Democracy In America At Work: The History Of Labor’S Vote In Corporate Governance,
2019
Seattle University School of Law
Democracy In America At Work: The History Of Labor’S Vote In Corporate Governance, Ewan Mcgaughey
Seattle University Law Review
Can there be democracy in America at work? The historical division between democracy in politics and hierarchy in the economy is under strain. Hierarchical interests in the economy are shifting their model of power into politics, and yet a commitment to revive the law is resurgent. Central examples are the proposed Accountable Capitalism Act, Reward Work Act, Workplace Democracy Acts, and Employees’ Pension Security Acts. They would create a right for employees to elect 40% of directors on $1 billion company boards, a right for employees to elect one-third of directors on other listed company boards and require one-half employee …
“All Lawyers Are Somewhat Suspect”: Adolf A. Berle And The Modern Legal Profession,
2019
Seattle University School of Law
“All Lawyers Are Somewhat Suspect”: Adolf A. Berle And The Modern Legal Profession, Harwell Wells
Seattle University Law Review
Adolf A. Berle was perhaps the preeminent scholar of the modern corporation. He was also an occasional scholar of the modern legal profession. This Article surveys his writings on the legal profession from the 1930s to the 1960s, from the sharp criticisms he leveled at lawyers, particularly corporate lawyers, during the Great Depression, to his sunnier account of the lawyer’s role in the postwar era. I argue that Berle’s views were shaped both by the reformist tradition he inherited from Louis Brandeis and his writings on the corporation, which left him convinced that the fate of the legal profession would …
The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General),
2019
Dalhousie University Schulich School of Law
The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin
Articles, Book Chapters, & Popular Press
In Schmidt v Canada (Attorney General), the Federal Court of Appeal interpreted a series of provisions requiring the Minister of Justice to inform the House of Commons if government bills or proposed regulations are “inconsistent with” the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights. The Federal Court of Appeal, like the Federal Court below, held that these provisions are triggered only where there is no credible argument for consistency. In doing so, both Courts relied, in part, on a separation of powers argument. They stated that the Minister of Justice and Attorney General is not …
Reckless Juveniles,
2019
University of Michigan Law School
Reckless Juveniles, Kimberly Thomas
Articles
Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts.1 Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so long. This Article examines recklessness and related doctrines in light of the shifts in understanding of adolescent behavior and its biological roots, to see what insights we might attain, or what challenges these understandings pose to this foundational mens rea doctrine. Over the past decade, the U.S. Supreme …
Book Review: An Examination Of Maine's Public Beach Access,
2019
University of Maine School of Law
Book Review: An Examination Of Maine's Public Beach Access, Ariel A. Hampton
Ocean and Coastal Law Journal
Many people assume that access rights to public resources are unwavering. Two Maine Supreme Judicial Court cases concerning limitations to public access to Maine beaches rebut this assumption. In his book, Maine's Beaches Are Public Property: The Bell Cases Must Be Reexamined, Professor Orlando E. Delogu challenges the modifications to public beach access that resulted from these two cases. This Review focuses on the historical and legal arguments that Professor Delogu presents as justification for the reversal of the Bell cases. Professor Delogu gives compelling reasons for his take on the Bell cases and why the State of Maine should …
Letter From The Editor,
2019
University of Richmond
Letter From The Editor, Maryann Grover
Richmond Public Interest Law Review
No abstract provided.
The Appeal Of A Repeal: Analyzing Virginia’S Self-Sabotage Of Successful Re-Entry For Drug Felons,
2019
University of Richmond
The Appeal Of A Repeal: Analyzing Virginia’S Self-Sabotage Of Successful Re-Entry For Drug Felons, Salaam Bhatti
Richmond Public Interest Law Review
The United States is currently engaged in a battle against poverty. There are many heads to this Hydra, but one of the most significant is the felony drug ban. The felony drug ban prohibits individuals convicted of felony drug offenses from receiving Supplement Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) benefits. This means that, at a time when a former inmate is most vulnerable – when they struggle to find work and support themselves post-release - the government turns a blind eye to that individual’s need, often forcing a former inmate to recidivate and do anything …
Grassroots Organizing And Medicaid Expansion In Virginia: The Lee County Chapter Of Virginia Organizing And Medicaid Expansion,
2019
University of Richmond
Grassroots Organizing And Medicaid Expansion In Virginia: The Lee County Chapter Of Virginia Organizing And Medicaid Expansion, Brian Johns, Rosemary Gould, Ladelle Mcwhorter
Richmond Public Interest Law Review
The ability to participate in grassroots organizing derives implicitly from the Constitution’s declaration of “We the People” and explicitly from the First Amendment’s guarantee of the right to petition the Government for redress. At Virginia Organizing, we take this grant of power very seriously as is evident from our recent grassroots organizing for Medicaid expansion in Virginia. Our work focused predominately on more rural parts of the Commonwealth where our chapter members have experienced the consequences of a lack of access to health care. By mobilizing individuals passionate about Medicaid expansion and those who suffer from the lack of it …
Aging Out: 2018 Legislation Seeking To Address Virginia’S Permanency Problem For Children In Foster Care,
2019
University of Richmond
Aging Out: 2018 Legislation Seeking To Address Virginia’S Permanency Problem For Children In Foster Care, Valerie L'Herrou
Richmond Public Interest Law Review
Virginia has one of the highest rates of youth who “age out” of the foster care system and one of the lowest family reunification rates in the country. This is due to several factors, including that the termination of parental rights has an accelerated timeline in Virginia compared to the federal timeline. Children who age out of the system lack a sense of permanency that is critical to healthy psychological development. As a result, many such children tend to experience lower levels of educational attainment and income, and higher levels of substance use, criminal justice system involvement, and homelessness than …
Free To Bleed: Virginia House Bill 83 And The Dignity Of Menstruating Inmates,
2019
University of Richmond
Free To Bleed: Virginia House Bill 83 And The Dignity Of Menstruating Inmates, Holly Seibold, Gianna Fienberg
Richmond Public Interest Law Review
For many individuals, their monthly period is an embarrassing and stigmatizing event, but for those who are homeless or have a low income, are students, or are incarcerated, it is something much more dangerous. A lack of menstrual hygiene can lead to serious health risks including skin infections, urinary tract and bladder infections, and toxic shock syndrome. Because of the cost of menstrual supplies, though, many are prevented from adequately caring for their menstrual health. Students, the homeless and low-income, and the incarcerated are regularly confronted by a lack of access to menstrual supplies and are thus forced to use …
Virginia Pioneers Mental Health Transportation Alternative For Children Under Temporary Detention Order,
2019
University of Richmond
Virginia Pioneers Mental Health Transportation Alternative For Children Under Temporary Detention Order, Snapper Tams, Victoria Zicker
Richmond Public Interest Law Review
Children in Virginia who are experiencing a mental health crisis have traditionally been shackled while they are transported to a mental health facility for treatment. Such shackling is traumatizing for children and detrimental to their cognitive and emotional development. Shackling has been required by law enforcement personnel, the default providers of mental health transportation. However, alternative transportation options to law enforcement exist and are actively being explored in Virginia in order to de-stigmatize mental health crises and minimize trauma caused by the transportation process. The Virginia Department of Behavioral Health and Developmental Services funded a pilot program in southwestern Virginia …
If Roe Falls: Whole Woman’S Health Act As A Necessary Stop-Gap On The Way To Full Protection Of Bodily Autonomy In Virginia,
2019
University of Richmond
If Roe Falls: Whole Woman’S Health Act As A Necessary Stop-Gap On The Way To Full Protection Of Bodily Autonomy In Virginia, Galina Varchena
Richmond Public Interest Law Review
In 2016, the Supreme Court clarified the scenarios in which an “undue burden” is imposed on a pregnant person seeking an abortion in Whole Woman’s Health v. Hellerstedt. As a result, the constitutionality of many of Virginia’s abortion regulations seems in doubt. These unconstitutional regulations include the TRAP regulation that limits the type of facilities that can provide abortions, and statutes relating to informed consent and mandatory waiting periods. Thus, the outlook following the Court’s ruling in Whole Woman’s Health looked, if not bright, then at least hopeful for reproductive rights. That changed, though, with the Court’s 2018 ruling in …
Virginia’S 2018 General Assembly Session In Review,
2019
University of Richmond
Virginia’S 2018 General Assembly Session In Review, Mollie Laird
Richmond Public Interest Law Review
The 2018 General Assembly session came on the heels of what many deemed a shocking 2017 election cycle. Democrats gained a surprising number of seats in the General Assembly, creating the need for bipartisan compromise throughout the 2018 session. It is when compromise occurred that deals were made and laws were passed to benefit Virginians. This does not mean that tensions did not flare at times. Ideological differences were certainly on display in debates surrounding Confederate monuments and gun control. But beyond ideological differences, the General Assembly was able to raise the felony-larceny threshold and to end a rate freeze …
Prefatory Matter,
2019
University of Richmond
Age, Time, And Discrimination (Forthcoming),
2019
Chicago-Kent College of Law
Age, Time, And Discrimination (Forthcoming), Alexander Boni-Saenz
All Faculty Scholarship
Discrimination scholars have traditionally justified antidiscrimination laws by appealing to the value of equality. Egalitarian theories locate the moral wrong of discrimination in the unfavorable treatment one individual receives as compared to another. However, discrimination theory has neglected to engage seriously with the socio-legal category of age, which poses a challenge to this egalitarian consensus due to its unique temporal character. Unlike other identity categories, an individual’s age inevitably changes over time. Consequently, any age-based legal rule or private discrimination will ultimately yield equal treatment over the lifecourse. This explains the weak constitutional protection for age and the fact that …
Whistleblowing As A Ciceronian Moral Obligation To The State,
2019
Fordham University
Whistleblowing As A Ciceronian Moral Obligation To The State, Hailey Sylvander
Fordham Undergraduate Law Review
This Note explores the public law of whistleblowing through the lens of the Ancient Roman philosopher Marcus Tullius Cicero (106-43 BC). It first describes the current discourse on whistleblowing, justifications for whistleblowing, and a contemporary jurisprudential theory that examines those justifications. Then, the Note will explain Cicero’s theory on one’s duty to the state through acceptable public behavior, and how it relates to jurisprudence via the lens of morality. Next, the Note will apply Cicero’s theory to the case Department of Homeland Security v. Maclean to illustrate how the Supreme Court of the United States (the “Court”) has used precedent …
State Bar Of California,
2019
University of San Diego
State Bar Of California, Madeline Rojer, Aliana Dye, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Bureau For Private Postsecondary Education,
2019
University of San Diego
Bureau For Private Postsecondary Education, Mikaila Hernandez, R. C. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Key,
2019
University of San Diego
Department Of Managed Health Care,
2019
University of San Diego
Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
