“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra That Should Be Gone For Good,
2021
University of Washington School of Law
“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra That Should Be Gone For Good, Hugh Spitzer
Washington Law Review Online
For a century, Washington State Supreme Court opinions periodically have intoned that the body will not invalidate a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This odd declaration invokes an evidentiary standard of proof as a rule of decision for a legal question of constitutionality, and it confuses practitioners and the public alike. “Unconstitutional beyond a reasonable doubt” is not peculiar to Washington State. Indeed, it began appearing in state court decisions in the early nineteenth century and, rarely, in opinions of the United States Supreme Court. But the use of the phrase rapidly increased …
Offenders And Sorn Laws,
2021
University of Michigan Law School
Offenders And Sorn Laws, Amanda Agan, J.J. Prescott
Book Chapters
Chapter 7 describes what we know about the effects of SORN laws on criminal behavior. A coherent story emerges from this review: there is virtually no evidence that SORN laws reduce recidivism or otherwise increase public safety. The chapter first delineates the various ways registration and notification alter the legal environment not only for registrants but also for nonregistrants, the public, and law enforcement. There are many channels through which SORN laws might impact the frequency of sex offenses, including some that would produce an increase in overall offending. The chapter assesses these possibilities in light of a large body …
A Palatable Option For Sugar-Coated Palates: Labeling As The Libertarian Paternalism Intervention That American Consumers Need,
2021
University of Florida Levin College of Law
A Palatable Option For Sugar-Coated Palates: Labeling As The Libertarian Paternalism Intervention That American Consumers Need, Nicholas G. Miller
University of Florida Journal of Law & Public Policy
No abstract provided.
When Critical Race Theory Enters The Law & Technology Frame,
2021
Indiana University Maurer School of Law
When Critical Race Theory Enters The Law & Technology Frame, Jessica M. Eaglin
Michigan Journal of Race and Law
Michigan Technology Law Review is proud to partner with our peers to publish this essay by Professor Jessica Eaglin on the intertwining social construction of race, law and technology. This piece highlights how the approach to use technology as precise tools for criminal administration or objective solutions to societal issues often fails to consider how laws and technologies are created in our racialized society. If we do not consider how race and technology are co-productive, we will fail to reach substantive justice and instead reinforce existing racial hierarchies legitimated by laws.
A Path To Transformation: Asking “The Woman Question” In International Law,
2021
University of Pennsylvania Law School
A Path To Transformation: Asking “The Woman Question” In International Law, Cochav Elkayam-Levy
Michigan Journal of International Law
Methods matter, and the discussion over feminist methods in international law is an important one. As Kathrine Bartlett famously noted, “thinking about method is empowering.” It makes us more aware of the nature of what we do and what we aim to improve in the law. Consequently, we can act more effectively when we examine legal structures and do it with a stronger sense of commitment towards our feminist work. Methods are also the fundamental means by which we produce “valid knowing.” The discussion of feminist methods in international law is one that engages with the combination of rules and …
Pay For Play In College Athletics: Why Cost Of Attendance?,
2021
University of Florida Levin College of Law
Pay For Play In College Athletics: Why Cost Of Attendance?, Danielle Day
University of Florida Journal of Law & Public Policy
No abstract provided.
Fiscal Geography,
2021
Georgetown University Law Center
Fiscal Geography, Eric A. San Juan
University of Florida Journal of Law & Public Policy
No abstract provided.
The Legitimacy And Limits Of Punishing "Bad Samaritans",
2021
University of Alabama
The Legitimacy And Limits Of Punishing "Bad Samaritans", Luke William Hunt
University of Florida Journal of Law & Public Policy
No abstract provided.
The Future Of Statutory Caps On Noneconomic Damages In Florida Medical Malpractice Actions: Constitutional Or Not?,
2021
University of Florida Levin College of Law
The Future Of Statutory Caps On Noneconomic Damages In Florida Medical Malpractice Actions: Constitutional Or Not?, Allison Mangan
University of Florida Journal of Law & Public Policy
No abstract provided.
Constitutional Skepticism And Local Facts,
2021
Georgetown University Law Center
Constitutional Skepticism And Local Facts, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
Are written constitutions evil? In his new book, Constitutional Idolatry and Democracy, Brian Christoper Jones argues that they are. He claims that written constitutions fail to unite societies, degrade democratic engagement, and obstruct necessary constitutional maintenance. This review of his book argues that he is mostly right about the effects of the American Constitution, but that the effects of other constitutions will vary depending upon local facts.
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents and Special Thanks.
Will The "Legal Singularity" Hollow Out Law's Normative Core?,
2021
Georgia State University College of Law
Will The "Legal Singularity" Hollow Out Law's Normative Core?, Robert F. Weber
Michigan Technology Law Review
This Article undertakes a critical examination of the unintended consequences for the legal system if we arrive at the futurist dream of a legal singularity—the moment when predictive, mass-data technologies evolve to create a perfectly predictable, algorithmically-expressed legal system bereft of all legal uncertainty. It argues that although the singularity would surely enhance the efficiency of the legal system in a narrow sense, it would also undermine the rule of law, a bedrock institution of any liberal legal order and a key source of the legal system’s legitimacy. It would do so by dissolving the normative content of the two …
Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations,
2021
Claremont Colleges
Privacy-As-Property: A New Fundamental Approach To The Right To Privacy And The Impact This Will Have On The Law And Corporations, Sevion Dacosta
CMC Senior Theses
The most popular conception of the right to privacy stems from Warren and Brandeis’s description of privacy as “the right to be left alone.” This theory ultimately points to a more fundamental approach to the right to privacy rooted in property rights. This fundamental approach - which I call privacy-as-property - is what I establish in this paper. I argue that the Lockean concept of property that “every man has a property in his own person” provides the foundation for the right to privacy. Privacy-as-property begins with the fundamental right to control oneself. Because of this intrinsic right, your property …
Second Amendment Equilibria,
2021
Duke Law School
Second Amendment Equilibria, Darrell A. H. Miller
Faculty Scholarship
Equilibrium-adjustment theory, first articulated by Professor Orin Kerr for Fourth Amendment cases, holds promise for rationalizing Second Amendment doctrine going forward. Like the Fourth Amendment, the Second Amendment suggests an initial equilibrium—or actually, multiple equilibria—between government power to possess, use, and control the implements of violence and private power to do the same. And, like Fourth Amendment doctrine, Second Amendment doctrine must contend with both technological and societal change. These changes—e.g., more deadly and accurate weapons, more public acceptance of concealed carry—can upset whatever initial balance of gun rights and regulation there may have been in the initial state. Although …
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders,
2021
Pitzer College
Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman
Pitzer Senior Theses
This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …
Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level,
2021
Penn State Dickinson Law
Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill
Dickinson Law Review (2017-Present)
Recently, the federal government has taken numerous steps to promote the equal treatment (also known as parity) of mental and physical health issues. The two most impactful actions are the Mental Health Parity and Addiction Act of 2008 and the Affordable Care Act. These acts focus on the traditional avenue for parity change—insurance regulation. While these acts have improved parity, major gaps in coverage and treatment between mental health/substance use disorder treatment and medical/surgical treatment persist. ERISA Preemption, evasive insurer behavior, lack of enforcement, and lack of consumer education continue to plague patients and healthcare professionals. On its own, federal …
Achieving Better Care In Pennsylvania By Allowing Pharmacists To Practice Pharmacy,
2021
Penn State Dickinson Law
Achieving Better Care In Pennsylvania By Allowing Pharmacists To Practice Pharmacy, Travis Murray
Dickinson Law Review (2017-Present)
Traditionally, state legislatures implemented Prescription Drug Monitoring Programs (“PDMPs”) to assist prescribers, pharmacists, and law enforcement in identifying patients likely to misuse, abuse, or divert controlled substances. PDMP databases contain a catalog of a patient’s recent controlled substances that pharmacies have filled, including the date, location, the quantity of medication filled, and the prescribing health care provider. Prescribers in Pennsylvania have a duty to query the PDMP before prescribing controlled substances in most clinical settings. Pharmacists have a similar duty in Pennsylvania to dispense safe and effective medication therapy to patients and to screen patients for potential signs of misuse, …
The Pure Theory Of Law Is A Hole In The Ozone Layer,
2021
University of Colorado Law School
The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich
University of Colorado Law Review
No abstract provided.
Critique, Ideology, And Aesthetics,
2021
University of Colorado Law School
Critique, Ideology, And Aesthetics, Richard Thompson Ford
University of Colorado Law Review
No abstract provided.
From Promise To Threat In Language And Law,
2021
University of Colorado Law School
From Promise To Threat In Language And Law, Marianne Constable
University of Colorado Law Review
No abstract provided.
