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    USA v. James Johnson

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    USDC for the Western District of Pennsylvani

    Robert Gardner v. SEPTA

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    USDC for the Eastern District of Pennsylvani

    Stop Making the Business Case for Diversity

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    Episode notes In recent years, the business case for diversity has emerged as the go-to argument for why organizations should prioritize diversity in their recruiting efforts. Though most organizations don’t feel the need to explain why they care about core values such as innovation, resilience, or integrity, when it comes to diversity, lengthy justifications on the value of hiring a “diverse workforce” have become the norm. At Boston University\u27s Questrom School of Business, Dr. Oriane Georgeac researches how individuals respond to organizations’ messages about diversity and their justifications for why they value diversity in their workforce. Her findings show that organizations relying on a business case to justify diversity among their ranks may inadvertently alienate and hurt their efforts to recruit members of historically underrepresented communities

    Just Action

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    Monday, February 26, 2024 | 12:30 PM | Eck Hall of Law, McCartan Courtroom Join us for a book signing and discussion with the authors Richard and Leah Rothstein. In his first best-selling book, The Color of Law, the Richard Rothstein demolished the de facto segregation myth that Black and White Americans live separately by choice, providing the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation. In his newest effort, Richard Rothstein has partnered with housing policy expert Leah Rothstein to write JUST ACTION: How to Challenge Racial Segregation Enacted Under the Color of Law. JUST ACTION provides viable solutions, based on decades of study and experience, that activists and their supporters can undertake to mitigate the harmful inequities caused by residential segregation. Listen to Richard and Leah Rothstein’s interview with DEI Director Max Gaston on the DEI Podcast! Listen below. It was recording February 16, 2024. Co-sponsors: Notre Dame Law School, Office of Diversity, Equity, and Inclusion Black Law Students Association Real Estate Law Society American Constitution Society of Notre Dame Notre Dame Center for Social Concerns Notre Dame School of Architecturehttps://scholarship.law.nd.edu/ndls_posters/1808/thumbnail.jp

    Copyright Page

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    Deconstructing Burglary

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    The law of burglary has long played a vital role in protecting hearth and home. Because of the violation of one’s personal space, few crimes engender more fear than burglary; thus, the law should provide necessary safety and security against that fear. Among other things, current statutes aim to deter trespassers from committing additional crimes by punishing them more severely based on their criminal intent before they execute their schemes. Burglary law even protects domestic violence victims against abusers who attempt to invade their lives and terrorize them. However, the law of burglary has expanded and caused so many problems that some commentators now argue for its elimination. Given broad discretion, prosecutors use burglary to over-punish a wide variety of offenses. The law can even encompass mere instances of shoplifting. Additionally, by punishing perpetrators before they accomplish their target crimes, burglary law often acts as a general law of attempts. Much of the law’s expansion stems from adding the word “remaining” to many burglary statutes. This inclusion allows burglary convictions in circumstances in which a perpetrator enters a structure legally, but then “remains unlawfully.” While this language has led to confusion among courts and legislatures about the scope of burglary, there is scant legal literature addressing this confusion. Scholars have yet to untangle the conflicting interpretations of unlawful remaining, and legislatures have failed to provide guidance that captures the nuances of burglary law. This Article unravels the complexities of burglary law and proposes a model statute that retains burglary law for its protective purposes, while also considering its problematic expansion

    Singing the Force of the Imagination: How to Wonder About the Emotional-Reportage in Immigration Advocacy

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    In the years leading up to July 4, 1776, Phillis Wheatley bid the imaginations of the American Revolutionaries to spring open by shouting: “Imagination! Who can sing thy force?” Wheatley defined the imagination as the leader of the mental train, and, according to Ciceronian principles, she demonstrated that the imagination is the singular facilitator of human action. Despite numerous calls to venerate American originalism over the past several decades, the founding concept of the imagination remains an underdeveloped topic in the legal field, even while it reigns over the decision-making processes of all U.S. legislators, administrators, and judges. However, on September 21, 2023 the imagination properly invaded Professor Warren Binford’s multi-disciplinary symposium Advocating for Children in Migration, a part of the ongoing Testimony series at the University of Colorado, Anschutz. This event followed the publication of Hear My Voice/Escucha Mi Voz, a children’s book featuring statements of children held in migrant detention facilities compiled by Professor Binford for Project Amplify. In addition, Project Amplify encouraged the creation of BorderX, Do You Know Where the Children Are (DYKWTCA), 365 artworks by Andra, and The Ghost of Abuelito by Kristen Grainger & True North. Still more artworks were debuted at the symposium including Fly to Heal, Soul Echoes, and Still Life Cafe. Even while these artistic bursts of inspiration began to grow, they did not easily cross over into conversations about legal and medical advocacy. Most of the lawyers and doctors at the symposium appeared to believe that the artworks at the event were a completely separate advocacy effort, though discussion about the arts as advocacy was strongly encouraged. This is to be expected in professional circles that are still trained to rely on individual rather than common reason to make strategic decisions. Human beings, imperfect as we are, rarely start out on key, but over time we can improve. Binford’s compilations, symposiums, and events could be a step toward the renewal of the American imagination in professional circles that may inspire us to innovate solutions to the immigration crisis. This article is dedicated to the observation of the stumbling starts of the American professional class toward their ultimate realization that they too are subject to the vivacious force of the imagination over the faultiness of Rationalism

    PETITION TO LIST THE AMERICAN HORSESHOE CRAB UNDER THE U.S. ENDANGERED SPECIES ACT AS AN ENDANGERED OR THREATENED SPECIES AND TO CONCURRENTLY DESIGNATE CRITICAL HABITAT

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    Pursuant to Section 4(b) of the Endangered Species Act (“ESA”), 16 U.S.C. § 1533(b); Section 553(e) of the Administrative Procedure Act, 5 U.S.C. § 553(e); and 50 C.F.R. § 424.14(a), the Center for Biological Diversity (Center, Petitioner) and its partners submit to the Secretary of Commerce and the National Oceanographic and Atmospheric Administration (NOAA) through the NOAA Fisheries a petition to list the American horseshoe crab (Limulus polyphemus) as threatened or endangered and to concurrently designate critical habitat

    Concretizing Abstract Rights: Damages for Intangible Constitutional Injuries Under the Prison Litigation Reform Act

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    BYU Law Review Subscription Information

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