Courts, Culture, And The Lethal Injection Stalemate,
2020
University of Nebraska College of Law
Courts, Culture, And The Lethal Injection Stalemate, Eric Berger
Nebraska College of Law: Faculty Publications
The Supreme Court's 2019 decision in Bucklew v. Precythe reiterated the Court's great deference to states in Eighth Amendment lethal injection cases. The takeaway is that when it comes to execution protocols, states can do what they want. Events on the ground tell a very different story. Notwithstanding courts' deference, executions have ground to a halt in numerous states, often due to lethal injection problems. State officials and the Court's conservative Justices have blamed this development on "anti-death penalty activists" waging ''guerilla war" on capital punishment. In reality, though, a variety of mostly uncoordinated actors motivated by a range of …
Recent Developments: Mas Associates, Llc V. Korotki,
2020
University of Baltimore Law
Recent Developments: Mas Associates, Llc V. Korotki, Christopher Ruyter
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Credible Behavioral Health, Inc. V. Johnson,
2020
University of Baltimore Law
Recent Developments: Credible Behavioral Health, Inc. V. Johnson, Hannah Williams
University of Baltimore Law Forum
No abstract provided.
Justice Hasted Is Justice Wasted: League Of Women Voters V. Commonwealth,
2020
Duquesne University
Justice Hasted Is Justice Wasted: League Of Women Voters V. Commonwealth, Carrie R. Garrison
Duquesne Law Review
No abstract provided.
Relative Preference, Emotional Attachments, And The Best Interest Of The Child In Need Of Assistance,
2020
University of Baltimore Law
Relative Preference, Emotional Attachments, And The Best Interest Of The Child In Need Of Assistance, Richard A. Perry Esq.
University of Baltimore Law Forum
No abstract provided.
Recent Developments: D.L. V. Sheppard Pratt Health System, Inc.,
2020
University of Baltimore Law
Recent Developments: D.L. V. Sheppard Pratt Health System, Inc., Cooper Gerus
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Howell V. State,
2020
University of Baltimore Law
Recent Developments: Howell V. State, Justin Ellis
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Trotman V. State,
2020
University of Baltimore Law
Recent Developments: Trotman V. State, Michael Hart
University of Baltimore Law Forum
No abstract provided.
Local Government Law,
2020
Mercer University School of Law
Local Government Law, Russell A. Britt, Michael C. Pruett, Jennifer D. Herzog, Brittanie Browning, Jacob Stalvey O'Neal, Pearson Cunningham
Mercer Law Review
Another banner year for local governments. A gubernatorial veto preserves, for now, the Georgia Supreme Court’s decision in Lathrop v. Deal that held sovereign immunity bars declaratory and injunctive relief claims against the state, including challenges to constitutionality under the state constitution. In the world of tax, some clarification on appraisal methodologies feature alongside cases notable for their unique procedural postures. A Georgia Supreme Court decision fleshes out what is required for a “meaningful” hearing to be afforded under zoning procedures law. Last year’s developments in the Open Meetings and Open Records Acts continue to bear fruit, and statutory construction …
Endrew F. V. Douglas County School District: How The Groundbreaking Supreme Court Case Has Impacted Maryland Special Education Law,
2020
University of Baltimore Law
Endrew F. V. Douglas County School District: How The Groundbreaking Supreme Court Case Has Impacted Maryland Special Education Law, Payton Aldridge
University of Baltimore Law Forum
No abstract provided.
The Disclosing Sexual Harassment In The Workplace Act, Maryland’S New Workplace Harassment Law: Is This Crab Cake All Filler?,
2020
University of Baltimore Law
The Disclosing Sexual Harassment In The Workplace Act, Maryland’S New Workplace Harassment Law: Is This Crab Cake All Filler?, Sean Keene
University of Baltimore Law Forum
No abstract provided.
Recalibrating Suspicion In An Era Of Hazy Legality,
2020
Seattle University School of Law
Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens
Seattle University Law Review
After a century of employing varying levels of prohibition enforced by criminal law, the United States has entered an era where individual states are rethinking marijuana policy, and the majority of states have in some way decided to make cannabis legally available. This symposium Article will offer a description of what has happened in the past few years, as well as ideas for how jurisdictions can use the changing legal status of cannabis to reshape criminal procedure more broadly. This Article will recommend that law enforcement no longer be permitted use the smell of marijuana as a reason to search …
University Of Baltimore Law Forum, Volume 50, Number 2 (Spring 2020),
2020
University of Baltimore Law
University Of Baltimore Law Forum, Volume 50, Number 2 (Spring 2020)
University of Baltimore Law Forum
No abstract provided.
Recent Developments: Pacheco V. State,
2020
University of Baltimore Law
Recent Developments: Pacheco V. State, Luke Griffin
University of Baltimore Law Forum
No abstract provided.
Nonexcludable Surgical Method Patents,
2020
American University Washington College of Law
Nonexcludable Surgical Method Patents, Jonas Anderson
Scholarly Articles in Law Reviews & Journals
A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?
The traditional answer …
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy,
2020
University of Kentucky
Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor
Theses and Dissertations--Political Science
This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach",
2020
Marquette University Law School
Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard
Marquette Law Review
The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for …
Marijuana Law Reform In 2020 And Beyond: Where We Are And Where We’Re Going,
2020
Seattle University School of Law
Marijuana Law Reform In 2020 And Beyond: Where We Are And Where We’Re Going, Sam Kamin
Seattle University Law Review
With another presidential election now looming on the horizon, both political parties and both sides of the marijuana law reform debate are once again preparing for the possibility of a seismic change in how marijuana is regulated in the United States. In this Article, I lay out the state of marijuana law and policy in the United States today with an eye toward that uncertain future. I describe the differential treatment of marijuana under state and federal law and the tensions this causes for those seeking to take advantage of marijuana law reform in the states. I analyze recent changes …
Unfair-But-Not-Deceptive: Confronting The Ambiguity In Washington State’S Consumer Protection Act,
2020
Seattle University School of Law
Unfair-But-Not-Deceptive: Confronting The Ambiguity In Washington State’S Consumer Protection Act, Emily Beale
Seattle University Law Review
This Comment will argue that Washington state courts must promulgate a new, workable definition of “unfair-but-not-deceptive” under Washington’s Consumer Protection Act. Washington courts have acknowledged that a business act or practice can be unfair but not deceptive, but a simple recognition does not fulfill the liberal intentions of the Consumer Protection Act. By continuously declining to define unfair- but-not-deceptive, Washington courts have left consumers vulnerable and without recourse. This Comment will highlight the approaches developed by the federal government and other state governments on how to confront the ambiguity of unfair-but-not-deceptive and will propose a concrete definition for the term.
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
