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5,218 full-text articles. Page 7 of 148.

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo 2019 St. Mary's University School of Law

The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo

St. Mary's Law Journal

Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for ...


Don't Delete That Tweet: Federal And Presidential Records In The Age Of Social Media, Gabriel M. A. Elorreaga 2019 St. Mary's University School of Law

Don't Delete That Tweet: Federal And Presidential Records In The Age Of Social Media, Gabriel M. A. Elorreaga

St. Mary's Law Journal

Statutes governing preservation of presidential records must be adapted to accommodate presidents’ evolving use of social media accounts. The Freedom of Information Act is meant to promote government transparency, and subjects governmental agencies to information requests from members of the public. However, as it relates to social media records, the problem is one of volume; are the means of preservation currently in place able to adequately address the vast amount of records created by a President’s use of social media? This Comment argues that they are not, although they do provide a useful basis for how to adapt record ...


Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar 2019 University of Southern California

Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar

Pace Law Review

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First ...


2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School of Law 2019 Roger Williams University

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome 2019 Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) & Dickinson School of Law, Pennsylvania State University

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Dermot M Groome

The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution ...


Original Meaning And The Death Penalty, John Stinneford 2019 University of St. Thomas, Minnesota

Original Meaning And The Death Penalty, John Stinneford

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Prosecuting A Capital Case, Jeff Thomson 2019 University of St. Thomas, Minnesota

Prosecuting A Capital Case, Jeff Thomson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Death Penalty: A Dialogue On Morality And The Law: Remarks By Steve Kaplan, Steve Kaplan 2019 University of St. Thomas, Minnesota

The Death Penalty: A Dialogue On Morality And The Law: Remarks By Steve Kaplan, Steve Kaplan

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Death Penalty: A Dialogue On Morality And The Law: Remarks By Jeanne Bishop, Jeanne Bishop 2019 University of St. Thomas, Minnesota

The Death Penalty: A Dialogue On Morality And The Law: Remarks By Jeanne Bishop, Jeanne Bishop

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes 2019 Montclair State University

Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes

Cary Federman

The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we will ...


Habeas Corpus In The Age Of Guantánamo, Cary Federman 2019 Montclair State University

Habeas Corpus In The Age Of Guantánamo, Cary Federman

Cary Federman

The purpose of the article is to examine the meaning of habeas corpus in the age of the war on terror and the detention camps at Guantanamo Bay. Since the war on terror was declared in 2001, the writ has been invoked from quarters not normally considered within the federal courts’ domain. In this article, I set out to do two things: first, I provide an overview of the writ’s history in the United States and explain its connection to federalism and unlawful executive detention. I then set out to bridge the two meanings of habeas corpus. Second, then ...


The Administrative Law Of Deregulation: The Long Road For The Trump Administration To Undo Obama-Era Regulations, Daniel A. Lyons 2019 Boston College Law School

The Administrative Law Of Deregulation: The Long Road For The Trump Administration To Undo Obama-Era Regulations, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia 2019 Penn State Dickinson Law

Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia

Dickinson Law Review

No abstract provided.


Creative Lawyering For Social Change, Raymond H. Brescia 2019 Albany Law School

Creative Lawyering For Social Change, Raymond H. Brescia

Georgia State University Law Review

Lawyers have long played an integral part in efforts to bring about social change. With an increasing desire to see change in the world, regardless of one’s political perspective, there is a growing interest in understanding the role that lawyers can play in bringing about such change. This type of lawyering is complex, however, and faces far more challenges than those the traditional lawyer faces in his or her work. Although all lawyers solve problems on behalf of their clients, the role of the social-change lawyer is more complex because the problems she seeks to address are more complex ...


Mr. Try-It Goes To Washington: Law And Policy At The Agricultural Adjustment Administration, Daniel R. Ernst 2019 Georgetown University Law Center

Mr. Try-It Goes To Washington: Law And Policy At The Agricultural Adjustment Administration, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

In December 1933, Jerome Frank, the general counsel of the Agricultural Adjustment Administration but better for writing Law and the Modern Mind (1930), a sensational attack on legal formalism, told an audience at the Association of American Law Schools a parable about two lawyers in the New Deal, each forced to interpret same, ambiguous statutory language. The first lawyer, “Mr. Absolute,” reasoned from the text and canons of statutory interpretation without regard for the desirability of the outcome. “Mr. Try-It,” in contrast, began with the outcome he thought desirable. He then said to himself, “The administration is for it, and ...


Pastors And Politics: Considerations For Missional Church Leaders Addressing Political Matters, Matthew Stinson 2019 Pepperdine University

Pastors And Politics: Considerations For Missional Church Leaders Addressing Political Matters, Matthew Stinson

Seaver College Research And Scholarly Achievement Symposium

We live in a politically divided time. Long-standing questions about the political role of the church have taken on a renewed interest for American Christians who see this political divide widening and have trouble reconciling their beliefs with the platforms of either major party. How ought Church leaders, seeking to lead missional congregations, speak to our current political context?

This paper lays out a framework for political engagement by missional Church leaders. It first offers a definition of a missional church and a missional church leader. Second, it surveys some of the various approaches to Church and State relations in ...


Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala 2019 University of Haxhi Zeka

Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala

International Journal on Responsibility

The principle of the rule of law is one of the most important and essential principles for any state and for democratic society. Its fullest realization in everyday life is the best guarantee for development of democracy and recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. The well-known countries of Western democracies have long established a rich and valuable legacy in this regard. When exploring the contours and details about establishing the rule ...


International Criminal Responsibility In Kosovo: Establishment Of The International Criminal Court – De Lege Lata, De Lege Ferenda, Mujë Ukaj, Qendresa Jasharaj 2019 University of Haxhi Zeka

International Criminal Responsibility In Kosovo: Establishment Of The International Criminal Court – De Lege Lata, De Lege Ferenda, Mujë Ukaj, Qendresa Jasharaj

International Journal on Responsibility

The Special Court of Kosovo (Kosovo Specialist Chambers and Specialist Prosecutor's Office) with headquarters in The Hague, is one of the biggest problems Kosovo faced since the declaration of independence. This topic has been treated very little in scientific terms, while in the media it is written very much, calling it harmful to Kosovo, and even had opinions that it is a racist court since the same will initially only judge the KLA (Kosovo Liberation Army) members for alleged war crimes in Kosovo. The Special Court of Kosovo is presented as a sui generis case in the practice of ...


Breaking The Prison-Jihadism Pipeline: Prison And Religious Extremism In The War On Terror, Gabriel Rubin 2019 Montclair State University

Breaking The Prison-Jihadism Pipeline: Prison And Religious Extremism In The War On Terror, Gabriel Rubin

Gabriel Rubin

No abstract provided.


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