Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 37

Full-Text Articles in Public Law and Legal Theory

The Legal Foundations Of White Supremacy, Erika Wilson Aug 2018

The Legal Foundations Of White Supremacy, Erika Wilson

DePaul Journal for Social Justice

No abstract provided.


Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren Aug 2018

Hidden In Plain View: Juries And The Implicit Credibility Given To Police Testimony, Jonathan M. Warren

DePaul Journal for Social Justice

No abstract provided.


Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen Aug 2018

Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen

DePaul Journal for Social Justice

No abstract provided.


Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron Aug 2018

Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron

DePaul Journal for Social Justice

No abstract provided.


“I Made A Huge Mistake With My Life” – The Harms Of Prostitution As Mis-Reflected In Israeli Law, Gal Amir, Shulamit Almog Aug 2018

“I Made A Huge Mistake With My Life” – The Harms Of Prostitution As Mis-Reflected In Israeli Law, Gal Amir, Shulamit Almog

DePaul Journal for Social Justice

No abstract provided.


Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby Aug 2018

Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby

The Scholar: St. Mary's Law Review on Race and Social Justice

On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.

There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply ...


Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon Aug 2018

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu Aug 2018

Georgia State Law Review Symposium Keynote Address: Uncovering Forensic Flaws - An Outside Perspective, Spencer S. Hsu

Georgia State University Law Review

This transcript is a reproduction of the Keynote Address by Spencer Hsu at the 2017–2018 Georgia State University Law Review Symposium — From the Crime Scene to the Court room: The Future of Forensic Science Reform — on April 6, 2018.

Spencer Hsu is an investigative reporter at the Washington Post, a two-time Pulitzer Prize finalist, and a national Emmy Award nominee.


Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley Jun 2018

Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley

Texas A&M Law Review

This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather ...


A Review Of Various Actions By The Federal Bureau Of Investigation And Department Of Justice In Advance Of The 2016 Election, Office Of The Inspector General, U.S. Department Of Justice May 2018

A Review Of Various Actions By The Federal Bureau Of Investigation And Department Of Justice In Advance Of The 2016 Election, Office Of The Inspector General, U.S. Department Of Justice

U.S. Department of Justice Publications and Materials

The Department of Justice (Department) Office of the Inspector General (OIG) undertook this review of various actions by the Federal Bureau of Investigation (FBI) and Department in connection with the investigation into the use of a private email server by former Secretary of State Hillary Clinton. Clinton served as Secretary of State from January 21, 2009, until February 1, 2013, and during that time used private email servers hosting the @clintonemail.com domain to conduct official Department of State (State Department) business. In 2014, in response to a request from the State Department to Clinton for “copies of any Federal ...


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing May 2018

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr. Apr 2018

Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr.

Maine Law Review

The Second Annual Frank M. Coffin Lecture on Law and Public Service was held on October 7, 1993. Professor Arthur M. Schlesinger, Jr. presented "Multiculturalism and the Bill of Rights."


The Beginning Of The End: Implications Of Violating Userra, Jessica Vasil Mar 2018

The Beginning Of The End: Implications Of Violating Userra, Jessica Vasil

DePaul Journal for Social Justice

No abstract provided.


Legislative, Executive, And Judicial Shaping Of The Foreign Intelligence Surveillance Act (Fisa) And The Need For A Cleared Federal Public Defender, Max W. Rerucha Mar 2018

Legislative, Executive, And Judicial Shaping Of The Foreign Intelligence Surveillance Act (Fisa) And The Need For A Cleared Federal Public Defender, Max W. Rerucha

DePaul Journal for Social Justice

No abstract provided.


A Treatise On International Development Law, David H. Lempert Mar 2018

A Treatise On International Development Law, David H. Lempert

DePaul Journal for Social Justice

No abstract provided.


Lost In Trans*-Lation: Why Title Vii Jurisprudence Fails To Address Issues Of Gender Identity In Employment Discrimination Litigation, Samantha Grund-Wickramasekera Mar 2018

Lost In Trans*-Lation: Why Title Vii Jurisprudence Fails To Address Issues Of Gender Identity In Employment Discrimination Litigation, Samantha Grund-Wickramasekera

DePaul Journal for Social Justice

No abstract provided.


The Detainment Of Families: Moral Implications Lacking In Legal Justifications, Stephanie Costa Mar 2018

The Detainment Of Families: Moral Implications Lacking In Legal Justifications, Stephanie Costa

DePaul Journal for Social Justice

No abstract provided.


The Dilemma Of Judicial Appointment In Egypt Questions Of Gender Equality, Elimination Of Political Opposition And Underprivileged Citizens, Shams Al Din Al Hajjaji Mar 2018

The Dilemma Of Judicial Appointment In Egypt Questions Of Gender Equality, Elimination Of Political Opposition And Underprivileged Citizens, Shams Al Din Al Hajjaji

DePaul Journal for Social Justice

No abstract provided.


Letter From The Editors, Editorial Board Mar 2018

Letter From The Editors, Editorial Board

DePaul Journal for Social Justice

No abstract provided.


Table Of Contents, Editorial Board Mar 2018

Table Of Contents, Editorial Board

DePaul Journal for Social Justice

No abstract provided.


The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne Jacobs Feb 2018

The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne Jacobs

Law Publications

In this study, the author analyzes, comparatively, the administrative governance functions of legislation that provides accessibility standards in six jurisdictions that also offer legal protection from discrimination to people with disabilities: Australia, the United Kingdom, the United States and the Canadian provinces of Ontario, Manitoba and Nova Scotia. The following governance functions were examined: a) creating accessibility standards, b) enforcing accessibility standards, c) enforcing decisions,d) encouraging compliance, e) raising public awareness (and promoting systemic culture change) and f) public education. The study was conducted with a view to understanding how human rights laws, principles and values can be used ...


The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne A. Jacobs Feb 2018

The Interplay Between Human Rights And Accessibility Laws: Lessons Learned And Considerations For The Planned Federal Accessibility Legislation, Laverne A. Jacobs

Laverne Jacobs

In this study, the author analyzes, comparatively, the administrative governance functions of legislation that provides accessibility standards in six jurisdictions that also offer legal protection from discrimination to people with disabilities: Australia, the United Kingdom, the United States and the Canadian provinces of Ontario, Manitoba and Nova Scotia. The following governance functions were examined: a) creating accessibility standards, b) enforcing accessibility standards, c) enforcing decisions,d) encouraging compliance, e) raising public awareness (and promoting systemic culture change) and f) public education. The study was conducted with a view to understanding how human rights laws, principles and values can be used ...


Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program Jan 2018

Fulfilling U.S. Commitment To Refugee Resettlement: Protecting Refugees, Preserving National Security, & Building The U.S. Economy Through Refugee Admissions, Harvard Immigration And Refugee Clinical Program

Texas A&M Law Review

At a time when the U.S. refugee admissions program is under serious threat and the world’s displaced population is at its highest, this Report sets forth extensive recommendations regarding the United States’ role in protecting vulnerable refugees and compliance with its commitments under domestic and international law that together safeguard people fleeing persecution and fearing return to torture. The Report also identifies key national security reasons for supporting and enhancing the refugee program in keeping with U.S. foreign policy priorities. Additionally, the Report provides an in-depth discussion of the robust, multistep security-assessment mechanisms already in place for ...


Isolation Of Mitochondrial Dna From Single, Short Hairs Without Roots Using Pressure Cycling Technology, Kathryn A. Harper, Kelly A. Meiklejohn, Richard T. Merritt, Jessica Walker, Constance L. Fisher, James M. Robertson Jan 2018

Isolation Of Mitochondrial Dna From Single, Short Hairs Without Roots Using Pressure Cycling Technology, Kathryn A. Harper, Kelly A. Meiklejohn, Richard T. Merritt, Jessica Walker, Constance L. Fisher, James M. Robertson

U.S. Department of Justice Publications and Materials

Hairs are commonly submitted as evidence to forensic laboratories, but standard nuclear DNA analysis is not always possible. Mitochondria (mt) provide another source of genetic material; however, manual isolation is laborious. In a proof-of-concept study, we assessed pressure cycling technology (PCT; an automated approach that subjects samples to varying cycles of high and low pressure) for extracting mtDNA from single, short hairs without roots. Using three microscopically similar donors, we determined the ideal PCT conditions and compared those yields to those obtained using the traditional manual micro-tissue grinder method. Higher yields were recovered from grinder extracts, but yields from PCT ...


A Review And Conceptual Model Of Factors Correlated With Postmortem Root Band Formation, Joseph Donfack, Hilda S. Castillo Jan 2018

A Review And Conceptual Model Of Factors Correlated With Postmortem Root Band Formation, Joseph Donfack, Hilda S. Castillo

U.S. Department of Justice Publications and Materials

It is generally accepted within the forensic trace evidence community that a postmortem root band (PMRB) can appear in the root of hairs attached to remains during decomposition. Presently, the specific sequences of events and/or exact molecular signals that lead to the formation of a PMRB are not well understood. The published literature addressing the abiotic and biotic factors that correlate with the formation of PMRBs is reviewed and a conceptual model for the formation of PMRBs is proposed.


Science‐Based Interviewing: Information Elicitation, Susan E. Brandon, Simon Wells, Colton Seale Jan 2018

Science‐Based Interviewing: Information Elicitation, Susan E. Brandon, Simon Wells, Colton Seale

U.S. Department of Justice Publications and Materials

This article describes an ethical and effective science‐based model of interviewing. An initial planning phase assists the investigative team in separating facts from inferences, decreases the likelihood of errors based on cognitive biases, and prompts careful preparation of the environment. The interview begins with an explanation of why the subject is being questioned. The interviewer then metaphorically hands the interview over to the subject, making him the talker and the interviewer the listener. The interviewer engages in active listening, soliciting as much information from the subject as possible by deploying tactics that enhance memory based on science, including elements ...


Criminal Thinking, Psychiatric Symptoms, And Recovery Attitudes Among Community Mental Health Patients, Nicole R. Bartholomew, Robert D. Morgan, Sean M. Mitchell, Stephanie A. Van Horn Jan 2018

Criminal Thinking, Psychiatric Symptoms, And Recovery Attitudes Among Community Mental Health Patients, Nicole R. Bartholomew, Robert D. Morgan, Sean M. Mitchell, Stephanie A. Van Horn

U.S. Department of Justice Publications and Materials

Research suggests it is important to consider criminogenic needs among individuals with severe mental illness. This study aimed to determine the severity of criminal thinking in community-based clinical samples, understand the association between criminal thinking and psychiatric and criminal justice outcomes, and compare these associations between consumers enrolled in Assertive Community Treatment (ACT) and Forensic Assertive Community Treatment (FACT) programs. Participants (N = 234) were male and female consumers enrolled in ACT and FACT programs in five states. Results revealed no significant differences in criminal thinking when comparing participants by program type or history of criminal justice involvement. There were significant ...


Integration Of Paper Spray Ionization High‐Field Asymmetric Waveform Ion Mobility Spectrometry For Forensic Applications, Chia-Wei Tsai, Christopher A. Tipple, Richard A. Yost Jan 2018

Integration Of Paper Spray Ionization High‐Field Asymmetric Waveform Ion Mobility Spectrometry For Forensic Applications, Chia-Wei Tsai, Christopher A. Tipple, Richard A. Yost

U.S. Department of Justice Publications and Materials

Rationale: Paper spray ionization (PSI) is an attractive ambient ionization source for mass spectrometry (MS) since it allows the combination of surface sampling and ionization. The minimal sample preparation inherent in this approach greatly reduces the time needed for analysis. However, the ions generated from interfering compounds in the sample and the paper substrate may interfere with the analyte ions. Therefore, the integration of PSI with high‐field asymmetric ion mobility spectrometry (FAIMS) is of significant interest since it should reduce the background ions entering the mass analyzer without complicating the analysis or increasing analysis time. Here we demonstrate the ...


Development And Validation Of A Solid Phase Extraction Sample Cleanup Procedure For The Recovery Of Trace Levels Of Nitro-Organic Explosives In Soil, Jennifer L. Thomas, Christopher C. Donnelly, Erin W. Lloyd, Robert F. Mothershead Ii, Mark L. Miller Jan 2018

Development And Validation Of A Solid Phase Extraction Sample Cleanup Procedure For The Recovery Of Trace Levels Of Nitro-Organic Explosives In Soil, Jennifer L. Thomas, Christopher C. Donnelly, Erin W. Lloyd, Robert F. Mothershead Ii, Mark L. Miller

U.S. Department of Justice Publications and Materials

An improved cleanup method has been developed for the recovery of trace levels of 12 nitro-organic explosives in soil, which is important not only for the forensic community, but also has environmental implications. A wide variety of explosives or explosive-related compounds were evaluated, including nitramines, nitrate esters, nitroaromatics, and a nitroalkane. Fortified soil samples were extracted with acetone, processed via solid phase extraction (SPE), and then analyzed by gas chromatography with electron capture detection. The following three SPE sorbents in cartridge format were compared: EmporeTM SDB-XC, Oasis HLB, and Bond Elut NEXUS cartridges. The NEXUS cartridges provided the best ...


Potential Effects Of Ionizing Radiation On The Evidentiary Value Of Dna, Latent Fingerprints, Hair, And Fibers: A Comprehensive Review And New Results, Keith L. Monson, Sherine Ali, Michael D. Brandhagen, Martine C. Duff, Constance L. Fisher, Karen K. Lowe, Carna E. Meyer, Maria A. Roberts, Kyle R. Tom, Aaron L. Washington Ii Jan 2018

Potential Effects Of Ionizing Radiation On The Evidentiary Value Of Dna, Latent Fingerprints, Hair, And Fibers: A Comprehensive Review And New Results, Keith L. Monson, Sherine Ali, Michael D. Brandhagen, Martine C. Duff, Constance L. Fisher, Karen K. Lowe, Carna E. Meyer, Maria A. Roberts, Kyle R. Tom, Aaron L. Washington Ii

U.S. Department of Justice Publications and Materials

An extensive literature review and new post-irradiation experimental results are presented of genotyping blood stains and hair, and physical examinations of latent fingerprints, hairs, and fibers. Results indicate that successful development of nuclear short tandem repeat (STR) and mitochondrial DNA sequence profiles from human blood and hair evidence is possible—up to a point—following exposure to gamma, neutron, beta, and alpha radiation at several levels that would most likely be present at this type of crime scene (i.e., a “dirty bomb,” etc.). Commencing at gamma radiation levels between 90 and 900 kGy, DNA analysis using conventional DNA techniques ...