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Central and Eastern European Law Initiative in Prague, Czech Republic
No full textOlivia Selgrad [1L] will support CEELI’s work fighting corruption and supporting judicial independence and human rights in over 45 countries around the globe
International Institute for Democracy and Electoral Assistance in The Hague, Netherlands
No full textEmma Battin [2L] will conduct research in support of national constitution building and amendment processes. International IDEA’s CBP program provides assistance to countries undergoing constitutional transitions as they seek to strengthen political institutions, improve electoral processes and promote democracy
Five Important Points about the Founding and their Present Day Implications
No full texthttps://scholarship.law.wm.edu/ibrlposters/1031/thumbnail.jp
The Prosecutor Vacancy Crisis
Get PDFThere is a prosecutor vacancy crisis in the United States. Prosecutors are quitting in droves and there are few applicants to replace them. In Houston and Los Angeles, more than 15% of prosecutor positions are open. In Detroit, the vacancy rate exceeds 20%. In Alameda, 25% of prosecutor positions are empty. And in Miami, a staggering 33% of prosecutor positions are unfilled. The situation is equally dire in many large and small counties across the nation.
Drawing on data and interviews from more than two-dozen district attorney’s offices, this Article documents how low salaries, massive caseloads, lack of remote work options, and crushing discovery burdens have caused an exodus from prosecutors’ offices. Worse yet, many young lawyers no longer perceive prosecution work as admirable public service. Following the murder of George Floyd, law students are more likely to believe that public defenders, rather than prosecutors, are on the side of justice.
Prosecutor vacancies are dangerous to public safety and, counter-intuitively, to criminal defendants, as well. Vacancies lead to junior prosecutors having massive caseloads that they cannot handle. In turn, busy prosecutors fail to dismiss weak cases, leaving innocent defendants to languish in jail. Vacancies also result in junior prosecutors being promoted to senior positions before they are ready. And vacancies cause Brady violations because busy offices fail to provide adequate training, and individual prosecutors lack the time to review their casefiles and recognize Brady material
Speech Regulation and Tobacco Harm Reduction
No full textPart I of this essay describes what is currently understood about the relative health risks of ENDS [electronic nicotine delivery systems] and other vaping products, particularly as compared to combustible cigarettes.
Part II of this essay describes the current regulatory regime governing tobacco products and how this regime has been applied to ENDS and other vaping products.
Part III of this essay explains how the FDA’s regulatory regime hampers the ability of ENDS manufacturers to inform consumers about the relative risks of their products and the potential use of ENDS as smoking cessation aids.
Part IV explains why this regulation of health claims may be having serious negative consequences for public health.
Part V explains why the current regulation of speech about the relative risks of ENDS and other vaping products is highly questionable under current commercial speech jurisprudence insofar as the FDA is prohibiting the communication of truthful information about such products.
This abstract has been adapted from the authors\u27 introduction
Three\u27s a Crowd: Addressing Discrimination Faced by Queer De Facto Parents in Child Custody Standing Proceedings
No full textIn the United States, between five percent and eight percent of adults identify as queer, and as of 2020, fifteen percent of queer couples have children in their households. While recent legal victories have expanded queer rights, family law continues to lag in affording legal recognition to “nontraditional” families. This is particularly problematic for unmarried, queer co-parents who have virtually no legal claims to the children they have raised with their partners. Current standing requirements for custody proceedings treat these de facto parents as legal strangers to their children due to the absence of biological, marital, or adoptive ties. As a result, they face an uphill battle in seeking even visitation rights. In cases where the parental rights of the other biological parent were never formally terminated, the de facto parent is completely precluded from attempting to establish standing from the outset. States are split on the issue of queer de facto parenthood; there is no consistent application of the doctrine in the jurisdictions that recognize it, and several decline to acknowledge it at all. This has created a confusing patchwork of rights, and the inconsistency and uncertainty has disproportionately harmed queer families. This Note argues that, because the discriminatory effect occurs at the standing stage of custody trials, the Fourteenth Amendment’s Due Process Clause can be leveraged to create a burden-shifting standard to put queer de facto parenthood on equal footing with other traditionally recognized modes of parentage. Implementing this standard will afford queer co-parents the opportunity to enforce their rights, thereby safeguarding their children from loss of significant familial relationships
Constitutional Court of Kosovo in Pristina, Kosovo
No full textConnor Cheadle [2L] will intern in the Chambers of the President of the Constitutional Court of Kosovo. The Court reviews and rules on the interpretation of issues relating to Kosovo’s Constitution. Connor will perform comparative constitutional analysis in furtherance of the Court’s compliance with domestic and international legal norms
