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\u3ci\u3eErie\u3c/i\u3e and Forum Selection Clauses
No full textThis article argues that federal courts should apply state law to determine the enforceability of outbound forum selection clauses in diversity cases. Using a hand-collected dataset comparing hundreds of state and federal decisions, the authors show that federal courts enforce such clauses at significantly higher rates, creating incentives for forum shopping and uneven contract rights. They contend that enforceability is a substantive contract issue under Erie and that federal courts lack authority to create federal common law in this area outside §1404(a). The article concludes that applying state law uniformly would prevent inequitable administration and restore coherence to forum selection clause doctrine
Bad for Adults, Worse for K-12 Students: A Response to Josephine Ross’s Abolishing Police Consent Searches Through Legislation
No full textThis invited Response to Josephine Ross\u27s Abolishing Police Consent Searches Through Legislation: Lessons from Scotland applies Professor Ross\u27s insights about consent searches to the context of K-12 schools. Even more than the adults she discusses, minors in schools are especially susceptible to state displays of authority. As a result, what police and courts refer to as consent to a search is more likely to be mere acquiescence. In school with students, as in public with adults, a consent search constitutes a legal fiction.
Nonetheless, this Response suggests that abolition of consent searches in public schools is unlikely. Because administrators have a moral and legal obligation to keep students safe, they seem especially likely to rely on consent searches in responding to such alleged offenses as assault, larceny from the person, and drug distribution. However, school districts can and should create policies that prohibit administrators--except where they are statutorily obligated otherwise from using the fruits of a consent search as the basis for a referral of a student for prosecution in juvenile or criminal court. Avoiding criminalization of school-based misconduct is essential for creating and maintaining the positive staff student relationships on which successful schools depend
The Uptake and Measurement of Alternative Approaches to Domestic Violence Intervention Programs: A Scoping Review
No full textThis scoping review explores the breadth and depth to which Domestic Violence Intervention Programs (DVIPs) in the United States and globally: (a) incorporate components that address the relationship between intimate partner violence (IPV) and social injustice, racism, economic inequality, and adverse childhood experiences (ACEs); (b) use restorative (RJ)/ transformative justice (TJ) practices, individualized case management, partnerships with social justice actors, and strengths-based parenting training in current programming; and (c) measure effectiveness. In 2021, we searched 12 academic databases using a combination of search terms and Medical Subject Headings. In all, 27 articles that discussed at least one key concept relative to DVIP curricula were included in the final review. Findings suggest that very few DVIPs address ACEs and/or the relationship between structural violence, social inequality, and IPV perpetration. Even fewer programs use restorative practices including RJ or TJ. Furthermore, DVIPs use inconsistent methods and measures to evaluate effectiveness. To respond to IPV perpetration more effectively and create lasting change, DVIPs must adopt evidence-informed approaches that prioritize social and structural determinants of violence, trauma-informed care, and restoration
Flanking \u3ci\u3eFeres\u3c/i\u3e: The Camp Lejeune Justice Act of 2022 and the Future of the Military\u27s Sovereign Immunity
Get PDFInequitable Infrastructure: An Empirical Assessment of Federalism, Climate Change, and Environmental Racism
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