Keeping Current-Property Incollection
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Darryl Wilson, Keeping Current-Property, 36 Probate and Property 16 (2022)Clicking on the button will copy the full recommended citation.
2022
People v. Berry, 556 P.2d 777 (Cal. 1976) Book Chapter
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Susan D. Rozelle and Carolyn B. Ramsey, People v. Berry, 556 P.2d 777 (Cal. 1976), in Feminist Judgments: Rewritten Criminal Law Opinions (Bennett Capers et al. eds., Cambridge University Press, 2022)Clicking on the button will copy the full recommended citation.
Getting Cooley Right: The Inherent Criminal Powers of Tribal Law Enforcement Article
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Grant Christensen, Getting Cooley Right: The Inherent Criminal Powers of Tribal Law Enforcement, 56 U.C. Davis L. Rev. 467 (2022)Clicking on the button will copy the full recommended citation.
While the Supreme Court regularly decides cases defining the limits of the criminal jurisdiction of tribal courts, when it heard United States v. Cooley in 2021 it had not decided a case about the procedural powers of tribal law enforcement in more than a century. Across more than five decades lower courts at all levels struggled to decide whether the inherent criminal powers of tribal law enforcement are coterminous with the jurisdiction of tribal courts or whether tribal officers may have their own set of inherent powers distinct from the power to prosecute. This Article examines the inconsistent split in authority that existed before Cooley and anticipates the future misreading of inherent criminal power by lower courts. It argues that now that the Court has divorced the inherent criminal power of tribal law enforcement from the criminal jurisdictional power of tribal courts, tribal officers may stop, detain, search, and investigate anyone whose criminal conduct poses a danger to the health and welfare of the tribal community. The Article bolsters its application by using the first cases decided by lower courts in the post-Cooley era as artifacts to examine the full implications of the recognition of inherent criminal power exercised by tribal law enforcement.
Expanding the Remedial Toolbox: A Legal Analogue to Preliminary Injunctions Article
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Marco Jimenez, Expanding the Remedial Toolbox: A Legal Analogue to Preliminary Injunctions, 2022 Jotwell: The Journal of Things We Like 1 (2022)Clicking on the button will copy the full recommended citation.
Keeping Current-Property Incollection
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Darryl Wilson, Keeping Current-Property, 36 Probate and Property 18 (2022)Clicking on the button will copy the full recommended citation.
Creating Blueprints for Law School Responses to Natural Disasters Book Chapter
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Christine E. Cerniglia et al., Creating Blueprints for Law School Responses to Natural Disasters, in The Cambridge Handbook of Disaster Law and Policy: Risk, Recovery, and Redevelopment (Susan S. Kuo et al. eds., Cambridge University Press, 2022)Clicking on the button will copy the full recommended citation.
A recent onslaught of domestic natural disasters created acute, critical needs for legal services for people displaced and harmed by storms and fires. In 2017, Hurricanes Harvey, Irma, Maria and Michael struck much of Texas, Florida, and Puerto Rico, displacing millions from their homes. Wildfires burned throughout California and tested the capacity of pro bono and legal aid systems across the state. In 2018, Hurricane Florence flooded North Carolina, and Hurricane Michael devastated the Florida Panhandle. California again suffered wildfires, the largest and most devastating in recorded history. Natural disasters are both more common and more destructive, the “new abnormal.”
Social and economic inequities emerge sharply after each natural disaster. Low-income and vulnerable people both suffer more from disasters and experience heightened barriers to accessing the post-disaster resources necessary to survive, rebuild, and return home. Marginalized and vulnerable populations, in particular, need legal assistance and expertise to overcome these barriers.
Natural disasters also inspire law students, law clinics, law schools and law faculty to help. Law school responses to assisting with post-disaster legal needs have been diverse. Some efforts have been law student initiated, while several law school clinics have provided legal assistance in a variety of ways. Some law schools have launched clinics with a devoted budget and strict focus on disaster practice. Some took on disaster work because it was the greatest need for existing clients and communities. Others shifted the focus of existing clinics to disaster needs, and still others launched temporary clinics in various forms to respond to acute crises. Some wanted to help but did not have ready relationships or resources to be responsive.
Each of the authors has direct experience surviving natural disasters and providing legal assistance from within the academy. This article provides necessary information about the nature of natural disasters, the ecosystem of response systems, and common legal issues for law schools and clinical programs interested in providing legal assistance to disaster-affected communities. It then describes varying models of law school institutional responses to increasingly common natural disasters. Building on lessons learned through these experiences, law schools can develop a blueprint for community-engaged disaster response. Building a framework for institutional responses in the legal academy can advance and improve access to justice for vulnerable communities recovering after a disaster and can provide students with an opportunity to learn from this social justice engagement.
Sackett v. Environmental Protection Agency and the Future of Clean Water Act Jurisdiction Presentation
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Royal C. Gardner et al., Sackett v. Environmental Protection Agency and the Future of Clean Water Act Jurisdiction (2022)Clicking on the button will copy the full recommended citation.
Understanding Philosophical Movements Law Review Editors May Encounter Book Chapter
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Kristen David Adams, Understanding Philosophical Movements Law Review Editors May Encounter, in The Scribes Manual for Law Review Editors (Darby Dickerson and Brooke J. Bowman eds., Carolina Academic Press, 2022)Clicking on the button will copy the full recommended citation.
CISG Article
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Kristen David Adams and Candace Zierdt, CISG, 77 Bus. Law. 1345 (2022)Clicking on the button will copy the full recommended citation.
No More January Sixths: A Constitutional Proposal to Take Politics Out of Presidential Election Mechanics Article
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Paul Boudreaux, No More January Sixths: A Constitutional Proposal to Take Politics Out of Presidential Election Mechanics, 24 U. Pa. J. Const. L. 1029 (2022)Clicking on the button will copy the full recommended citation.
The conduct of Congress on January 6, 2021, exposed the ill-considered legal mechanics of the presidential electoral vote. In both 2017 and 2021, members of Congress “objected” to the Electoral College vote, threatening democracy. Guided by principles of neutrality and humility, this essay identifies potentially partisan vulnerabilities in the current electoral system and proposes three straightforward constitutional amendments. First, the Constitution should remove the ability of state legislatures to choose electors. Second, the Constitution should require expeditious state resolution of popular voting disputes. Third, and finally, the Constitution should remove Congress entirely from presidential electoral mechanics.