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Children Are Different: The Need For Reform Of Virginia's Juvenile Transfer Laws, M. Randell Scism 2019 University of Richmond

Children Are Different: The Need For Reform Of Virginia's Juvenile Transfer Laws, M. Randell Scism

Richmond Public Interest Law Review

In Virginia, there are three ways that a juvenile can be sent to the adult criminal justice system: discretionary waiver, certification (direct file), and mandatory waiver through transfer and certification, but they are no ways to be sent back to the juvenile criminal justice system if that would be more appropriate. Once a juvenile enters the adult criminal justice system, they are subject to more significant sentences and collateral consequences. This increased punishment is counterproductive because, as the Supreme Court recognized in Roper, Graham, and Miller, juveniles are less culpable for the crimes they commit and more likely to be …


Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman 2019 Yale Law School

Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman

Chicago-Kent Law Review

Established public law principles are under strain from the prospect of Brexit in the United Kingdom and the Trump Administration in the United States. In the United Kingdom the Parliament is playing an increasingly important role in overseeing the Government, and the judiciary is beginning to support democratic accountability in executive policymaking. In the United States, possible statutory changes and the power of the president to reshape the public administration are of concern. Although in the United States the most draconian measures will likely die with the return of the House to Democratic Party control, they may remain on the …


Board Of Pharmacy, John LaCrosse, John Mysliwiec, Bridget Fogarty Gramme 2019 University of San Diego

Board Of Pharmacy, John Lacrosse, John Mysliwiec, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Should Automakers Be Responsible For Accidents?, Kyle D. Logue 2019 University of Michigan Law School

Should Automakers Be Responsible For Accidents?, Kyle D. Logue

Articles

Motor vehicles are among the most dangerous products sold anywhere. Automobiles pose a larger risk of accidental death than any other product, except perhaps opioids. Annual autocrash deaths in the United States have not been below 30,000 since the 1940s, reaching a recent peak of roughly 40,000 in 2016. And the social cost of auto crashes goes beyond deaths. Auto-accident victims who survive often incur extraordinary medical expenses. Those crash victims whose injuries render them unable to work experience lost income. Auto accidents also cause nontrivial amounts of property damage—mostly to the automobiles themselves, but also to highways, bridges, or …


Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt 2019 Dalhousie University Schulich School of Law

Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt

LLM Theses

The Canadian Charter of Rights and Freedoms guarantees every person in Canada freedom of conscience and religion. I contend that the concept of religious freedom was born out of a history of religious suffering and originally took the form of John Locke’s toleration of religious differences. In Big M, the first Supreme Court of Canada case that interpreted s. 2(a), Chief Justice Dickson recognized the historical context of religious freedom but also tied it to human autonomy, equality, and dignity. An examination of the cases since Big M suggests that when courts think in terms of tolerance, they accord greater …


Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua ONG 2019 Singapore Management University

Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Protection from Online Falsehoods andManipulation Act (Pofma), some criticised it for being too vague. Pofma contains words and phrases whose meaning is not explicitlyclear, e.g. statements that are “falseor misleading”, but does not define “misleading”. But case law gives us aclearer understanding of what “misleading” means


The High Court As De Facto Court Of Appeal: A Revisitation Of Leave Requirements In The Criminal And Family Court Jurisdictions, Kwan Ho LAU 2019 Singapore Management University

The High Court As De Facto Court Of Appeal: A Revisitation Of Leave Requirements In The Criminal And Family Court Jurisdictions, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

The High Court almostalways sits in its judicial capacity with a single Judge. The exceptions arelimited. This article is concerned with the expanded constitution of the HighCourt in the exercise of its criminal and family court jurisdictions, and with the opinion expressed in some recent cases that the enlarged three-judge panelof the High Court might in these contexts be viewed as a de facto Court of Appeal. Upon a contemplation of the consequencessaid to result from such occasional expansions of the court, it is suggested inthis article that the practice, while defensibly founded on practicalnecessity, should also lead to consideration …


Neglecting Nationalism, Gil Seinfeld 2019 University of Michigan Law School

Neglecting Nationalism, Gil Seinfeld

Articles

Federalism is a system of government that calls for the division of power between a central authority and member states. It is designed to secure benefits that flow from centralization and from devolution, as well as benefits that accrue from a simultaneous commitment to both. A student of modern American federalism, however, might have a very different impression, for significant swaths of the case law and scholarly commentary on the subject neglect the centralizing, nationalist side of the federal balance. This claim may come as a surprise, since it is obviously the case that our national government has become immensely …


Dental Board Of California, Helene E. Mayer, Debra Jorgensen 2019 University of San Diego

Dental Board Of California, Helene E. Mayer, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Department Of Managed Health Care, Kaitlyn Enticknap, Monet McCord, Debra Jorgensen 2019 University of San Diego

Department Of Managed Health Care, Kaitlyn Enticknap, Monet Mccord, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Mason Bettencourt, Debra Jorgensen 2019 University of San Diego

Medical Board Of California, Mason Bettencourt, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Heather Morse, Debra Jorgensen 2019 University of San Diego

Board Of Registered Nursing, Heather Morse, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Kelsey Burns, Betsy Gopinath 2019 University of San Diego

Veterinary Medical Board, Kelsey Burns, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Brian Attard, Debra Jorgensen 2019 University of San Diego

California Board Of Accountancy, Brian Attard, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme 2019 University of San Diego

State Bar Of California, Ashley Kearney, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme 2019 University of San Diego

Committee Of Bar Examiners, Samantha Steed, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth 2019 University of San Diego

California Public Utilities Commission, Charles Kreuzberger, Thomas G. Routson, Negin Taleb, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth 2019 University of San Diego

Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen 2019 University of San Diego

Department Of Insurance, Sarah Marie Burgh, Joseph Cheng, Debra Jorgensen

California Regulatory Law Reporter

No abstract provided.


Government Funding Of Town Councils: The Role Of Private Law, Benjamin Joshua ONG 2019 Singapore Management University

Government Funding Of Town Councils: The Role Of Private Law, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Section 42 of theTown Councils Act (Cap 329A, 2000 Rev Ed) provides for the Government toprovide grants to Town Councils “subject to such conditions as theMinister may determine”. The imposition of such conditions can beuseful in theory. However, there is no clear mechanism by which suchconditions may be enforced. This article proposes that this lacuna befilled as follows: such conditions are to take the form of private-lawrelationships between the Government and Town Councils. After outliningthe benefits of this proposal, the article critiques the Court of Appeal’sdecision in a 2016 case which held that such private-lawrelationships cannot exist as a matter …


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