Dec 1, 2019 | Article, Criminal Procedure, Mae C. Quinn
By Mae C. Quinn Abstract Courtroom sentencing, as part of the judicial process, is a long-standing norm in the justice system of the United States. But this basic criminal law precept is currently under quiet attack. This is because some states are now allowing parole...
Dec 1, 2019 | Article, David Gray, Fourth Amendment, Privacy Law
By David C. Gray Abstract In 2013, reports based on documents leaked by former National Security Agency contractor Edward Snowden revealed committed efforts by federal agencies to develop and deploy data surveillance technologies. These revelations documented the...
Dec 1, 2019 | Article, Carliss N. Chatman, Feature, Legal Ethics and Professional Responsibility, Legal Profession, Securities
By Carliss Chatman Abstract Notwithstanding the political grandstanding and legal regimes put in place to prevent the next Enron, this article explores whether attorney whistleblower provisions provided in the Standards of Professional Conduct for Attorneys Appearing...
Dec 1, 2019 | Article, Bankruptcy, Feature, John Patrick Hunt
By John P. Hunt Abstract Student loans, unlike other debts, are not dischargeable in bankruptcy unless the debtor starts a special proceeding and proves that repayment would cause “undue hardship.” This requirement probably accounts for the fact that only a tiny...
Dec 1, 2019 | Article, Courts, Feature, Legal Profession, Tanya Pierce
By Tanya Pierce Abstract What happens when law changes but courts and lawyers ignore the changes? On December 1, 2015, amendments to the Federal Rules of Civil Procedure went into effect. One of those amendments includes a sweeping change to Rule 37(e), dealing with...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, First Amendment, Lackland H. Bloom, Jr., Supreme Court of the United States, Symposium
By Lackland H. Bloom, Jr. Abstract One hundred years ago, the Supreme Court embarked on its first serious consideration of the First Amendment’s guarantee of freedom of speech. In 1919, the Court upheld four federal criminal convictions over First Amendment defenses....
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, Dale Carpenter, First Amendment, Sexuality and the Law, Symposium
By Dale Carpenter Abstract In 1924, Illinois issued a charter for a non-profit corporation, the Chicago-based Society for Human Rights (SHR). The group’s founder, Bavarian-born Henry Gerber, borrowed its name from a gay rights group in 1920s Germany, where the...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, First Amendment, Jurisprudence, Larry Alexander, Symposium
By Larry Alexander Abstract In 1919, in Schenck v. United States and Abrams v. United States, the U.S. Supreme Court made its initial foray into establishing the meaning of the First Amendment’s free speech clause. Those cases involved prosecutions that were...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, First Amendment, Kent Greenawalt, Symposium
By Kent Greenawalt Abstract A central issue about redundancy concerns how far the exercise of religion is simply a form of speech that is, and should be, constitutionally protected only to the extent that reaches speech generally. Insofar as a constitutional analysis...
Sep 1, 2019 | 100th Anniversary of Schenck and Abrams, Article, Constitutional Law, First Amendment, Ronald J. Krotoszynski, Jr., Supreme Court of the United States, Symposium
By Ronald J. Krotoszynski, Jr. Abstract Justice Oliver Wendell Holmes pioneered the clear and present danger test as the constitutional yardstick for determining when the government could punish speech that might cause social harms. The Supreme Court’s decision...
