Public Law and Legal Theory Commons^™

From Liability Shields To Democratic Theory: What We Need From Tort Theory Now, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Among possible legal responses to a pandemic, quashing tort liability might seem startling. Common sense indicates that a deadly and debilitating disease would call for possible tort liability, to enable recovery for losses by those subjected to the disease because of others’ carelessness while also discouraging careless conduct that could lead to preventable cases illness in the first place. Yet, when faced with SARS-CoV-2 and COVID-19, the life-threatening disease caused by the virus, the first response of many American lawmakers was to enact, or attempt to enact, COVID-19 “liability shield” statutes. These laws introduced doctrine to eliminate or narrow grounds …

From Parchment To Dust: The Case For Constitutional Skepticism (Introduction), Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

This is the introduction to a new book entitled "From Parchment to Dust: The Case for Constitutional Skepticism." The introduction sets out a preliminary case for constitutional skepticism and outlines the arguments contained in the rest of the book.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Closing The Health Justice Gap: Access To Justice In Furtherance Of Health Equity, Yael Cannon

Georgetown Law Faculty Publications and Other Works

A massive civil “justice gap” plagues the United States. Every day, low-income Americans—and disproportionately people of color—go without the legal information and representation they need to enforce their rights. This can cost them their homes, jobs, food security, or children. But unmet civil legal needs in housing, employment, and public benefits, for example, are not simply injustices—they are well-documented drivers of poor health, or social determinants of health. Those marginalized by virtue of both race and socioeconomic status are particularly harmed by inaccessibility to justice and also by chronic health conditions and lower life expectancy. When a tenant walks into …

The Trial Lottery, Kiel Brennan-Marquez, Darryl Brown, Stephen E. Henderson

Faculty Articles

Juries are the lifeblood of our criminal justice system. As the Framers clearly understood, and as the Supreme Court has consistently reaffirmed in recent years, their value goes far beyond accuracy in individual cases. Criminal juries are a democratic bulwark against overzealous state power; they keep prosecutors and police in check. Accordingly, the disappearance of traditional criminal trials is not just a problem for individual defendants. It is a problem for all of us. In this Article, we propose a novel mechanism to (partly) restore the criminal jury to its rightful pride of place—a trial lottery. In short, a small …

On Cooperationism: An End To The Economic Plague, Bernard E. Harcourt

Faculty Scholarship

Over thirty million Americans just filed first-time unemployment claims as a result of the economic devastation caused by the coronavirus pandemic, pushing unemployment to its highest levels since the Great Depression. Despite that, the US stock markets recorded in April their best month since 1987; after an initial shock, the markets rallied steadily, rising over 30 percent since their lows in late March. Most economists sounded puzzled and offered fanciful daily explanations. Even Paul Krugman had little to say, suggesting that "Investors are buying stocks in part because they have nowhere else to go."

But it’s no wonder the markets …

Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner

Dickinson Law Review (2017-Present)

Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …

Heroes Among Us: Good Samaritan Laws And Paddlers Turned Swiftwater Rescuers, Jennifer Jolly-Ryan

University of San Francisco Law Review

No abstract provided.

Full Faith & Credit For Victims Of Human Trafficking, Joseph Woltmann

University of San Francisco Law Review

No abstract provided.

Providing Relief After A Natural Disaster Through Credit Reports, Katherine Wecker

Seattle University Law Review

The COVID-19 pandemic forced the world to re-think systems that have been in place for decades, quickly adapting—at least temporarily— to the new normal. Among those systems was the credit reporting system. In response to the pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act; an act that, among other things, amends the Fair Credit Reporting Act in regard to how credit reporting agencies should respond to delinquencies resulting from the pandemic.

This Note argues that to adapt to the increasing occurrence of natural disasters, the U.S. government must implement a system in which a consumer can …

The Plight Of Cyntoia Brown: Can Safe Harbor Laws Prevent The Prosecution Of Child Sex Trafficking Victims, Nickera Rodriguez

University of Florida Journal of Law & Public Policy

No abstract provided.

The Duel Between Reversible Error And Preservation: Florida Supreme Court To Have Last Word On Family Law Cases With Inadequate Statutorily-Required Findings, Larry R. Fleurantin

University of Florida Journal of Law & Public Policy

No abstract provided.

Release Roulette: The Rural-Urban Pretrial Detention Divide In Florida, Matthew Baker

University of Florida Journal of Law & Public Policy

No abstract provided.

Conserving The Future: Policing Syndicated Conservation Easements, J.W. Glass

University of Florida Journal of Law & Public Policy

No abstract provided.

The Constitutional Incongruity Of "May-Issue" Concealed Carry Permit Laws, Noah C. Chauvin

University of Florida Journal of Law & Public Policy

No abstract provided.

Let The Sunshine In: Floridian Felons And The Franchise, Joshua H. Winograd

University of Florida Journal of Law & Public Policy

No abstract provided.

Prisoners As "Quasi-Employees", Ethan Heben

University of Florida Journal of Law & Public Policy

No abstract provided.

Learning While Black: How "Zero Tolerance" Policies Disproportionately Affect Black Students, Sydney Ford

University of Florida Journal of Law & Public Policy

No abstract provided.

An Unnatural Reading: The Revisionist History Of Abortion In Hodes V. Schmidt, Skylar Reese Croy, Alexander Lemke

University of Florida Journal of Law & Public Policy

No abstract provided.

Place Your Finger On The Home Button: The Legality Of Compelling Biometrics, Casey Coffey

University of Florida Journal of Law & Public Policy

No abstract provided.