Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions,
2019
University of San Diego School of Law
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Class In The Classroom: Poverty, Policies, And Practices Impeding Education,
2019
Pepperdine University
Class In The Classroom: Poverty, Policies, And Practices Impeding Education, Chris Chambers Goodman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
President Trump's Crusade Against The Transgender Community,
2019
American University Washington College of Law
President Trump's Crusade Against The Transgender Community, Brendan Williams
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Class In The Classroom: Poverty, Policies, And Practices Impeding Education,
2019
Pepperdine University
Class In The Classroom: Poverty, Policies, And Practices Impeding Education, Chris Chambers Goodman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions,
2019
University of San Diego School of Law
Forgotten Children: Rethinking The Individuals With Disabilities Education Act Behavior Provisions, Margaret A. Dalton
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States,
2019
The Academic Center of Law and Science, Israel
Contemporary Aspects Of Female Genital Mutilation Prohibitions In The United States, Limor Ezioni
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis,
2019
Florida International University College of Law
Carrots, Sticks And Problem Drug Use: The Law Enforcement Lobby's Contribution To The Policy Discourse On Drug Use & The Opioid Crisis, Taleed El-Sabawi
Faculty Publications
Despite the growing support for the idea that problem drug use should be treated like a chronic medical disease, some law enforcement interest groups, including trial court judges associations, prosecuting attorneys associations, and police associations (“law enforcement groups” or “criminal justice actors”), continue to argue for the use of the criminal justice system to address the nation’s drug crises. The justification for the use of the criminal justice system to oversee the psychological and medical treatment of persons with substance use disorders (SUDs) is based on the belief that persons with SUDs are deviants, who cannot refrain from engaging in …
The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong,
2019
Touro Law Center
The Application Of Title Ii Of The Americans With Disabilities Act To Employment Discrimination: Why The Circuits Have Gotten It Wrong, William Brooks
Touro Law Review
No abstract provided.
Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017),
2019
Touro University Jacob D. Fuchsberg Law Center
Free Appropriate Public Education After Endrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell L. Yell
Touro Law Review
No abstract provided.
Masthead,
2019
University of San Diego
Board Of Registered Nursing,
2019
University of San Diego
Board Of Registered Nursing, Shana Sobel, Debra Jorgensen
California Regulatory Law Reporter
No abstract provided.
The State Of The Death Penalty,
2019
Duke Law School
The State Of The Death Penalty, Ankur Desai, Brandon L. Garrett
Faculty Scholarship
The death penalty is in decline in America and most death penalty states do not regularly impose death sentences. In 2016 and 2017, states reached modern lows in imposed death sentences, with just thirty-one defendants sentenced to death in 2016 and thirty-nine in 2017, as compared with over three hundred per year in the 1990s. In 2016, only thirteen states imposed death sentences, and in 2017, fourteen did so, although thirty-one states retain the death penalty. What explains this remarkable and quite unexpected trend? In this Article, we present new analysis of state-level legislative changes that might have been expected …
Immigration Detainers, Local Discretion, And State Law's Historical Constraints,
2019
Duke Law School
Immigration Detainers, Local Discretion, And State Law's Historical Constraints, Kate Evans
Faculty Scholarship
No abstract provided.
Proactive Resolution Of Sovereign And Subnational Debt,
2019
Duke Law School
Proactive Resolution Of Sovereign And Subnational Debt, Steven L. Schwarcz
Faculty Scholarship
Sovereign debt restructuring strategies have been mostly reactive, applying only once a nation’s debt burden becomes unsustainable. Reactive strategies are suboptimal for many reasons, including that international law does not yet provide mechanisms—in the corporate sector, provided by bankruptcy law—for correcting collective action and other market failures that impede the restructuring of sovereign debt. A financially troubled nation often faces a dilemma: paying its debt would reduce its ability to provide critical public services, but defaulting would further damage the nation’s fiscal integrity and reputation and could even shock the broader economy. Building on “proactive” strategies designed to resolve corporate …
Prosecuting In The Shadow Of The Jury,
2019
Southern Methodist University, Dedman School of Law
Prosecuting In The Shadow Of The Jury, Anna Offit
Faculty Journal Articles and Book Chapters
This article offers an unprecedented empirical window into prosecutorial discretion drawing on long-term participatory research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations of justice. This is because even the remote possibility of lay scrutiny creates an opening for prosecutors to make common sense assessments of (1) the evidence in their cases, (2) the character of witnesses, defendants and victims, and (3) their own moral and professional character as public servants. By facilitating explicit consideration of the fairness of their cases from a public vantage point, …
A “Critical” Question Of State Law: Georgia’S Ambiguous Treatment Of Initial Appearance Hearings And Implications Of Bail Reform,
2019
University of Georgia School of Law
A “Critical” Question Of State Law: Georgia’S Ambiguous Treatment Of Initial Appearance Hearings And Implications Of Bail Reform, Anne Miller Reynolds
Georgia Law Review
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to counsel at critical stages of a proceeding. While the U.S. Supreme Court has not addressed whether initial bail hearings are critical stages of a proceeding, several states have elected to provide greater protection for criminal defendants by holding that bail hearings are critical stages. However, Georgia has avoided this question, as Georgia has held that initial appearance hearings, in which questions of bail are often decided, are “not often” critical stages of a proceeding. Logically, it follows that initial appearance hearings must sometimes be critical stages of …
Education Under Fire?: An Analysis Of Campus Carry And University Autonomy In Georgia,
2019
University of Georgia School of Law
Education Under Fire?: An Analysis Of Campus Carry And University Autonomy In Georgia, Brooke Anne Carrington
Georgia Law Review
In 2017, Georgia’s controversial campus carry bill was signed into law despite protest from the state’s Board of Regents, university officials, and students. Georgia is one of ten states that has implemented campus carry. Georgia’s campus carry statute is unique in that it may conflict with Georgia’s Constitution, which vests the powers of “government, control, and management” of the University System of Georgia in the Board of Regents. Georgia courts have not yet addressed what this provision of the Constitution means. This Note applies general principles of constitutional interpretation to the provision.
This Note analyzes the framers’ intent when drafting …
Carrying Capacity: Should Georgia Enact Surrogacy Regulation?,
2019
University of Georgia School of Law
Carrying Capacity: Should Georgia Enact Surrogacy Regulation?, Madeline Mae Neel
Georgia Law Review
While modern gestational surrogacy technology has existed for almost forty years, surrogacy is viewed as a matter of state law because the United States has yet to regulate it at the federal level. Many have advocated for either federal legislation or their own individual states to enact legislation addressing surrogacy, but Georgia is one of many states that still lacks any laws regulating—or even mentioning—surrogacy agreements. To make the process more uncertain for couples contemplating surrogacy, Georgia also lacks any case law that could provide parties to surrogacy agreements with guidance on how to proceed or how any dispute may …
St. Louis Vacancy Collaborative: 2019-2021 Work Plan,
2019
Saint Louis University School of Law
St. Louis Vacancy Collaborative: 2019-2021 Work Plan, Dana M. Malkus
All Faculty Scholarship
Our City has a serious vacant property challenge. To effectively address vacancy, we must understand and respond to the factors that cause and perpetuate it. Much of the story of vacancy in our city, like other cities, includes a legacy of racism, disinvestment, and disengagement that has led to a breakdown in trust. We know that vacancy can result from incomplete foreclosure, bankruptcy, prolonged probate or lack of proper probate, investors with little incentive to care, judgment proof owners, bank ownership, lack of resources to repair or redevelop, lack of value, the foreclosure crisis, sprawl and weak markets.1 In …
Administrative States: Beyond Presidential Administration,
2019
Columbia Law School
Administrative States: Beyond Presidential Administration, Jessica Bulman-Pozen
Faculty Scholarship
Presidential administration is more entrenched and expansive than ever. Most significant policymaking comes from agency action rather than legislation. Courts endorse “the presence of Presidential power” in agency decisionmaking. Scholars give up on external checks and balances and take presidential direction as a starting point. Yet presidential administration is also quite fragile. Even as the Court embraces presidential control, it has been limiting the administrative domain over which the President presides. And when Presidents drive agency action in a polarized age, their policies are not only immediately contested but also readily reversed by their successors.
States complicate each piece of …
