Search Results - "Columbia journal of law and social problems"

In the Shadow of the Bench: Judicial Discretion to Reject Plea Agreements by McDonough, Dylan R

“…In 2021, over 98% of criminal cases at the federal level terminated in guilty pleas, many of which were the result of plea agreements between the prosecution…”
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Nomos and Narrative in New York: Expanding Religious Liberty Rights, Hasidic Yeshivas, and New York Education Law by Hainbach, Samuel B

“…In 1983, Robert Cover challenged the U.S. Supreme Court's approach to conflicts between the law of the state and the religious commitments of "insular…”
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Creating a Safer Haven: A Post- Dobbs Proposal for a Model Infant Safe Haven Law by Wagner, Rachel M

“…Following a rash of headlines about infant abandonments in the 1990s, every state passed a Safe Haven Law (SHL) which permits the anonymous surrender of…”
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Set It in Stone: Patagonia and the Evolution toward Stakeholder Governance in Social Enterprise Business Structures by Lu, Ray

“…In September 2022, outdoor apparel company Patagonia captured national attention when it announced that a specially designed trust and nonprofit would own and…”
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Indigeneity in the Classroom: Avenues for Native American Students to Challenge Anti-Critical Race Theory Laws by Serrurier, Alex H

“…Native American students in public schools face barriers to educational achievement due to racism, prejudice, and ignorance from fellow students, teachers, and…”
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After Reaching the Courthouse Door: Why Lack of Affirmative Assistance Post-Pleading Violates Prisoners' Access to Courts Right by Ardehali, Yasmine

“…"Meaningful" access to the courts is a fundamental right under the Constitution's Due Process Clause. But for incarcerated persons, this access is severely…”
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Holder v. Humanitarian Law Project's Shadow: When Fear Suppresses Disfavored Voices by Kimble, John

“…In 2010, the Supreme Court held in Holder v. Humanitarian Law Project (HLP) that "material support, " as defined in § 2339B of the Antiterrorism and Effective…”
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A Necessary Recalibration: Why the Ministerial Exception's Bar on Whistleblower Actions Harms Teachers and Students by Morillo, Christopher

“…The "ministerial exception" is a First Amendment shield for religious institutions facing employment-related lawsuits. The Catholic Church, for example, might…”
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Roadblocks to Finding Home: Traditional Domicile Analysis' Fundamental Unworkability for Military Families by Talati, Haley E

“…Domicile, or one's "true home," has ramifications about personal jurisdiction, federal court diversity jurisdiction, taxation, and family law. Typically,…”
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Considering Competency: The Need for States' Death with Dignity Statutes to Establish Competency Committees by Older, Andrew J

“…Nine1 states and the District of Columbia have statutes which legalize physician-assisted death (PAD),2 the process by which a "physician provid[es], at the…”
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"Religious" Secularism and Legitimacy in American Democracy by Fay, Julia E

“…This Note seeks to contribute to scholarship on the growing tension between secularism and religion in the United States by considering the claim, made by some…”
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A Taking by Another Name: Challenging Historic Preservation After Cedar Point by Winesett, Matthew H

“…In the 1922 case Pennsylvania Coal v. Mahon, Justice Holmes proclaimed that regulations going "too far" constituted takings under the Fifth Amendment. But over…”
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He/She/They "Say Gayß: A First Amendment Framework for Regulating Classroom Speech on Gender and Sexuality by Kayal, Zachary A

“…In an era of profound polarization over the nature of gender and sexuality, and children's exposure to discussions thereof, states and school boards of all…”
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Lethal Paralytics and the Censorship of Suffering by Brazer, Drew S

“…Approximately two dozen states utilize a three-drug lethal injection method to execute condemned persons. This protocol consists of (i) an anesthetic or…”
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Making It Right: Preserving Wrongful Birth After Dobbs by Statz-Geary, Natasha

“…In overturning Roe v. Wade, the U.S. Supreme Court opened the floodgates for anti-abortion laws to sweep the country, radically transforming the legal…”
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If at First You Don't Succeed, Try, Try Again: Why College Athletes Should Keep Fighting for "Employee" Status by Shults, Jennifer A

“…Beginning in the 1980s, innovations in television turned college sports from a modest, regional industry into a sprawling, billion-dollar enterprise. The…”
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Prose to Policy: How Wendell Berry's Distinct Strain of Agrarianism Can Influence Farm Policy by Sherrick, Jack

“…Industrial agricultural practices have greatly increased food yields but cause significant harm to the environment and rural communities. Over half of the…”
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Just Cause We Can: Ending At-Will Employment and Avoiding Preemption by Kazlow, Nathaniel

“…Unlike most European, countries, the United States does not generally provide "just-cause" protections for its employees, meaning most workers are employed "at…”
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Shielding Science: The Scientific Integrity Act and Enforcing Firewalls Between Science and Politics by Berman, Emily J

“…During the Dump administration, civil servants, watchdogs, and elected officials repeatedly accused political appointees of censoring, altering, or otherwise…”
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Putting the Blindfolds on Driverless Panopticons by Pearson, Alastair

“…Autonomous vehicle (AV) deployment will radically reshape the relationship between Americans and their cars. A society which has long prized private car…”
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