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Survey Of Washington Search And Seizure Law: 2019 Update, Justice Charles W. Johnson, Justice Debra L. Stephens 2019 Seattle University School of Law

Survey Of Washington Search And Seizure Law: 2019 Update, Justice Charles W. Johnson, Justice Debra L. Stephens

Seattle University Law Review

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and ...


The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley 2019 Seattle University School of Law

The Character Of The Business: Looking Through "Broken Windows" For Liability In Mass Shootings & Other Third-Party Criminal Acts, Madison Shepley

Seattle University Law Review

Mass violence and third-party criminal acts are increasing in prevalence, and Washington State's current prior incidents liability analysis does not fully address public policy concerns of safety. This Comment argues for an expansive standard of the definition of character of the business that incorporates a sociological understanding of the effects of an atmosphere of crime. It provides an overview of the various state analyses for determining liability for third-party criminal conduct and breaks down how states have incorporated the concept of character of the business as a factor in liability analysis, ultimately turning to a discussion of how the ...


Law Matters -- Less Than We Thought, Daniel M. Klerman, Holger Spamann 2019 USC Law School

Law Matters -- Less Than We Thought, Daniel M. Klerman, Holger Spamann

University of Southern California Legal Studies Working Paper Series

In a pre-registered 2×2×2 factorial between-subject randomized lab experiment with 61 federal judges, we test if the law influences judicial decisions, if it does so more under a rule than under a standard, and how its influence compares to that of legally irrelevant sympathies. The judges were given realistic materials and a relatively long period of time (50 minutes) to decide a run-of-the-mill auto accident case. We find weak evidence for the law effect, stronger evidence that rules constrain more than standards, and no evidence of a sympathy effect. Unexpectedly, we find that judges were more likely to ...


Regulating White Desire, Reginald Oh 2019 Cleveland-Marshall College of Law, Cleveland State University

Regulating White Desire, Reginald Oh

Reginald Oh

This Article contends that segregationist justifications for miscegenation and segregation laws shows that those laws effectively imposed a legal duty on whites to adhere to cultural norms of endogamy. Dominant social groups enforce rules of endogamy⁠—the cultural practice of encouraging people to marry within their own social group⁠—to protect the dominant status of their individual members and of the social group in general. Thus, laws prohibiting interracial marriages regulated white desire in order to protect the dominant status of whites as a group. The Loving Court, therefore, ultimately was correct in declaring that miscegenation laws denied blacks equal ...


Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang 2019 University of Pennsylvania Law School

Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23. We find that the partisan composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with ...


Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters 2019 University of Pennsylvania Law School

Agenda-Setting In The Regulatory State: Theory And Evidence, Cary Coglianese, Daniel E. Walters

Daniel Walters

Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but they have received remarkably little attention by either administrative law scholars or social scientists who study the bureaucracy. Existing research offers few insights about the institutions, norms, and inputs that shape and constrain agency discretion over their agendas or about the strategies that officials employ in choosing to elevate certain issues while putting others on the back burner. In this article, we advance the study of ...


Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara McIsaac 2019 University of Miami Law School

Domestic Evolution: Amending The United States Refugee Definition Of The Ina To Include Environmentally Displaced Refugees, Barbara Mcisaac

University of Miami Race & Social Justice Law Review

No abstract provided.


Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear 2019 University of Miami Law School

Vawa Reauthorization Of 2013 And The Continued Legacy Of Violence Against Indigenous Women: A Critical Outsider Jurisprudence Perspective, Luhui Whitebear

University of Miami Race & Social Justice Law Review

No abstract provided.


What We Can Do Now? Addressing Intersectionality Challenges In Work And Social Structures, The Single Academic Woman Of Color As An Exceptional Case, Loretta A. Moore, Angela Mae Kupenda, Deidre L. Wheaton, Michelle D. Deardorff, Evelyn J. Leggette 2019 Jackson State University

What We Can Do Now? Addressing Intersectionality Challenges In Work And Social Structures, The Single Academic Woman Of Color As An Exceptional Case, Loretta A. Moore, Angela Mae Kupenda, Deidre L. Wheaton, Michelle D. Deardorff, Evelyn J. Leggette

University of Miami Race & Social Justice Law Review

No abstract provided.


Interest Convergence And The Extension Of U.S. Citizenship To Puerto Rico, Charles R. Venator-Santiago 2019 University of Connecticut

Interest Convergence And The Extension Of U.S. Citizenship To Puerto Rico, Charles R. Venator-Santiago

University of Miami Race & Social Justice Law Review

No abstract provided.


Good Parents: The Homonormative Appropriation Of Children Of Color, Cassandra Hall 2019 University of Miami Law School

Good Parents: The Homonormative Appropriation Of Children Of Color, Cassandra Hall

University of Miami Race & Social Justice Law Review

No abstract provided.


Frand And Antitrust, Herbert J. Hovenkamp 2019 University of Pennsylvania Law School

Frand And Antitrust, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

This paper considers when a patentee’s violation of a FRAND commitment also violates the antitrust laws. It warns against two extremes. First, is thinking that any violation of a FRAND obligation is an antitrust violation as well. FRAND obligations are contractual, and most breaches of contract do not violate antitrust law. The other extreme is thinking that, because a FRAND violation is a breach of contract, it cannot also be an antitrust violation.

Every antitrust case must consider the market environment in which conduct is to be evaluated. SSOs operated by multiple firms are joint ventures. Antitrust’s role ...


Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez-Martínez 2019 Tulane University School of Law

Foreword To Latcrit 2017 Symposium: What’S Next? Resistance Resilience And Community In The Trump Era, Saru M. Matambanadzo, Jorge R. Roig, Sheila I. Vélez-Martínez

University of Miami Race & Social Justice Law Review

No abstract provided.


After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne 2019 University of Pennsylvania Law School

After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne

Faculty Scholarship at Penn Law

While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.

Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of ...


On Juror Decision Making: An Empathic Inquiry, Dan Simon 2019 USC Gould School of Law

On Juror Decision Making: An Empathic Inquiry, Dan Simon

University of Southern California Legal Studies Working Paper Series

This review examines the workings of jurors deciding criminal cases. It seeks not to commend or condemn jury decision making but rather to offer an empathic exploration of the task that jurors face in exercising their fact-finding duty. Reconstructing criminal events in the courtroom amounts to a difficult feat under the best of circumstances. The task becomes especially complicated under the taxing conditions of criminal adjudication: the often substandard evidence presented in court; the paucity of the investigative record; types of evidence that are difficult to decipher; the unruly decision-making environment of the courtroom; and mental gymnastics required to meet ...


The Past, Present, And Future Of Rural Northern New England: A Study Of The Demographics Crisis And How It Affects The Rural Lawyer Shortage, Christopher Chavis 2019 University of Maine School of Law

The Past, Present, And Future Of Rural Northern New England: A Study Of The Demographics Crisis And How It Affects The Rural Lawyer Shortage, Christopher Chavis

Maine Law Review

Like most of rural America, Northern New England is facing a shortage of lawyers in its rural spaces. The three states are facing an aging bar and demographic trends that indicate that this will only continue. The situation is already dire. The Northern New England states currently rank among the oldest states in the country and there are counties where young lawyers are an almost extinct species. The current trends are not unprecedented. As one of the first areas to industrialize, New England saw its young people leave the countryside early and start to flock to growing cities. As the ...


Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero 2019 University of Maine School of Law

Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero

Maine Law Review

Rural areas throughout the country, including those in Maine, are beginning to navigate the challenges and benefits of burgeoning communities of color. District Attorneys’ offices in the state, however, have done little to prepare for this major demographic shift. Maine district attorneys must expand their understanding of their duties to do justice and assure access to justice by better serving rural Mainers of color. While a number of scholars have focused on the legal challenges communities of color face in urban environments as well as those faced by what have been presumed to be White communities in rural areas, this ...


Rural Practice As Public Interest Work, Hannah Haksgaard 2019 University of Maine School of Law

Rural Practice As Public Interest Work, Hannah Haksgaard

Maine Law Review

As the rural lawyer shortage continues to grow, rural states and communities must find new ways of attracting law students and graduates to rural practice. This Article explores incentives based on conceptualizing rural private practice as public interest work. Rural lawyers provide public interest lawyering through pro bono cases, mixed practices, community service, and even through providing fee-paid services in rural communities. The Article asserts that law schools and rural communities can capitalize on this view to recruit new lawyers and argues that federal loan forgiveness programs should be expanded to cover rural lawyers.


Foreword, Mac Walton Editor-in-Chief 2019 University of Maine School of Law

Foreword, Mac Walton Editor-In-Chief

Maine Law Review

No abstract provided.


Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans 2019 Kings College, London

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal on Sexual Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."


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