Supreme Court News Article
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Louis J. Virelli and David S. Rubenstein, Supreme Court News, 44 Administrative & Regulatory Law News 22 (2019)Clicking on the button will copy the full recommended citation.
Articles
Immigration Law Article
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Em Wright, Immigration Law, 70 Mercer L. Rev. 1083 (2019)Clicking on the button will copy the full recommended citation.
This Article surveys cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2018 through December 31, 2018, in which immigration law was the central focus of the case. The Survey begins with a discussion of the standard of review the Eleventh Circuit applies to cases decided by the Board of Immigration Appeals (BIA) and Immigration Judges (IJs), followed by summaries of cases disposed on procedural or jurisdictional grounds. Then, the Article describes the Eleventh Circuit's recent jurisprudence around issues of discretionary relief from removal, asylum, and habeas corpus law.
Adaptive Parenting Strategies Used by Mothers with Physical Disabilities Caring for Infants and Toddlers Article
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Robyn Powell et al., Adaptive Parenting Strategies Used by Mothers with Physical Disabilities Caring for Infants and Toddlers, 27 Health & Social Care in the Community 889 (2019)Clicking on the button will copy the full recommended citation.
There is a paucity of information concerning adaptive parenting strategies utilised by mothers with physical disabilities, particularly during early motherhood. The purpose of this study is to describe the adaptive strategies used by mothers with physical disabilities during early motherhood. This qualitative study included semi-structured telephone interviews between January and March 2014 with US mothers with a range of physical disabilities who had a baby within the past 10 years (N = 25). Interviews were audio-recorded, professionally transcribed, and coded using content analysis. Analysis revealed five broad themes indicating important adaptive parenting strategies for mothers with physical disabilities caring for infants and toddlers: They are as follows: (a) acquiring or modifying baby-care equipment, (b) adapting the home environment, (c) accessing information and supports, (d) developing communication strategies to facilitate safety, and (e) receiving assistance from others. This study indicates that mothers with physical disabilities employ a variety of adaptive strategies during early motherhood. The findings from the study suggest the need for more availability of supports and equipment for mothers with physical disabilities as well as information for prospective mothers with disabilities. In addition, healthcare and social work professionals must receive training about adaptive parenting strategies.
Depriving Our Veterans of Their Constitutional Rights: An Analysis of the Department of Veterans Affairs’ Practice of Stripping Veterans of Their Second Amendment Rights and Our Nation’s Response Article
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Stacey-Rae Simcox, Depriving Our Veterans of Their Constitutional Rights: An Analysis of the Department of Veterans Affairs’ Practice of Stripping Veterans of Their Second Amendment Rights and Our Nation’s Response, 2019 Utah L. Rev. 1 (2019)Clicking on the button will copy the full recommended citation.
Part I of this Article explores VA policies and examines how the VA determines that a veteran is incompetent for financial purposes. Part II discusses gun control legislation and its effect on the ability of a financially incompetent veteran to possess firearms. Part III applies the VA’s process by providing the case-study of a veteran who the VA determined to be financially incompetent. Part IV explores the federal legislation regarding incompetency decisions, including the SSA’s proposed rule which would have followed the VA’s lead in reporting beneficiaries determined to be financially incompetent, and curing legislation such as the Veterans 2ndAmendment Protection Act. Part V analyzes the constitutional implications of the VA’s process. Part VI concludes, emphasizing the need to address this issue and providing some potential avenues of relief for veterans who have already been listed as a prohibited person due to a determination of financial incompetence.
The Pink Ghetto Pipeline: Challenges & Opportunities for Women in Legal Education Article
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Renee Nicole Allen et al., The Pink Ghetto Pipeline: Challenges & Opportunities for Women in Legal Education, 96 U. Det. Mercy L. Rev. 525 (2019)Clicking on the button will copy the full recommended citation.
The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female.
The term coined for positions typically held by women is “pink ghetto.” According to the Department of Labor, pink-collar-worker describes jobs and career areas historically considered “women’s work,” and included on the list is teaching. However, in legal education, tenured and higher-ranked positions are held primarily by men, while women often enter legal education through non-tenured and non-faculty skills-based teaching pipelines. In a number of these positions, women experience challenges like poor pay, heavy workloads, and lower status such as by contract, nontenure, or at will.
While many may view this as a challenge, looking at these positions solely as a “pink ghetto” diminishes the many contributions women have made to legal education through the skills faculty pipelines. Conversely, we miss the opportunity to examine how legal education has changed and how women have accepted the challenge of being on the front line of educating this new generation of learners while enthusiastically adopting the American Bar Association’s new standards for assessment and student learning. There is an opportunity for women to excel in these positions if we provide them with allies who champion for equal status and provide the requisite support.
This article focuses on the changing gender demographics of legal education, legal education pipelines, and the role and status of women in higher education with an emphasis on legal education. The final section applies feminist pedagogy to address challenges, opportunities, and aspirations for women in legal education.
Source-Relational Ethos in Judicial Opinions Article
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Anne E. Mullins, Source-Relational Ethos in Judicial Opinions, 54 Wake Forest L. Rev. 1089 (2019)Clicking on the button will copy the full recommended citation.
Secret Policies Article
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Ellen S. Podgor and Louis J. Virelli, Secret Policies, 2019 U. Ill. L. Rev. 463 (2019)Clicking on the button will copy the full recommended citation.
This Article examines secret agency policies. Clearly when the directives relate to military or national security matters, secrecy is essential. But should the public be viewers of the DACA Manual’s guidance on when administrative relief will be provided to immigrants brought to the U.S. as children by their undocumented parents? What about the Department of Justice policy related to the dismissal of False Claim Act cases or the written procedures that are used by Assistant United States Attorneys in providing criminal discovery to defense counsel? Written policies veiled in secrecy can be detrimental to achieving transparency and legitimacy in government.
In focusing on these written internal policies that do not pertain to a specific legal matter, this Article looks beyond the Freedom of Information Act (FOIA) and its exemptions. It discusses the need to maintain an appropriate balance between government transparency and the need for some matters to be kept private, and the importance of agency expertise, accountability, and efficiency in determining a need for transparency. Factored into this equation are the ethical repercussions of secret policies when government employees leave the agency with inside information.
Animus Symposium: Symposium Introduction Article
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Louis J. Virelli, Animus Symposium: Symposium Introduction, 48 Stetson L. Rev. 173 (2019)Clicking on the button will copy the full recommended citation.
Opportunity in the Age of Alternative Facts Article
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Anne E. Mullins, Opportunity in the Age of Alternative Facts, 58 Washburn L.J. 577 (2019)Clicking on the button will copy the full recommended citation.
A Small Slice of the Chicago Eight Trial Article
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Ellen S. Podgor, A Small Slice of the Chicago Eight Trial, 50 Loy. U. Chi. L.J. 821 (2019)Clicking on the button will copy the full recommended citation.
The Chicago Eight trial was not the typical criminal trial, in part because it occurred at a time of society’s polarization, student demonstrations, and the rise of the House Un-American Activities Committee. Charges were levied against eight defendants, who were individuals that represented leaders in a variety of movements and groups during this time. This Essay examines the opening stages of this trial from the lens of a then relatively new criminal defense attorney, Gerald Lefcourt. It looks at his experiences before Judge Julius Hoffman and highlights how strong, steadfast criminal defense attorneys can make a difference in protecting key constitutional rights and values. Although judicial independence is crucial to a system premised on due process, it is also important that lawyers and law professors stand up to misconduct and improprieties.