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LAW (843 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 16)
Acta Judicial     Open Access   (Followers: 2)
Acta Juridica     Full-text available via subscription   (Followers: 5)
Acta Politica     Hybrid Journal   (Followers: 19)
Acta Universitatis Danubius. Juridica     Open Access  
Acta Universitatis Lodziensis : Folia Iuridica     Open Access  
Actualidad Jurídica Ambiental     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 37)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 9)
African Journal on Conflict Resolution     Open Access   (Followers: 28)
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access   (Followers: 1)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
AL Rafidain law journal     Open Access  
Al-Ahkam     Open Access  
Al-Istinbath : Jurnal Hukum Islam     Open Access  
Alaska Law Review     Open Access   (Followers: 9)
Alberta Law Review     Open Access   (Followers: 13)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 10)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 60)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 10)
American Journal of Legal History     Full-text available via subscription   (Followers: 10)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 6)
American University Law Review     Open Access   (Followers: 13)
American University National Security Law Brief     Open Access   (Followers: 6)
Amicus Curiae     Open Access   (Followers: 5)
Anales : Facultad de Ciencias Jurídicas y Sociales de la Universidad Nacional de La Plata     Open Access  
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annales de droit     Open Access  
Annales de la Faculté de Droit d’Istanbul     Open Access  
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)     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 la Facultad de Derecho : Universidad de Extremadura (AFDUE)     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 3)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbeidsrett     Full-text available via subscription  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 4)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Argumenta Journal Law     Open Access  
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 4)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 4)
Art + Law     Full-text available via subscription   (Followers: 11)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 14)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
Asia Pacific Law Review     Open Access   (Followers: 1)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal   (Followers: 2)
Asian American Law Journal     Open Access   (Followers: 2)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 9)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 3)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 3)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 7)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 20)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 16)
Australian Year Book of International Law Online     Hybrid Journal  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 5)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 7)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 29)
Beijing Law Review     Open Access   (Followers: 4)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 5)
Berkeley Technology Law Journal     Free   (Followers: 15)
BestuuR     Open Access  
Bioderecho.es     Open Access  
Bioethics Research Notes     Full-text available via subscription   (Followers: 15)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 17)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 15)
Boston University Law Review     Free   (Followers: 11)
Bratislava Law Review     Open Access  
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 6)
Brill Research Perspectives in Comparative Discrimination Law     Full-text available via subscription  
Brill Research Perspectives in International Investment Law and Arbitration     Full-text available via subscription   (Followers: 3)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Bulletin of Yaroslav Mudryi NLU : Series : Philosophy, philosophy of law, political science, sociology     Open Access  
Business and Human Rights Journal     Full-text available via subscription   (Followers: 5)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access  
Cahiers de la Recherche sur les Droits Fondamentaux     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access   (Followers: 1)
California Law Review     Open Access   (Followers: 22)
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 124)
Cambridge Yearbook of European Legal Studies     Hybrid Journal   (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: 23)
Canadian Journal of Law and Technology     Open Access   (Followers: 1)
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: 10)
Católica Law Review     Open Access  
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 20)
China Law and Society Review     Full-text available via subscription  
China-EU Law Journal     Hybrid Journal   (Followers: 5)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 7)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Law & Government     Full-text available via subscription   (Followers: 8)
Chulalongkorn Law Journal     Open Access  
Cleveland State Law Review     Free   (Followers: 2)
Clínica Jurídica per la Justícia Social : Informes     Open Access  
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Open Access   (Followers: 12)
Columbia Journal of Gender and Law     Open Access   (Followers: 1)
Columbia Journal of Law & the Arts     Open Access   (Followers: 2)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Journal of Race and Law     Open Access  
Columbia Journal of Tax Law     Open Access  
Columbia Law Review (Sidebar)     Open Access   (Followers: 21)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 4)
Comparative Law Review     Open Access   (Followers: 45)
Comparative Legal History     Hybrid Journal   (Followers: 8)
Comparative Legilinguistics     Open Access   (Followers: 1)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 42)
Cornell Law Review     Open Access   (Followers: 14)
Corporate Law & Governance Review     Hybrid Journal  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 6)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube     Open Access   (Followers: 3)
De Europa     Open Access  
De Jure     Open Access   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Debater a Europa     Open Access  
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Open Access   (Followers: 5)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 2)
Derecho Animal. Forum of Animal Law Studies     Open Access   (Followers: 1)
Derecho PUCP     Open Access   (Followers: 1)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Derechos en Acción     Open Access  
Dereito : Revista Xurídica da Universidade de Santiago de Compostela     Full-text available via subscription  
Deusto Journal of Human Rights     Open Access   (Followers: 2)
DiH : Jurnal Ilmu Hukum     Open Access  
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Dikê : Revista de Investigación en Derecho, Criminología y Consultoría Jurídica     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito.UnB : Revista de Direito da Universidade de Brasília     Open Access  
Dixi     Open Access  
DLR Online     Open Access   (Followers: 1)
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 1)
Drug Science, Policy and Law     Full-text available via subscription   (Followers: 4)
Duke Environmental Law & Policy Forum     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 19)
Duke Law & Technology Review     Open Access   (Followers: 11)
Duke Law Journal     Open Access   (Followers: 29)
e-Pública : Revista Eletrónica de Direito Público     Open Access  
Economics and Law     Open Access   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 16)
Election Law Journal     Hybrid Journal   (Followers: 18)
Environmental Justice     Hybrid Journal   (Followers: 12)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erdélyi Jogélet     Open Access   (Followers: 4)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
Estudios de Derecho     Open Access  
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)
European Convention on Human Rights Law Review     Hybrid Journal   (Followers: 5)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 14)
European Investment Law and Arbitration Review Online     Full-text available via subscription   (Followers: 1)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 11)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Law Journal     Hybrid Journal   (Followers: 134)
European Public Law     Full-text available via subscription   (Followers: 44)
European Review of Private Law     Full-text available via subscription   (Followers: 37)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

Similar Journals
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Cleveland State Law Review
Journal Prestige (SJR): 0.116
Number of Followers: 2  

  Free journal Free journal
ISSN (Print) 0009-8876
Published by Cleveland State University Homepage  [2 journals]
  • Restoration of Second Amendment Rights from a Lifetime Ban Imposed by 18
           U.S.C. § 922(G)(4): The Sixth Circuit Provides a Path Forward
    • Authors: Bennett E. Kuhar
      Abstract: Title 18 U.S.C. § 922(g)(4) imposes a disability prohibiting the ownership and possession of firearms on individuals who have been previously involuntarily committed. Because of an inconsistent patchwork of state and federal laws, relief from this disability, or restoration of an individual’s fundamental right to own or possess firearms, is not available to all people. In effect, some individuals who have been previously involuntarily committed face a lifetime ban, while other similarly situated people can own or possess firearms once again. This issue has created a circuit split between the Third, Sixth, and Ninth Circuits. Despite applying the same constitutional analysis to the issue and similar facts, all three circuits reached different results. The Sixth Circuit found an individual who had been previously involuntarily committed many years prior had a Second Amendment claim to challenge the firearm disability prohibiting firearm ownership. This Note asserts the Sixth Circuit’s analysis is most persuasive because it properly applies intermediate scrutiny, it is consistent with the current understanding of Second Amendment rights and related legislative history, it fairly considers the rights of those with a history of mental illness rather than continues the stigmatization of mental illness, and it effectively balances the rights of those previously involuntarily committed with the compelling government interests of general public safety.
      PubDate: Thu, 05 May 2022 16:10:09 PDT
       
  • Equal Access to Donate: Plasma Donation Centers and the ADA
    • Authors: Lucy Richman
      Abstract: The Americans with Disabilities Act (ADA) prohibits discrimination against disabled persons in employment, public services, and private entities operating public accommodations. Despite clear moral and social incentives for becoming disability-friendly outside of the legal mandate, many private entities have asserted that the ADA does not apply to them. In multiple cases, plasma donation centers, one particular type of entity, have strongly disputed whether they are subject to the ADA as public accommodations. The crux of these cases has hinged on whether plasma donation centers are “service establishments” under Title III of the ADA, and three such cases have reached the federal appellate court level, resulting in a circuit split. This Note contends that the Third and Tenth Circuits reached the correct conclusion, and, using contract law, methods of statutory interpretation, and public policy rationales, argues that plasma donation centers should be considered service establishments that are required to comply with the ADA.
      PubDate: Thu, 05 May 2022 16:10:09 PDT
       
  • Langdell and the Foundation of Classical Contract Law
    • Authors: Daniel P. O’Gorman
      Abstract: In the late nineteenth and early twentieth centuries, scholars seeking to bring order to the common law developed what has since become known as classical contract law. Its leading architects were Christopher Columbus Langdell, Oliver Wendell Holmes, Jr., and Samuel Williston, and their efforts involved seeking to provide an objective foundation for contract law. Any idea, however, that these three worked in coordination to create classical contract law would be mistaken. Holmes is considered a relentless critic of Langdell, and even Williston distanced himself from Langdell. This Article identifies in what ways Holmes and Williston differed from Langdell in their approach to contract law and, to do so, focuses on the doctrine of consideration, the foundation upon which classical contract law was built. This Article concludes that, as a result of these differences, classical contracts scholars’ quest to create an objective foundation for contract law that could withstand erosion was doomed to fail. First, the leading architects did not agree on a fundamental concept—a theory of law. The disagreement between Langdell and Holmes about the nature of law (logic versus experience) virtually ensured they would be unable to agree on something like the meaning of consideration and would thus be unable to agree on a foundational theory of contract law. Second, even when the architects sought to construct principles upon the same foundation (logic), the foundation proved unable to provide a clear answer to the meaning of consideration.
      PubDate: Thu, 05 May 2022 16:10:08 PDT
       
  • From Governance to the Classroom: Rethinking Large-Scale School Reform to
           Improve Educational Opportunity and Equity
    • Authors: Benjamin M. Superfine PhD et al.
      Abstract: For decades, governmental institutions have focused on improving and equalizing the educational opportunities for students. Courts, legislatures, and chief executive officers at federal and state levels have spearheaded a range of large-scale educational reform efforts, including desegregation, school finance reform, educational improvement for students with disabilities, charter schools, and standards-based accountability systems. However, many assessments of these efforts reflect limited or mixed success. This Article takes a bird’s-eye view examination of not simply why a single type of educational reform has failed to reach its goals in a particular area, but instead at why such efforts have failed to reach their goals more generally. Drawing insights from both the history of these reform efforts and educational research, this Article analyzes cross-cutting challenges from a perspective that highlights the horizontal and vertical governance structures underlying these reforms. Based on the analysis of these reforms, this Article presents principles for rethinking educational governance in a way that has a greater potential for equalizing and improving students’ learning opportunities and performance.
      PubDate: Thu, 05 May 2022 16:10:08 PDT
       
  • Neither Trumps nor Interests: Rights, Pluralism, and the Recovery of
           Constitutional Judgment
    • Authors: Paul Linden-Retek
      Abstract: This Article develops a novel framework for the adjudication of rights in an age of partisan and societal polarization. In so doing, it defends judicial review in a divided polity on new grounds. The Article makes two broad interventions.First, the Article cautions against recent calls to shift rights adjudication in the United States from Dworkinian categoricalism toward proportionality analysis. Such calls correctly identify how categoricalism, by embracing the absolute nature of rights as “trumps,” pits citizens harshly against one another. The problem, however, is that proportionality’s proponents fail to see how it imposes a rights absolutism of its own. Proportionality reduces pluralism in rights adjudication to the degree of justified infringement of a right whose normative content is otherwise held to be unchanging. This trades constitutional hermeneutics for a far narrower, more impoverished view of the judicial role and the purpose of rights adjudication: a view of goal-oriented, technical policy refinement that offers citizens no resources to better comprehend the disagreements over public values that divide them. To demonstrate the stakes of this criticism, I draw on comparative constitutional scholarship concerning the limitations of European jurisprudence that employs proportionality analysis—and examine how such limitations align neatly with criticisms leveled at American categoricalism in various areas of US constitutional law.Second, the Article offers an alternative. American constitutional theory requires a novel guiding light, which I term “narrative doctrinalism.” On this model, judicial review aims not merely to constrain democracy (categoricalism) or justify governance (proportionality) but instead to make possible a distinctive quality of democratic judgment. Set in a narrative frame, rights are neither trumps nor pragmatic interests to be balanced in proportion, but nodal commitments made in time. Their scope of application is not unlimited; but neither is their meaning timeless. Rights have pasts and futures that demand historically-grounded interpretation, which judges are uniquely well-positioned to provide. The Article develops narrative doctrinalism’s normative and methodological insights in detail. It then applies them to a salient case from a recent Supreme Court term: Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case whose resolution continues to guide—for good or ill—how the Court disposes of analogous conflicts among rights regimes in other areas of law.
      PubDate: Thu, 05 May 2022 16:10:07 PDT
       
  • Copyright Statement
    • Authors: Cleveland State Law Review
      PubDate: Thu, 05 May 2022 16:10:06 PDT
       
  • Ending the Economic War Among States
    • Authors: Nathan Altstadt
      Abstract: The United States is under siege; however, the cause is not a foreign adversary. Rather, infighting among states to attract and retain big businesses is jeopardizing the Nation’s economic prosperity.States compete for businesses, using tax incentives, hoping to capitalize on the benefits these businesses represent. Benefits include improved job growth numbers, a future increase in tax revenue, or, simply, elevated political clout. While competition can lead to a more efficient use of resources, unregulated competition between states for businesses does not illustrate this theory. A national auction for a business, where states are blind to rival offers, may, and arguably does, lead to states offering inflated tax incentives—tax incentives that discriminate against interstate commerce.Nonetheless, the Constitution appears to provide a path forward. As seen through dormant Commerce Clause jurisprudence, the Constitution makes it unlawful for states to implement tax incentives that discriminate against interstate commerce. But the current case-by-case approach of litigating the legality of state-level tax incentives suffers from various inefficiencies. This Note offers an alternative solution.This Note argues that ending the economic war among states, caused by the imprudent distribution of state-level tax incentives, requires Congress to promulgate legislation modeled after the European Union's State Aid Control Treaty.
      PubDate: Wed, 23 Mar 2022 15:39:02 PDT
       
  • Overdressed & Underprotected: The Not-So Glamorous Side of the United
           States Fashion Industry Without Explicit Copyright Protection
    • Authors: Anna Huttner
      Abstract: The complexity of fashion designs goes far beyond what is currently trending in Vogue. Intellectual property laws should seek to provide designers with an opportunity to completely protect their work, as well as ensure that fashion designers’ designs will not be replicated and sold for a fraction of the price. Inherent limitations with alternate forms of intellectual property protection emphasize the need for a bright-line rule for copyright protection over fashion designs. To best protect new designers and small brands within the U.S. fashion industry, there must be a standard that explicitly includes and defines accessibility to copyright protection for fashion designs. Developing a well-understood rule for copyright protection that can be consistently and unambiguously applied would grant many designers within the U.S. fashion industry an opportunity that they may never otherwise be able to obtain, simply because of the size and scope of fast fashion. Additionally, there would be copious benefits to the global environment and the national economy. Therefore, in order to promote the continued success and future evolution of fashion design within the United States, a bright-line rule must be established and dependably applied to cases regarding copyright protection in the fashion industry.
      PubDate: Wed, 23 Mar 2022 15:39:02 PDT
       
  • The Hydraulics of Intermediary Liability Regulation
    • Authors: Ben Horton
      Abstract: The intermediary immunity created by Section 230 probably protects claims based on the non-legal harms of hate speech and misinformation as well as a European-style proportionality system of content moderation better than a more “legalized” intermediary liability regime would. Contrasting the existing non-copyright content moderation systems with empirical research on the effects of the Digital Millennium Copyright Act (DMCA) shows that a comprehensive regulation of content moderation would incentivize the moderation of defamation and negligence claims at the expense of these important non-legal claims and incentivize a homogenous, categorical approach to content moderation. Furthermore, empirical research on the effects of SESTA-FOSTA and online secondary copyright liability outside the DMCA’s safe harbor shows the effects of a non-comprehensive solution would be even worse: incentivizing widespread automation and crude blocking with negligible positive effects. Instead, policymakers should focus on narrow changes to Section 230, remedies that punish systemic violations, and non-tort solutions.
      PubDate: Wed, 23 Mar 2022 15:39:01 PDT
       
  • A Constitutional Theory of Territoriality: The Case of Puerto Rico
    • Authors: Joel Colón-Ríos et al.
      Abstract: This Article offers an analysis of the relationship between Puerto Rico and the United States that, unlike most of the existing literature, goes beyond discussions of the jurisprudence of U.S. courts and avoids providing merely descriptive or justificatory accounts. Using the tools of constitutional theory, we seek to describe the nature of what we call the “basic structure of territoriality,” the way that structure reproduces itself, and the possibility of its replacement. The basic structure of territoriality, we argue, is comprised by ten fundamental legal rules and five principles. Although those principles are not legally enforceable, they inform in important ways the relationship between Puerto Rico and the United States. Whenever the island or the U.S. Government take any action that contradicts them, a tension underlying the basic structure of territoriality is brought to the surface—the tension between U.S. legal sovereignty over the island and Puerto Rican historical claims to political sovereignty. The Article concludes with a series of thought experiments that allow us to address the question of the identity of Puerto Rico’s constituent subject. We argue that the answer to that question is not to be found in the fundamental legal rules of the relationship but, rather, depend on who is able to effectively (and unilaterally) replace the basic structure of territoriality. As of now, it seems that that entity is the U.S. Congress, whose power under the Territorial Clause of the U.S. Constitution would even allow it to “dispose” of the territory without the consent (and even with the objection) of Puerto Rico. That does not mean, however, that such a situation will (or should) continue indefinitely.
      PubDate: Wed, 23 Mar 2022 15:39:01 PDT
       
  • Copyright Statement
    • Authors: Cleveland State Law Review
      PubDate: Wed, 23 Mar 2022 15:39:00 PDT
       
  • Reforming State Electoral College Laws to Depolarize American Politics
    • Authors: M. Akram Faizer
      Abstract: Brnovich v. Democratic National Committee involved the Supreme Court gutting the remaining vestiges of the Voting Rights Act (VRA), such that jurisdictions will have free rein to impose partisan burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer Democratic Party candidates over their Republican opponents. Brnovich follows the highly divisive 2020 presidential election that Joe Biden won against former President Trump based on very narrow margins in highly contested swing states, notwithstanding a nationwide popular margin of more than 8 million votes. This blurring of the lines between partisan and racial motivation in the context of pronounced racial political polarization in a highly contested two-party election framework has left ample room for partisans on both sides of the two-party divide to be incentivized to exacerbate the racial, regional, and socioeconomic cleavages that have systematically undermined national cohesion in recent years.Something must be done to remedy the chasm that divides the country. Some reflexively blame the two-party system and argue for its replacement with a multi-party framework as found in western Europe. Many, including myself, blame the country’s reliance on single-member plurality districting, which encourages partisan gerrymandering and vote dilution of minority party votes. Because presidential governance, more than its Congressional counterpart, relies on democratic legitimacy, a potential means of increasing national cohesion is for state legislatures to reform their means of awarding their states’ Electoral College votes from the current “winner-take-all” framework to one that awards Electoral College votes in rough approximation to the percentage of the two-party vote won by the major candidates, with a bonus vote for the state winner where the popular vote result would otherwise indicate an even split of Electoral College votes (Apportionment Proposal).The Apportionment Proposal will also engender national cohesion by depolarizing the legitimacy of the election outcome in each state, thereby disincentivizing voter suppression and foreign election interference in highly contested swing states because the popular vote outcome in each state will be less outcome determinative. Limiting the award of Electoral College votes to the two leading candidates also protects against the proliferation of splinter and regional party candidates that would undermine national cohesion. Finally, unlike replacement of the Electoral College with a French-style nationwide popular vote, or the often mooted proposal to award bonus Electoral College votes to the nationwide popular vote winner, the Apportionment Proposal does not require a constitutional amendment and protects a key advantage of the original Electoral College, namely to encourage nationwide campaigning by candidates in lieu of monographic focus on the country’s major population centers. This also explains its advantage over the national popular vote compact, whereby each state would award its Electoral College votes to the nationwide popular vote winner.
      PubDate: Wed, 23 Mar 2022 15:39:00 PDT
       
  • Reexamining the Vicarious Criminal Liability of Corporations for the
           Willful Crimes of Their Employees
    • Authors: Evan Tuttle
      Abstract: Corporate compliance programs in the United States have evolved substantially in the past several decades, expanding exponentially in both number and scope. Yet, our legal standard of corporate criminal liability for the acts of employees has remained largely unchanged for the past fifty years. United States v. Hilton Hotels established that a corporation can be held liable for the acts of its employee, even though the employee’s conduct may be contrary to their actual instructions or contrary to the employer’s stated policies. That holding, cited with favor by the Supreme Court, was based on a deeply flawed interpretation of precedent, yet has stood as good law for nearly five decades.Corporations are innately unsympathetic “victims” to this injustice, but the potential harm spreads far beyond the Fortune 500. Prosecutorial discretion is the sole bulwark protecting corporations of all sizes from the potential of liability under Hilton Hotels. There is not a clear method of eschewing vicarious liability in criminal cases. Under the current regime, a corporation could pour a nearly endless amount of money towards a compliance function that has no guarantee of protecting the company from the criminal inclinations of a single rogue employee. This Note suggests that an affirmative defense to the common law doctrine of respondeat superior would be in the best interests of justice.
      PubDate: Mon, 29 Nov 2021 15:39:53 PST
       
  • The Dope on Marijuana Consumption and Impaired Driving
    • Authors: Samuel D. Hodge; Jr. et al.
      Abstract: Marijuana is the most frequently used psychotropic drug in the United States, following alcohol consumption. Its use is becoming socially acceptable as more and more states legalize recreational consumption. Nevertheless, marijuana is still a drug, and individuals must understand that it has adverse health effects and potential therapeutic benefits.Marijuana can influence a user’s judgment and impair a person’s driving abilities. A significant problem with its consumption and driving is that there is no statistical link to show what level of marijuana in the blood causes impairment. Roadside tests for the appropriate blood alcohol content to show intoxication are well known. No such uniform standard exists for marijuana, however, since the test can show evidence of drug use from days before, even if the individual is not impaired at the time of the incident.Jurisdictions that permit the use of marijuana have had difficulty creating scientifically logical and criminally relevant laws about drivers who use cannabis lawfully. This dilemma has resulted in three approaches being used to determine drugged driving. They range from the need to show impairment to a per se standard where the person is found guilty of drugged driving if any trace amount of THC is discovered in the blood.This Article provides a comprehensive guide to marijuana and its consumption. The drug’s components will be explained along with a medical explanation of how marijuana affects the body to produce a “high.” It then focuses on the relationship between marijuana and impaired driving and explain the different approaches used by the states to establish drugged driving.
      PubDate: Mon, 29 Nov 2021 15:39:52 PST
       
 
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