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Education And Democracy From Brown To Plyler, Nicholas Espíritu 2023 St. John's University School of Law

Education And Democracy From Brown To Plyler, Nicholas Espíritu

St. John's Law Review

(Excerpt)

Judicial review has often been cast in terms of democratic legitimacy. Democratic legitimacy is often linked to whether it institutes the will of the people through majoritarian rule and whether it creates processes for reevaluation of these prior decisions by newly constituted majorities. Judicial review of majoritarian decisions has often been criticized as a overriding or circumventing of these democratic processes. Beginning with Brown v. Board of Education, the Warren Court adopted a resolution of the “counter-majoritarian difficulty” of judicial review by tacitly accepting Justice Stone’s formulation from footnote four of United States v. Carolene Products and engaging …


Opening Remarks, Shoba Sivaprasad Wadhia 2023 St. John's University School of Law

Opening Remarks, Shoba Sivaprasad Wadhia

St. John's Law Review

(Excerpt)

Thank you. I am honored to be here. And there is no more fitting way to honor Michael than around the 40th anniversary of Plyler v. Doe.

This case centered on Texas statute § 21.031, which on its face, permitted the local school districts to exclude noncitizen children who entered the United States without immigration status or to charge admission for the same. The questions before the Court were: (1) whether a noncitizen under the statute who is present in the state without legal status is a “person” and therefore in the jurisdiction of the state within the meaning …


A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center for Ethics in the Practice of Law 2023 Yeshiva University, Cardozo School of Law

A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law

Event Invitations 2023

Join the Burns Center for a conversation on the Supreme Court with Adam Liptak, who is considered one of the most highly regarded legal affairs journalists in the country. He will be joined by two distinguished Cardozo law professors, Jessica Roth and Alexander Reinert. They will discuss current ethical issues surrounding the court, challenges to the court's legitimacy and upcoming and recently decided cases on issues such as abortion rights, gun regulations, same sex marriage and more.


A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center for Ethics in the Practice of Law 2023 Yeshiva University, Cardozo School of Law

A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law

Flyers 2023-2024

No abstract provided.


Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley 2023 DePaul University College of Law

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.


Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom 2023 DePaul University College of Law

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.


Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker 2023 California State University, Northridge

Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker

DePaul Business & Commercial Law Journal

No abstract provided.


Ethics At The Speed Of Business, James A. Doppke Jr. 2023 Robinson, Stewart, Montgomery & Doppke, LLC (RSMD, LLC)

Ethics At The Speed Of Business, James A. Doppke Jr.

DePaul Business & Commercial Law Journal

This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.


Welcome Address, Lauren McKenzie 2023 DePaul University

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter, 2023 DePaul University

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.


Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit 2023 Portland State University

Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit

University Honors Theses

On any given day in Oregon, hundreds of people charged with a crime do not have an attorney to represent them. Many of these people are in custody, and some face charges as serious as murder. How did our public defense system reach the point of crisis? What can be done about it? This paper provides a general overview of the right to counsel nationally before narrowing the focus to the state of Oregon. Using scholarly articles, historical documents, footnotes, meeting transcripts, and interviews, I explore the beginnings of court-appointed counsel in Oregon, and document how it has grown and …


Legal Clutter: How Concurring Opinions Create Unnecessary Confusion And Encourage Litigation, Meg Penrose 2023 Texas A&M University School of Law

Legal Clutter: How Concurring Opinions Create Unnecessary Confusion And Encourage Litigation, Meg Penrose

Faculty Scholarship

Good judges are clear writers. And clear writers avoid legal clutter. Legal clutter occurs when judges publish multiple individually written opinions that are neither useful nor necessary. This essay argues that concurring opinions are the worst form of legal clutter. Unlike majority opinions, concurring opinions are legal asides, musings of sorts—often by a single judge—that add length and confusion to an opinion often without adding meaningful value. Concurring opinions do not change the outcome of a case. Unlike dissenting opinions, they do not claim disagreement with the ultimate decision. Instead, concurring opinions merely offer an idea or viewpoint that failed …


Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes, Eloise Melcher 2023 University of Maine School of Law

Five Times More Likely: Haaland V. Brackeen And What It Could Mean For Maine Tribes, Eloise Melcher

Maine Law Review

In the 1970s Native activists realized that states were removing Native children from their families at disproportional rates when compared to non-Native children. The activists pushed for the enactment of the Indian Child Welfare Act, which became law in 1978. The law increases the burden on states before Native children can be taken from their families. As part of a larger movement to attack the Equal Protection Clause in the courts, Haaland v. Brackeen reached the Supreme Court in 2022. The plaintiffs in Brackeen argue that the Indian Child Welfare Act is unconstitutional for a variety of reasons, including that …


Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman 2023 Roger Williams University School of Law

Law School News: Dean Bowman On The Scotus Admissions Decision 6-29-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.


Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin 2023 William & Mary Law School

Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin

Popular Media

No abstract provided.


Four Maurer School Of Law Students Selected As 2023 Stevens Fellows, James Owsley Boyd 2023 Maurer School of Law: Indiana University

Four Maurer School Of Law Students Selected As 2023 Stevens Fellows, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Four Indiana Law students have been selected as Stevens Fellows, the John Paul Stevens Foundation accounced today (June 20). Selection as a Stevens Fellow allows students to receive critical financial support while participating in unpaid summer legal internships serving the public interest.

Named after the late U.S. Supreme Court Justice, the John Paul Stevens Foundation is dedicated to promoting public interest and social justice values in the next generation of American lawyers.


“You Don’T Bring Me Flowers Anymore”: President Clinton, Paula Jones, And Why Courts Should Expand The Definition Of “Adverse Employment Action” Under Title Vii’S Anti-Retaliation Provision, Lawrence Rosenthal 2023 St. John's University School of Law

“You Don’T Bring Me Flowers Anymore”: President Clinton, Paula Jones, And Why Courts Should Expand The Definition Of “Adverse Employment Action” Under Title Vii’S Anti-Retaliation Provision, Lawrence Rosenthal

St. John's Law Review

(Excerpt)

Anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act (“ADEA”) prohibit discrimination based on individuals’ protected characteristics. In addition to prohibiting this type of status-based discrimination, these statutes also prohibit employers from retaliating against employees who assert their rights under the statutes or who assist others in asserting their rights.

Over the past several years, retaliation charges filed with the Equal Employment Opportunity Commission (“EEOC”) have made up an increasingly high percentage of all charges filed with the agency. Specifically, …


The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders 2023 Texas Southern University Thurgood Marshall School of Law

The New Dread, Part Ii: The Judicial Overthrow Of The Reasonableness Standard In Police Shooting, Kindaka J. Sanders

Cleveland State Law Review

This Article series argues that the Supreme Court’s jurisprudence on excessive force from Graham v. Connor to the present has undermined the objectivity of the reasonableness standard. In its place, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law and order, increased police discretion, and the deconstruction of the Warren Court’s expansion of civil rights and civil liberties. Indeed, the Court, dominated by law-and-order conservatives, is one of the greatest triumphs of conservatism. Modern conservatism developed as a backlash against various social movements like the Civil Rights Movement and spontaneous urban rebellions during …


In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving, Julian Gilbert 2023 Cleveland State University College of Law

In Pursuit Of A Modern Standard: The Constitutional Proportions Of Collateral Harm From Pursuits And Police High-Speed Driving, Julian Gilbert

Cleveland State Law Review

Police chases and high-speed driving are common practices that pose a substantial amount of harm and are often unjustified. The benefits of such chases are questionable, and rapid police action at all costs is often unnecessary. When bystanders are injured as a result of police high-speed driving, there are few avenues to have their rights vindicated, and federal court cases require plaintiffs to meet an almost impossible burden. However, under the United States Supreme Court case of County of Sacramento v. Lewis, a plaintiff can put forth evidence that their substantive due process right to life under the Fourteenth …


Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus 2023 Seattle Pacific University

Abort The Court? How Abortion Jurisprudence Has Highlighted Questions Surrounding The Legitimacy Of The Supreme Court, Junia E. Paulus

Honors Projects

The Supreme Court is often viewed with awe and the justices treated with reverence. It is the highest court in the United States, tasked with interpreting the law. But is the Supreme Court the neutral arbiter of justice it purports to be? Most recently, the 2022 ruling on Dobbs v. Jackson Women’s Health Organization overturned the fifty-year precedent of Roe v. Wade, causing the Court to face increasing scrutiny and questions of its legitimacy. I conduct a philosophical analysis of the arguments made by the justices in the opinions on Roe v. Wade, Planned Parenthood v. Casey, and …


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