IJTIHAD THROUGH THE LENS OF CRITICAL THEORY

The modern era has posed a plethora of philosophical challenges for Islamic scholars and Muslim communities that were unrecognizable in the pre-modern period.  Although the passage of time has brought about seismic shifts in societal values, the religious discourses on certain fundamental questions, especially conventions relating to marital law, are still based on pre-modern assumptions and methodologies.

WHEN LOCAL GOVERNMENTS WAIVER: GIVING BITE TO STUDENTS WITH DISABILITIES' FEDERAL RIGHT TO AVAIL PHYSICAL EDUCATION

Including Students with Disabilities (SWDs) in physical education is a national interest that must be protected. Federal law, codified in the Individuals with Disabilities Act (IDEA), articulates that disability is a natural part of the human experience, and improving educational results for children with disabilities is an essential element of U.S.

THE OMNIPOTENT PROGRAMMER: AN ETHICAL AND LEGAL ANALYSIS OF AUTONOMOUS CARS

When people think of self-driving cars, they most likely conjure up images of themselves relaxing in their car, possibly watching Netflix, while their car takes them to their destination.  While that may not be far from a reality, with the Center for Automotive Research predicting that the first fully autonomous vehicles will be available in 2019, it is not the type of self-driving cars you would see on the market today.  Currently, the National Highway Traffic Safety Administration (NHTSA) has defined vehicle automation as having five different levels.  The first level is level zero, meani

FROM TAX COLLECTOR TO FISCAL PANOPTICON: A SOCIAL HISTORY OF A CENTURY OF FEDERAL INCOME TAXATION

At the current juncture of fiscal uncertainty and pending tax reform, this Article offers an historical perspective by setting taxation in the context of demographic trends.  The Article divides the last century of Federal income taxation legislatively into four periods from enactment in 1913, to codification in 1939, recodification in 1954, and recodification with reform in 1986.  In the first quarter-century, income taxation largely applied to wealthy, white merchants, doctors, and lawyers, who dealt with their Collectors, who in turn were locally prominent political appointees.  All this

MITIGATION OF DAMAGES IN BREACH OF ENTERTAINMENT AND OTHER SERVICE CONTRACTS

"One who commits a breach of contract must make reparation in the form of paying compensatory damages to the aggrieved party.  In determining the amount to be awarded, the aim is to put the aggrieved party in as good a position as that party would have been if performance had been rendered as promised.” “ It is also an almost inflexible proposition that a party who has been wronged by a breach of contract may not sit idly by and allow damages to accumulate, but rather must make reasonable efforts to minimize those damages”.  Although applications of the mitigation principle pervade the rule

NEW JERSEY’S FULL DISCOVERY MANDATE: A LESSON FOR OTHER JURISDICTIONS AND THE NEED FOR FURTHER JUVENILE LAW REFORM

This note considers the recent decision of the New Jersey Supreme Court in In re N.H. that requires the prosecution to provide full discovery to juveniles prior to a waiver hearing, ensuring that the best interests of juvenile offenders are protected. The author proposes that the mandate helps to prevent some of the racial and geographical impacts of not providing full discovery, and discusses the ethical implications of these issues. A brief overview of the juvenile court system, as well as U.S. Supreme Court and New Jersey case law is provided.

A LICENSE TO SELL CASKETS? PREVELENT LICENSING LAWS ON THE LABOR MARKET AND JUDICIAL CONTROL

This article discusses the dramatic rise in occupations that require licenses over the last few decades, as well as the onerous requirements that often accompany the licenses, making it difficult for some individuals to practice their chosen trade. Obtaining and maintaining occupational licenses often requires time, training, and fees. The author argues that this required licensing affects the basic right to earn a living, and thus warrants a different level of scrutiny by the courts than what is usually applied.

HOW DO WE KEEP GUNS OUT OF THE HANDS OF THOSE ON THE TERRORIST WATCH LIST WITHOUT VIOLATING DUE PROCESS

This note addresses the procedural and substantive legal issues that need to be addressed before proposals to prohibit individuals on terrorist and no-fly lists from purchasing guns could be implemented without violating constitutional rights. Currently, individuals on these lists are often unaware of their inclusion, and when they do discover it they are rarely able to discover the reason behind it, nor can they easily appeal the decision. As it stands a blanket prohibition on gun purchases by all individuals on these lists would violate both due process and 2nd Amendment rights.

Pages

Subscribe to Journal of Law & Public Policy RSS