatise essentially codifying unwritten rules related to the operation of precedent. That book, The Law of Judicial Precedent, has itself become a source of authority (on legal authority), cited by judges across jurisdictions. In this essay, I question whether the judicial norms governing the operation of precedent are appropriately presented as definitive blackletter …
In Memoriam Professor Emeritus Egon Guttman,
2022
American University Washington College of Law
In Memoriam Professor Emeritus Egon Guttman, Claudio Grossman, Walter A. Effross, David V. Snyder
American University Law Review
This Issue of the American University Law Review is dedicated to the memory of Egon Guttman, longtime professor at American University Washington College of Law and an esteemed member of the American University Law Review’s Faculty Advisory Committee.
On File With: Challenges Of Inaccessible References,
2022
Georgetown University Law Center
On File With: Challenges Of Inaccessible References, Austin Martin Williams
Georgetown Law Faculty Publications and Other Works
This article examines the use of “on file with” citations in student-edited law reviews and journals and their impact on future research endeavors. It then explores potential remedies to make unpublished materials held by authors more accessible and identifies factors to consider before posting these materials online. Finally, it argues that law libraries are best suited to develop solutions for making unpublished materials more accessible and to serve as long-term stewards of these valuable resources.
Reflective Journal: Curricular Deficits, Pedagogical Challenges And Constructing Community In A Non- Traditional Law School Class,
2022
Maurice A. Deane School of Law at Hofstra University
Reflective Journal: Curricular Deficits, Pedagogical Challenges And Constructing Community In A Non- Traditional Law School Class, Rita A. Sethi
Roger Williams University Law Review
No abstract provided.
Changemakers: The Line Between Talent And Desire,
2022
Roger Williams University
Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Changemakers: To Empower And Amplify Lgbtq+ Voices,
2022
Roger Williams University School of Law
Changemakers: To Empower And Amplify Lgbtq+ Voices, Michelle Choate
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (January 2022): Legal Beagle's Blog Archive,
2022
Roger Williams University
Law Library Blog (January 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Litigation Bias,
2022
Suffolk University Law School
Litigation Bias, Adam N. Eckart
Suffolk University Law School Faculty Works
There is pervasive litigation bias in law schools. Despite significant interest in transactional law fields among law students, law schools disproportionately teach to the student interested in litigation: litigation-based legal writing assignments outnumber transactional-based ones 19 to 1; litigation-based clinics outnumber transactional ones 9 to 1; and doctrinal classes focus primarily on appellate court cases, often failing to entertain substantive discussion on the creation or content of the documents that led to the dispute. As a result, law school graduates are 44% less prepared for transactional careers than litigation careers.
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Westlaw’S Key Number System,
2022
University of Colorado Law School
Fastcase Features: A Quick Guide For Former Casemaker Users,
2022
University of Colorado Law School
Fastcase Features: A Quick Guide For Former Casemaker Users, Baylee Suskin
Publications
No abstract provided.
Against The Wind: James Boyd White And The Struggle To Keep Law Alive,
2022
University of Colorado Law School
Against The Wind: James Boyd White And The Struggle To Keep Law Alive, Todd M. Stafford
Publications
No abstract provided.
Masthead,
2022
Touro University Jacob D. Fuchsberg Law Center
Table Of Contents,
2022
Touro University Jacob D. Fuchsberg Law Center
A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency,
2022
DePaul College of Law
A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan
Dickinson Law Review (2017-Present)
Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.
Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …
