The Mueller Investigation and Beyond Book
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Ellen S. Podgor et al., The Mueller Investigation and Beyond (Carolina Academic Press, 2019)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor et al., The Mueller Investigation and Beyond (Carolina Academic Press, 2019)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and J.R. Swanegan (eds.), Overview of U.S. Law (Carolina Academic Press, 2019)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Lucian Dervan, Corporations: Stuck with the White Collar Crime Check, 2 Belmont Criminal Law Journal 32 (2019)Clicking on the button will copy the full recommended citation.
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Tim Kaye, Webby Books: Interactive Content within a Universal Design, 16 NETWORK: A Journal of Faculty Development (2019)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, The 2018 Florida Bar Criminal Justice Summit: A First Step in Improving Florida’s Criminal Justice System, 93 The Florida Bar Journal 9 (2019)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Members Only: Can a Trustee Govern an LLC When Its Member Files for Bankruptcy?, 53 Loy. L.A. L. Rev. 1 (2019)Clicking on the button will copy the full recommended citation.
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Grant Christensen, The Extraterritorial Reach of Tribal Court Criminal Jurisdiction, 46 Hastings Const. L.Q. 293 (2019)Clicking on the button will copy the full recommended citation.
Conflicts over the jurisdiction between tribal, state, and federal courts arise regularly due to the nature of overlapping sovereignty. The Supreme Court accepts an average of almost three Indian law cases a year and has decided more than twenty Indian law cases with a jurisdictional focus since 1978. As tribes become wealthier, they are increasingly acquiring new lands outside of their existing reservations. This expansion of territory generates new border zones where state and tribal interests converge. The Sixth Circuit recently decided the first federal appellate case dealing with the inherent criminal powers of tribal court jurisdiction over the conduct of Indians on tribal land that is located outside of the tribe’s reservation. The unanimous decision of the Sixth Circuit panel upheld the tribe’s inherent right to extraterritorial criminal jurisdiction, but read into the opinion some limiting caveats that originate from civil, and not criminal, jurisdictional principles. This paper reads the Sixth Circuit’s decision in Kelsey v. Pope as the first in what is surely to be a myriad of conflicts over the extraterritorial jurisdiction of tribal courts. It suggests that while the Sixth Circuit’s approach to tribal sovereignty is generally in keeping with Supreme Court precedent, the court erred by conflating criminal with civil authority and thus over limited its discussion of the inherent powers of tribal courts. Instead the paper suggests that a more consistent reading of the inherent extraterritorial criminal powers of Indian tribes should support jurisdiction over both tribal members and tribal territory unless Congress has expressly circumscribed tribal authority. This broader understanding of extraterritorial jurisdiction is not only simpler to apply, but finds better support in Supreme Court precedent than the convoluted reasoning adopted by the Sixth Circuit.
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Ashley Krenelka Chase, Upending the Double Life of Law Schools: Millennials in the Legal Academy, 44 U. Dayton L. Rev. 1–15 (2019)Clicking on the button will copy the full recommended citation.
This article seeks to explore the role millennials will play — as law school faculty — in shaping the future of legal education described by Holloway and Friedland, and what the academy can do to embrace the millennial generation as colleagues, not students. This article discusses Holloway and Friedland’s vision of the law school of 2025, with a focus on the need for technology education and a cultural shift in the legal Academy and the law school curriculum. It surveys the landscape of millennials as both students and employees, briefly describing their strengths and weaknesses in both arenas. Finally, this article brings the discussion together, describing benefits the law school of 2025 will receive by welcoming millennials into the Academy, and will predict the changes legal education can expect with an innovative group of narcissists leading the way.
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Michèle Alexandre, Dance Halls, Masquerades, Body Protest and the Law: The Female Body As A Redemptive Tool Against Trinidad’s Gender-Biased Laws, 13 Duke J. Gender L. & Pol'y 177 (2019)Clicking on the button will copy the full recommended citation.
This article proposes that feminist jurisprudence considers the female body as a tool for redemption and liberation and showcases certain Trinidadian women as examples of women who use their bodies to fight patriarchy. The term body protest is coined in this article to describe women's use of the female body as a mode of expression, and as a tool for liberation and transformation. The article argues that when reading these women's bodies, we witness an organic feminism, which should lead us (academic feminists) to recognize our own internalized sexism, and limitations in arguing for women's liberation. It uses the example of Trinidadian women to reach a deeper understanding of the role of the body in gender liberation. The article also attempts to further the feminist discourse by demonstrating how embracing the female body as redemptive can lead to a more liberated, inclusive and effective feminist agenda.
The recent discussions elicited by the Katelyn Faber vs. Kobe Bryant case in 2003 and the Supreme Court's treatment of female bodily expressions in the nude cases reveal underlying assumptions about female bodily expressions that perpetuate patriarchy. Sexual profiling infiltrates all areas of life. It has even affected feminist jurisprudence's treatment of the female body. Consequently, recognizing the underlying presence of sexual profiling in legal and feminists' evaluations of female bodily expression is essential to advancing any women-centric legal reforms.
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Ellen S. Podgor, Book Review, Murder and the Reasonable Man, 27 Champion (2019)Clicking on the button will copy the full recommended citation.