Overstudied and Underserved: Uses of the Law to Promote Healthy, Sustainable Urban Communities
A SYMPOSIUM PRESENTED BYTHE PUBLIC INTEREST LAW CENTER OF PHILADELPHIA Thursday, October 6, 2011 View More
THE PRICE OF JUSTICE: HOW THE CAPERTON STANDARD FOR JUDICIAL RECUSAL FELL SHORT, BUT OPENED THE DOOR FOR REFORM OF THE RECUSAL STANDARDS ANYWAY
The role of a judge and his or her resulting discretion over a given case form a powerful and central feature of the legal system in the United States. While it is true that a case is “decided” by a jury, the judge who hears the matter still wields a substantial degree of control over… continue reading
POST-REFERENDUM SUDAN: THE NATION- BUILDING PROJECT AND ITS CHALLENGES
The Comprehensive Peace Agreement (“CPA”), signed on January 9, 2005, brought an end to the brutal civil war (1955-1972; 1983-2005) that engulfed Sudan since its independence in 1956. The CPA was the immediate culmination of the negotiations that ended the hostility between the National Congress Party (“NCP”) and the Sudan People’s Liberation Movement/Army (“SPLM/A”). It… continue reading
WITHOUT RESTORING INSOLVENT UNEMPLOYMENT TRUST FUNDS AND INCREASING FEDERAL RESERVES, THE 2007- 2009 RECESSIONS MAY CAUSE THE DEPLETION OF THE UNEMPLOYMENT TRUST FUND
In light of the recent economic situation in the United States, more individuals have become unemployed, meaning that more individuals have filed for and have obtained unemployment benefits. The purpose of the Federal-State Unemployment Insurance Program is to provide unemployment benefits to workers who are unemployed “through no fault of their own” by giving temporary… continue reading
THE CIRCUIT SPLIT CREATED BY POLLARD V. GEO GROUP, INC.: THE DANGERS OF ALLOWING A BIVENS ACTION WHERE ADEQUATE ALTERNATIVE STATE REMEDIES EXIST
“[T]he States . . . expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.” The above quotation is from the preamble to the Bill of Rights of… continue reading
NO ENTIENDO: STATE V. MARQUEZ, LANGUAGE BARRIERS, AND DRUNK DRIVING
State v. Marquez, the New Jersey Supreme Court had to decide the question of what police officers must do when trying to communicate with a drunk driving suspect who does not speak English or any other common language. Although suspected drunk drivers are obliged by law to submit to a breath test, police officers cannot… continue reading
COMMENTARY ON THE OECD GOOD PRACTICE GUIDANCE ON INTERNAL CONTROLS, ETHICS AND COMPLIANCE
With the February 2010 publication of its Good Practice Guidance on Internal Controls, Ethics and Compliance (“Good Practice Guidance” or “the Guidance”) as Annex II to the November 26, 2009 Further Recommendations for Combating Bribery of Foreign Public Officials in International Business Transactions (“the 2009 Recommendations”), the OECD, through its anti-bribery Working Group (“the OECD… continue reading
TO-GET-HER FOREVER: A MAN HATER’S RIGHT TO SAME- SEX MARRIAGE
Not all same-sex partners are born homosexual. Many people in same-sex relationships are born homosexual, but some choose same-sex relationships. Biologically heterosexual women can choose to live in same-sex relationships with other women: lesbians, bisexuals, transsexuals, or heterosexuals. There are many reasons why a woman might want to marry another woman. A heterosexual person may… continue reading
NEW YORK STATE OF MIND: HOW THE MARRIAGE EQUALITY ACT FORESHADOWS THE REPEAL OF DOMA AND THE POTENTIAL TAX CONSEQUENCES FOR SAME-SEX COUPLES
New York is a place familiar with crises. From the crime outbreak of the 1970s to the financial crisis of 2008, New York has dealt with significant economic and social troubles. Luckily, New York does not remain in a state of decline for long. From the ashes of these crises, New York has discovered ways… continue reading
A LEGAL APPROACH TO THE USE OF HUMAN BIOLOGICAL MATERIALS FOR RESEARCH PURPOSES
Human Biological Materials (HBM) come from individuals in a variety of circumstances. The use of HBM for research purposes raises a host of difficult ethical questions. The law is important in this arena because, in most cases, legal principles significantly influence the making of ethical choices. Following a general overview of research regulation in the… continue reading