Now showing items 1-10 of 72
Honoring Sovereignty: Aiding Tribal Efforts to Protect Native American Women from Domestic Violence
Native American women who are victims of domestic violence face many obstacles and issues not necessarily faced by white women who are victims of domestic violence. This comment examines the effect domestic violence has ...
The Not-So-Mandatory Individual Mandate.
The Patient Protection and Affordable Care Act (PPACA) contains an individual mandate which applies to most citizens requiring a minimum level of health care coverage. The individual mandate is enforced by a tax penalty ...
It’s Debatable: Gay Marriage: Is It Right or Wrong?
A debate over whether gay marriage is right or wrong.
Musings of a Relatively New FAR
Professor Brian D. Shannon offers insight into the challenges and opportunities facing a new FAR and gives an overview of his journey into the position.
Beyond Congress's Reach: Constitutional Aspects of Inherent Power
This article examines Article III judicial power and other independent court powers implied by Article III’s grand of judicial power along with the limits on Congress’s power to tamper with them. The author proposes that ...
The Last Should Be First—Flip the Order of the Chevron Two-Step
This article focuses on aspects of the Chevron deference doctrine. It discusses a number of cases and characteristics defining their boundaries around the applicability of the doctrine, and also discusses the two-step ...
If Charity Begins at Home, Why Do We Go Searching Abroad? Why the Federal Adoption Tax Credit Should Not Subsidize International Adoptions
Currently, nearly half a million children reside in United States foster care, some “aging out” without ever having been adopted. As incentive for placing children from foster care in permanent homes, Congress passed a ...
Feed Me Seymour: The Never-Ending Hunger of the Criminal Process for Procedural Rights and Removing Children from Its Shop of Horrors
In preparation for participation in Professor Arnold Loewy's Texas Tech University School of Law Annual Criminal Law Symposium, I was tasked with a specific query: Do (should) juveniles have more, less, the same, or different ...
Juveniles and the Constitution
A presentation exploring juveniles’ rights under the U.S. Constitution. Topics include: the establishment of religion; free speech in school; free speech outside of school; search and seizure in school; personal autonomy; ...
Public Participation Without a Public: The Challenge for Administrative Policymaking
A new executive order issued by President Obama is designed to promote the international harmonization of regulations in order to achieve its ultimate goal of facilitating international trade. But these harmonization ...