Date of Publication:
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.
Date of Publication:
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.
Date of Publication:
Louis J. Virelli, Animus Symposium: Symposium Introduction, 48 Stetson L. Rev. 173 (2019)Clicking on the button will copy the full recommended citation.
Date of Publication:
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.
Date of Publication:
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.
Date of Publication:
Royal C. Gardner et al., Advocating for Science: Amici Curiae Brief of Wetland and Water Scientists in Support of the Clean Water Rule, 39 Wetlands 403 (2019)Clicking on the button will copy the full recommended citation.
The Trump administration has proposed replacing the Clean Water Rule, a 2015 regulation that defined the statutory term "waters ofthe United States" to clarify the geographic jurisdiction of the Clean Water Act. Since its promulgation, the Clean Water Rule has been subjected to numerous judicial challenges. We submitted an amici curiae brief to the United States Court of Appeals for the Sixth Circuit, explaining why the Clean Water Rule, and its definition of "waters of the United States," is scientifically sound. The definition of "waters of the United States" is a legal determination informed by science. The best available science supports the Clean Water Rule’s categorical treatment of tributaries because compelling scientific evidence demonstrates that tributaries significantly affect the chemical, physical, and biological integrity of traditional navigable waters (primary waters). Similarly, the best available science supports the Clean Water Rule’s categorical treatment of adjacent waters based on geographic proximity. Compelling scientific evidence demonstrates that waters within 100 ft of an ordinary high water mark (OHWM) significantly affect the chemical, physical, and biological integrity of primary waters, as do waters within 100-year floodplains and waters within 1500 ft of high tide lines of tidally influenced primary waters or OHWMs of the Great Lakes. This review article is adapted from that amici brief.
Date of Publication:
Ashley Krenelka Chase, Neutralizing Access to Justice: Criminal Defendants’ Access to Justice in a Net Neutrality Information World, 84 Mo. L. Rev. 323–70 (2019)Clicking on the button will copy the full recommended citation.
This Article examines net neutrality and its impact on criminal defendants’ ability to access the courts — and justice — through access to legal information. Research in the American legal system has moved largely online, and print resources are becoming increasingly expensive and, therefore, scarcer. The move to online legal research presents difficult issues in light of the recent demise of net neutrality: If meaningful and speedy access to the Internet becomes dependent upon being able to afford an Internet “fast lane,” users will be divided into the haves and the have-nots. Criminal defendants will surely fall into the latter category, rendering their access to justice completely non-existent.
This Article will examine the legislation, regulations, and cases that brought net neutrality to the attention of the American public. It will examine how net neutrality and access to information are related, particularly in the criminal justice system. It will discuss the United States Supreme Court decisions that have impacted criminal defendants and the methods that defendants use to seek the justice and access to the courts. In detailing how the demise of net neutrality will directly harm the millions of Americans who are currently impacted by the criminal justice system — either as a defendant or as a family member or friend of one — suggestions will be made to ensure that criminal defendants retain access to justice.
Date of Publication:
Erin Okuno, A Look Back at Sierra Club v. Costle: Balancing Legal, Political, and Ethical Interests in Informal Rulemaking, 44 Administrative & Regulatory Law News 18 (2019)Clicking on the button will copy the full recommended citation.
Date of Publication:
Louis J. Virelli and David S. Rubenstein, Supreme Court News, 44 Administrative & Regulatory Law News 24 (2019)Clicking on the button will copy the full recommended citation.
Date of Publication:
Robyn Powell, Disparities in Child Protective Services: Commentary on Kaplan et al., 70 Psychiatric Services 209 (2019)Clicking on the button will copy the full recommended citation.