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LAW (804 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 24)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 15)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adam Mickiewicz University Law Review     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 44)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 6)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 19)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access  
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 5)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 56)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 18)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 8)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 10)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access   (Followers: 1)
Annales de droit     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 3)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 4)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 9)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 11)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 22)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 14)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access   (Followers: 2)
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 6)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 27)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 13)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Business and Human Rights Journal     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 170)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 6)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 18)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 38)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Comparative Legilinguistics     Open Access  
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 40)
Conflict Trends     Full-text available via subscription   (Followers: 12)
Cornell Law Review     Open Access   (Followers: 12)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 5)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho Animal. Forum of Animal Law Studies     Open Access  
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 4)
Economics and Law     Open Access  
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 13)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 24)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 9)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 9)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 6)
European Law Journal     Hybrid Journal   (Followers: 162)
European Public Law     Full-text available via subscription   (Followers: 37)
European Review of Contract Law     Hybrid Journal   (Followers: 25)
European Review of Private Law     Full-text available via subscription   (Followers: 33)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

Journal Cover
Catholic University Law Review
Journal Prestige (SJR): 0.137
Number of Followers: 3  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0008-8390
Published by Catholic University of America Homepage  [2 journals]
  • The Next Step in Civil Asset Forfeiture Reform: Passing the Civil Asset
           Forfeiture Reform Act of 2014

    • Authors: Daniel Reed
      Abstract: Civil asset forfeiture is an operation of legal fiction that enables the government to seize property without an underlying conviction of the property owner. Federal authorities bring thousands of civil asset forfeiture cases annually, often against the property of owners who have not been charged with a crime. Such cases can result in unjust outcomes and denials of due process to property owners. To address this controversy, Representative Tim Walberg proposed several reforms to federal civil asset forfeiture laws known as the Civil Asset Forfeiture Reform Act of 2014 (CAFRA 2014).After discussing the history of civil asset forfeiture, this Note analyzes CAFRA 2014 and examines its potential impact on the civil asset forfeiture process. This Note then reviews some deficiencies with current federal civil forfeiture laws and will examine the proposed changes in CAFRA 2014. After considering the positive impact that the proposed changes could have on civil asset forfeiture, this Note argues that Congress should pass CAFRA 2014 to provide beneficial reforms to federal civil asset forfeiture laws.
      PubDate: Tue, 07 Nov 2017 07:23:31 PST
       
  • It’s Time to Open Up the L-1B: How the Emergence of Open Source
           Technology will Impact the L-1B Visa Program

    • Authors: Elizabeth K. Ottman
      Abstract: The L-1 visa program allows multinational companies to transfer both managerial/executive employees and employees who hold “specialized knowledge” to work in the United States. In the Information Technology (IT) industry, it has become increasingly difficult to get workers approved for intra-company transfer due to the way United States Citizenship and Immigration Services (USCIS) narrowly interprets the definition of specialized knowledge. Although USCIS has issued memoranda that indicate knowledge “need not be proprietary or unique,” in practice, knowledge of proprietary software is the most effective way to prove an employee in the IT industry has specialized knowledge. However, in the last few years, there has been a large shift within the IT industry away from the creation of proprietary products and software and toward open-source technologies and platforms. By definition, open source is the opposite of proprietary software. Any developer with access to the code can use the code to build his or her own product.This Comment explores how the transition to open source platforms will affect the L-1B visa program. This Comment predicts that it will make it even more difficult for multinational IT companies to obtain L-1B approvals and argues that USCIS will need to adopt a new way of analyzing IT worker applications in order to keep up with the industry. In the alternative, this Comment recommends the creation of a new visa category specifically tailored to the changing needs of the IT industry.
      PubDate: Tue, 07 Nov 2017 07:23:27 PST
       
  • Who Are the Real Cyberbullies: Hackers or the FTC' The Fairness of the
           FTC’s Authority in the Data Security Context

    • Authors: Jaclyn K. Haughom
      Abstract: As technology continues to be an integral part of daily life, there lies an ever-increasing threat of the personally identifiable information of consumers being lost, stolen, or accessed without authorization. The Federal Trade Commission (FTC) is the U.S. government’s primary consumer protection agency and the country’s lead enforcer against companies subject to data breaches. Although the FTC lacks explicit statutory authority to enforce against data breaches, the Commission has successfully relied on Section 5 of the FTC Act (FTCA) to exercise its consumer protection power in the data security context. However, as the FTC continues to take action against businesses whose unfair data security practices have led to data breaches, private companies are questioning the agency’s authority to do so. Thus, the FTC is pushing for federal legislation to strengthen its existing authority to govern business entities’ data security practices.Part I of this Comment examines the FTC’s exercise of authority with regard to data breaches under Section 5 of the FTCA, noting that, over the course of many actions, the FTC’s authority on such matters was not contested, resulting in settlements between the parties. Part II discusses how certain companies have challenged the FTC’s authority to take enforcement actions against data breaches, and how recent court rulings may affect the results of a potential Target breach investigation. Part III discusses how recently introduced federal legislation may deter data breaches by clearly establishing the FTC’s authority while also proposing an extension of this legislation to ensure that liability is imposed against all entities that are subject to data breaches.
      PubDate: Tue, 07 Nov 2017 07:23:24 PST
       
  • Every Silver Lining Has a Cloud: Defensive Pessimism in Legal Education

    • Authors: Emily Zimmerman et al.
      Abstract: This Article presents the results of the first empirical research project to investigate law students’ use of defensive pessimism. Previous researchers have suggested that defensive pessimism may benefit law students academically. Defensive pessimism is a strategy that involves setting low expectations and reflecting extensively on what could go wrong in connection with a future event in order to manage anxiety and improve performance. However, up until now, law students’ use of defensive pessimism has not been empirically studied.We investigated law students’ use of defensive pessimism. Contrary to the suggestions of other scholars, we did not find statistically significant relationships between defensive pessimism and law school academic performance. However, we did find positive relationships between defensive pessimism and neuroticism, and defensive pessimism and perceived stress.These results suggest that legal educators cannot rely exclusively on academic performance to identify students who are in distress. Students may be in distress in law school but that distress may not be manifested in lower academic performance. Moreover, legal educators should be mindful of the different strategies that students’ use in performance situations in order to more constructively interact with law students and better prepare students to work effectively with others who may not necessarily use the same strategies.
      PubDate: Tue, 07 Nov 2017 07:23:20 PST
       
  • Faith-Based Law Schools: Making Mission Matter

    • Authors: Veryl Victoria Miles
      Abstract: A faith-based law school offers unique values to the legal profession and larger community. However, this faith-based identity requires attention by the dean, faculty, administration, student body, and community. Without attention to a faith-based identity, a law school can quickly lose its religious uniqueness.This Article makes the case that a faith-based law school needs to consider “the essentials” to making its mission matter. First, the faith-based school must make a mission statement that incorporates its church’s religious values and traditions. Second, the faith-based law school needs to create a mission-based environment. This environment can only be achieved if the faculty and student body buy into the school’s mission. Third, the faith-based law school needs to build upon those moments that embody the school’s mission, and use it as inspiration to continue a faith-based mission. Continued attention to, and nurture of, these essentials is important to any faith-based law school in order to maintain its religious identity.
      PubDate: Tue, 07 Nov 2017 07:23:17 PST
       
  • The Diversity Rationale for Affirmative Action in Military Contracting

    • Authors: Hugh B. McClean
      Abstract: Section 8(a) of the Small Business Act (the ‘‘8(a) program’’) is a federal contracting program that permits the government to award certain contracts to members of designated racial groups that own small businesses. Courts have denied facial challenges to the program, but have upheld challenges alleging the program is unconstitutional as applied to particular industries. As a result, the military is banned from using the program in at least one industry, and inherits significant risk when using the program in other industries. The government has never articulated a diversity rationale to justify the use of race-conscious measures in the military contracting context. Given the Supreme Court’s recent endorsement of the diversity rationale in higher education, the time is ripe to consider the application of this rationale to defense contracting. The way we fight wars has changed dramatically in recent decades. Our national security objectives are dependent on minority representation in the defense contracting industry. By fostering diversity in the defense contracting community, the 8(a) program helps maintain a racially integrated military force that is crucial to achieving our military and national security objectives. The Supreme Court has upheld the diversity rationale for affirmative action in the context of higher education, and this rationale applies equally in the military context.
      PubDate: Tue, 07 Nov 2017 07:23:13 PST
       
  • Administrators

    • PubDate: Tue, 07 Nov 2017 07:23:01 PST
       
  • Titles II or III: Where Will the Wisdom of the Crowd Take Investors'

    • Authors: William P. Lane
      Abstract: Many small to moderate-sized businesses simply cannot afford the costs of the specialized accountants, underwriters, and attorneys necessary to meet the obligations that come with being a public company. To minimize these burdens recently approved regulations permit securities-based crowdfunding by certain private companies without registering the offering with the Securities and Exchange Commission.On April 5, 2012, Congress passed, and President Barack Obama signed, the Jumpstart Our Business Startups Act (JOBS Act) into law. The goal of the JOBS Act was to increase job creation and economic growth by improving access to the markets. Along with other provisions, the JOBS Act required the SEC to eliminate the general solicitation ban and general advertising prohibition for certain private securities offerings, and fashion an exemption allowing equity crowdfunding.This Note examines Titles II and III of the JOBS Act and explores whether these new additions to securities regulations will meet their objectives. In examining selected laws and regulations surrounding capital formation for public and private offerings, this Note analyzes whether the new additions to securities regulations, Titles II (Rule 506(c)) and III (Crowdfunding), will result in Congress’s intended goals. In its conclusion, this Note determines that while Title II is already widely used, Title III is unlikely to receive significant use and certainly not to the extent that was expected.
      PubDate: Mon, 03 Jul 2017 11:37:06 PDT
       
  • Does One Size Fit All' The Importance of State Natural Resource Damage
           Assessment Laws

    • Authors: Elizabeth Conti
      Abstract: Natural Resource Damage Assessments (NRDAs) are necessary for the purpose of ensuring restoration and revitalization to natural resources harmed or destroyed by environmental contaminations, whether natural or manmade. Many federal laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Federal Water Pollution Control Act (CWA) are available to assess damages to natural resources. However, their effectiveness is limited due to factors such as lack of resources and funding, political intervention, and a multitude of damages to assess spread throughout the country. Many states have taken the lead in enacting NRDA laws that address local concerns and provide state-specific assessments and remedies better attuned to the priorities of the state’s needs.This Comment discusses why there should be more focus on state natural resource damage assessments aside from simply focusing on federal laws. Beginning with an overview of the major federal NRDA laws including CERCLA, the OPA, the CWA, and state NRDA laws., this Comment then explores case studies from two different states, California and Pennsylvania, and how applying both state and federal NRDA laws can paint a more descriptive picture of the differences and similarities between the state and federal laws. By comparing the NRDA laws of California and Pennsylvania, noting the successes and failures of each approach, this Comment concludes by proposing that the existing federal laws governing NRDA are not a one size fits all approach, and instead it encourages states to take the initiative in creating and strengthening their own NRDA laws for better environmental restoration.
      PubDate: Mon, 03 Jul 2017 11:37:03 PDT
       
  • The Third Party Doctrine and Physical Location: The Privacy Implications
           of Warrantless Acquisition of Historical Cell Site Location Information

    • Authors: Matthew G. Baker
      Abstract: The warrantless acquisition of cell site location information (CSLI) by law enforcement implicates serious privacy concerns for all cell phone owners. Through a series of cases in the Circuit Courts of Appeals, the judiciary has declared that there is no expectation of privacy in the historical location of cell phones. The third-party doctrine controls where a cell phone user voluntarily conveys his location to a cell service provider.This Comment discusses the history of the Fourth Amendment and the development of the expectation of privacy test, the third-party doctrine, and the tracking of vehicles with transponders. This Comment reviews a series of cases dealing with the warrantless acquisition of CSLI by law enforcement and the courts’ uniform response to allow the acquisition of location information under the third-party doctrine. Finally, this Comment argues for a legislative fix to require a warrant before law enforcement can access historical location information due to the large quantities of information that can be gleaned from historical locations alone.
      PubDate: Mon, 03 Jul 2017 11:36:59 PDT
       
  • Forever Barred: Reinstated Removal Orders and the Right to Seek Asylum

    • Authors: Hillary Gaston Walsh; J.D.
      Abstract: Amid the largest refugee crisis in history, noncitizens fleeing persecution are routinely barred from applying for asylum in the United States solely because they have a reinstated order of removal. This bar to asylum access is mandated by federal regulation, and it applies indiscriminately—regardless of whether the asylum seeker was persecuted after her initial removal order was entered or whether her initial removal was based on one of the numerous, well-documented errors border patrol officers make when issuing removal orders.This Article is the first academic piece to examine this regulation's statutory basis, including its legislative history and its troubling consequences. Based on a thorough analysis of the regulatory scheme's validity under the familiar Chevron framework and numerous policy considerations, this Article argues that the reinstatement of prior orders of removal should not bar asylum seekers from applying for asylum in the United States. This Article also explores how courts, the Department of Homeland Security, and Congress can resolve the tension created between the regulatory and underlying statutory scheme and the policy concerns flowing from it.
      PubDate: Mon, 03 Jul 2017 11:36:55 PDT
       
  • Miranda’s Near Death Experience: Reflections on the Occasion of
           Miranda’s Fiftieth Anniversary

    • Authors: Eugene R. Milhizer
      Abstract: Miranda v. Arizona is widely regarded as one of the most controversial Supreme Court decisions in U.S. history. Shortly after the case was decided, Gallop Polls indicated that 63% of the public felt the Supreme Court was too soft on criminals. But despite its controversy, Miranda has become so widely accepted in popular culture that most people cannot imagine a criminal justice system without it. This wide spread acceptance, however, is more of a recent phenomenon in the landmark case’s history.This article discusses Miranda’s tumultuous past; its harsh criticism from the legal community, academics, and the public at large. This article discusses how Miranda was contorted and reshaped by the Supreme Court over the past fifty years, turning it into something that is distinct from its original version. It describes the eventual embrace of Miranda by not only the public, but by law enforcement and prosecutors as well. Miranda provides guidelines that have shaped criminal procedure in a way that can be beneficial to all parties, thus effectively securing its place in criminal procedure for years to come.
      PubDate: Mon, 03 Jul 2017 11:36:51 PDT
       
  • Death Row Dogs, Hard Time Prisoners, and Creative Rehabilitation
           Strategies: Prisoner-Dog Training Programs

    • Authors: Paul J. Larkin; Jr.
      Abstract: More and more prisons have witnessed the success of Prisoner-Dog Training Programs (PDPs) in the last few years. PDPs entail a prisoner training an animal (usually a dog) to be a service animal for the disabled or a well-behaved household pet. PDPs at state and federal prisons have turned out to be a win-win-win. The animals involved in the program are typically those at risk of being euthanized, giving those animals a second chance at life; the community benefits because people adopt well-behaved and trained animals; and the prisoner-trainers learn what it means to contribute to society in a material way, to develop emotional connections, and to care for others. At first glance, these programs seem perfect—which begs the question: Why are they not in every prison'This article examines PDPs and the success of those programs in the case studies that have been conducted. The Article suggests that in order for more successful PDPs to be launched, more data needs to be collected. In analyzing PDPs, this Article looks at the history of criminal punishment through the lens of rehabilitation versus retribution, then proceeds to an overview of PDPs and their promising initial data. Finally, this Article discusses the need for further examination of PDPs and their effectiveness, as well as possible mechanisms that could be used to expand their uses. Ultimately, this Article encourages the Department of Justice and Congress to lend greater support to PDPs in federal and state prisons.
      PubDate: Mon, 03 Jul 2017 11:36:47 PDT
       
  • Oversight of Oversight: A Proposal for More Effective FOIA Reform

    • Authors: Aram A. Gavoor et al.
      Abstract: One of the main mechanisms by which the public can gather information about government activity is through the Freedom of Information Act (FOIA). This Article suggests that FOIA contains inconsistencies that lead to a less transparent government. Gaps and ambiguities in its language that invite and require federal agency interpretation, are at odds with FOIA’s de novo standard of review. This Article suggests that FOIA’s public policy goals would be better served if Congress takes decisive action to clarify FOIA’s language and fill in such ambiguities and gaps.
      PubDate: Mon, 03 Jul 2017 11:36:43 PDT
       
 
 
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