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A Common Enterprise: Law And The Connection Between Civil And Heavenly Realms In The Writings Of John Calvin, Kenneth L. Townsend 2019 Institute for Civic and Professional Engagement, Millsaps College

A Common Enterprise: Law And The Connection Between Civil And Heavenly Realms In The Writings Of John Calvin, Kenneth L. Townsend

Concordia Law Review

The common ends that once united spiritual and civil realms have been privatized as those ends have come to be seen as controversial and plural, rather than unifying and common. Acknowledging the diversity of ends resulted in increased attention to uniform rules. Since there was no longer agreement about what teloi mattered for society, law gradually lost its aspirational features and became simply a way to limit and punish uncivil and criminal behavior.

The formal separation, but ultimate unity, of civil and heavenly spheres, of norm with vision, articulated by Calvin, allowed him to be both idealistic and realistic about ...


The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt 2019 Cedarville University

The President, Foreign Policy, And War Powers: A Survey On The Expansion And Setbacks Of Presidential Power, Michael W. Wilt

Channels: Where Disciplines Meet

How powerful is the President of the United States in the arena of foreign policy? This question has opened many discussions, and hotly contested debates as to the extent of the president’s actual power. To make matters more complicated, the United States’ foreign policy has developed and evolved over the course of the United States’ more than two-hundred years history. These foreign policy concerns and international conflicts have mired the presidency into debates and consistent trials over the constitutional extent of the presidency, specifically concerning presidential war powers. Moreover, the Presidents have varied in their approaches to each of ...


A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler 2019 Bellarmine University

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.


Disruptive Leadership In Legal Education, Nicholas A. Mirkay, Palma Joy Strand 2019 University of Richmond

Disruptive Leadership In Legal Education, Nicholas A. Mirkay, Palma Joy Strand

Richmond Public Interest Law Review

Legal education and the legal profession are ripe for disruption. The crisis in legal education reflects an increasing mismatch between the limited services that the law and lawyers provide and the vast and acute societal need for legal services. The structure of academia generally and legal academia in particular, however, serves as an obstacle to the disruptive leadership that can initiate necessary adaptation. Here, we discuss our own experience with disruptive leadership and the backlash we received, as well as the risks of failing to embrace disruptive leadership in legal education going forward. “The act of leadership is not always ...


Children Are Different: The Need For Reform Of Virginia's Juvenile Transfer Laws, M. Randell Scism 2019 University of Richmond

Children Are Different: The Need For Reform Of Virginia's Juvenile Transfer Laws, M. Randell Scism

Richmond Public Interest Law Review

In Virginia, there are three ways that a juvenile can be sent to the adult criminal justice system: discretionary waiver, certification (direct file), and mandatory waiver through transfer and certification, but they are no ways to be sent back to the juvenile criminal justice system if that would be more appropriate. Once a juvenile enters the adult criminal justice system, they are subject to more significant sentences and collateral consequences. This increased punishment is counterproductive because, as the Supreme Court recognized in Roper, Graham, and Miller, juveniles are less culpable for the crimes they commit and more likely to be ...


Applying The Principle Of Proportionality To The War On Terror, Waseem Ahmad Qureshi 2019 University of Richmond

Applying The Principle Of Proportionality To The War On Terror, Waseem Ahmad Qureshi

Richmond Public Interest Law Review

This paper aims to discuss and apply the principle of proportionality (PoP) to the War on Terror (WoT). For this, vital characteristics and conditions of the PoP will be discussed in great detail. The paper argues that notions of the “just cause,” the “reasonable hope of success,” and the “requirement of the last resort” are incorporated within the PoP. This paper also defines how the harm caused by military actions is weighed against the direct military advantage to arrive at conclusions on the proportionality or disproportionality of an attack. After discussing the theoretical grounds of the PoP, this paper tries ...


Intersecting Trends In Abortion And Capital Punishment Policy, Erica Rebussini 2019 University of Richmond

Intersecting Trends In Abortion And Capital Punishment Policy, Erica Rebussini

Richmond Public Interest Law Review

A recent bill in Ohio brought to the forefront of the nation’s consciousness the intersection of abortion and capital punishment. The bill sought to redefine “person” to include “unborn humans,” therefore making the termination of a pregnancy the intentional killing of another person. Further, because one of Ohio’s aggravating circumstances for the imposition of capital punishment is child homicide, those who choose to have an abortion would be subject to the possibility of capital punishment. While the bill died in committee, it provides a unique lens through which to examine the intersection of the debate over abortion restrictions ...


Nonprofit Hospitals' Community Benefits Should Actually Benefit The Community: How Irs Reforms Can Improve The Provision Of Community Benefits, Kim Simmons 2019 University of Richmond

Nonprofit Hospitals' Community Benefits Should Actually Benefit The Community: How Irs Reforms Can Improve The Provision Of Community Benefits, Kim Simmons

Richmond Public Interest Law Review

Policymakers and health care leaders have frequently questioned and critiqued whether nonprofit hospitals’ provision of community benefits is worth their favored tax status. While legislation and regulations have recently been enacted to address such concerns, the tax exemption standards continue to fail to promote the goals articulated in the Patient Protection and Affordable Care Act of 2010 (ACA) of reforming and improve health care delivery systems in the United States for all people. To better effectuate the purposes of the ACA, this article suggests that the Internal Revenue Service adopt minimum community benefit spending requirements that vary depending on the ...


Letter From The Editor, MaryAnn Grover 2019 University of Richmond

Letter From The Editor, Maryann Grover

Richmond Public Interest Law Review

No abstract provided.


Prefatory Matter, 2019 University of Richmond

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.


Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman 2019 Yale Law School

Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman

Chicago-Kent Law Review

Established public law principles are under strain from the prospect of Brexit in the United Kingdom and the Trump Administration in the United States. In the United Kingdom the Parliament is playing an increasingly important role in overseeing the Government, and the judiciary is beginning to support democratic accountability in executive policymaking. In the United States, possible statutory changes and the power of the president to reshape the public administration are of concern. Although in the United States the most draconian measures will likely die with the return of the House to Democratic Party control, they may remain on the ...


Qualified Immunity And Constitutional Structure, Katherine Mims Crocker 2019 Duke University School of Law

Qualified Immunity And Constitutional Structure, Katherine Mims Crocker

Michigan Law Review

A range of scholars has subjected qualified immunity to a wave of criticism— and for good reasons. But the Supreme Court continues to apply the doctrine in ever more aggressive ways. By advancing two claims, this Article seeks to make some sense of this conflict and to suggest some thoughts toward a resolution.

First, while the Court has offered and scholars have rejected several rationales for the doctrine, layering in an account grounded in structural constitutional concerns provides a historically richer and analytically thicker understanding of the current qualified-immunity regime. For suits against federal officials, qualified immunity acts as a ...


Neglecting Nationalism, Gil Seinfeld 2019 University of Michigan Law School

Neglecting Nationalism, Gil Seinfeld

Articles

Federalism is a system of government that calls for the division of power between a central authority and member states. It is designed to secure benefits that flow from centralization and from devolution, as well as benefits that accrue from a simultaneous commitment to both. A student of modern American federalism, however, might have a very different impression, for significant swaths of the case law and scholarly commentary on the subject neglect the centralizing, nationalist side of the federal balance. This claim may come as a surprise, since it is obviously the case that our national government has become immensely ...


Racial Indirection, Yuvraj Joshi 2019 Yale Law School

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on ...


The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir 2019 Seattle University School of Law

The Gdpr: It Came, We Saw, But Did It Conquer?, Leila Javanshir

Seattle University Law Review

On February 1, 2019, the Seattle University Law Review held its annual symposium at the Seattle University School of Law. Each year, the Law Review hosts its symposium on a topic that is timely and meaningful. This year, privacy and data security professionals from around the globe gathered to discuss the current and future effects of the General Data Protection Regulation (GDPR) that was implemented on May 25, 2018. The articles and essays that follow this Foreword are the product of this year’s symposium.


Regulating The Gdpr: Perspectives From The United Kingdom, Hannah McCausland 2019 Seattle University School of Law

Regulating The Gdpr: Perspectives From The United Kingdom, Hannah Mccausland

Seattle University Law Review

Hannah McCausland leads the international group at the UK Information Commissioner’s Office (ICO). The ICO’s International Engagement functions as the gateway to other data protection and privacy authorities on international matters. She’s involved in the work of the EU European Data Protection Board advising the commissioner and the deputy commissioner on international positioning of the ICO, and she has played a key role over the past six years in the ICO’s strategy on navigating the EU’s data protection framework. Hannah has also played a major role at the global level and advancing the practical tools ...


Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben 2019 Seattle University School of Law

Privacy, Freedom, And Technology—Or “How Did We Get Into This Mess?”, Alex Alben

Seattle University Law Review

Can we live in a free society without personal privacy? The question is worth pondering, not only in light of the ongoing debate about government surveillance of private communications, but also because new technologies continue to erode the boundaries of our personal space. This Article examines our loss of freedom in a variety of disparate contexts, all connected by the thread of erosion of personal privacy. In the scenarios explored here, privacy reducing activities vary from government surveillance, personal stalking conducted by individuals, and profiling by data-driven corporations, to political actors manipulating social media platforms. In each case, new technologies ...


Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett 2019 Seattle University School of Law

Confiding In Con Men: U.S. Privacy Law, The Gdpr, And Information Fiduciaries, Lindsey Barrett

Seattle University Law Review

In scope, ambition, and animating philosophy, U.S. privacy law and Europe’s General Data Protection Regulation are almost diametric opposites. The GDPR’s ambitious individual rights, significant prohibitions, substantive enforcement regime, and broad applicability contrast vividly with a scattershot U.S. regime that generally prioritizes facilitating commerce over protecting individuals, and which has created perverse incentives for industry through anemic enforcement of the few meaningful limitations that do exist. A privacy law that characterizes data collectors as information fiduciaries could coalesce with the commercial focus of U.S. law, while emulating the GDPR’s laudable normative objectives and fortifying ...


General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas 2019 Seattle University School of Law

General Data Protection Regulation (Gdpr): Prioritizing Resources, Jennifer Dumas

Seattle University Law Review

This Article will discuss and analyze the years of preparation for the GDPR and provide recommendations for dealing with the GDPR forevermore. It will assess whether the preparation and panic were worth it. In other words, was the time, expense, and distraction my peers and I expended and experienced over the past years proportionate to the requirements and impact of the GDPR? Further, was the high level of preparation and panic many legal departments in countless companies undertook and experienced appropriate now that we have had a chance to see the initial impact of the GDPR?


Privacy Statements Under The Gdpr, Mike Hintze 2019 Seattle University School of Law

Privacy Statements Under The Gdpr, Mike Hintze

Seattle University Law Review

The need to include specific types of information in a privacy statement is a GDPR compliance obligation that does not get as much attention as some other GDPR requirements. Perhaps that is because privacy statements have been much maligned in recent years. They are too long and full of legalese. Nobody reads them. They are part of a notice and consent approach to privacy that puts an unrealistic burden on consumers to make informed choices. But despite these well-known criticisms, the GDPR doubles down on privacy statements. In fact, gauging by the roughly fourfold increase in privacy statement requirements compared ...


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