Article discusses the burgeoning field of space law, development is space militarization, and dual-use satellites. Provides a brief overview of space law and war theory, and illustrates tension between bodies of law by exploring issues that dual-use satellites create. Also, discusses public policy implications of war in space, and invites reconsideration of traditional laws of war to better encompass space-time conflict. View More
Comment discusses current and proposed disciplinary mechanisms in schools. Illustrates the notion that suspension and expulsion practices, like corporal punishment, need to be left in the past; and extolls the benefits of restorative justice models in lieu of current suspension and expulsion measures. Starts by showing how suspension and expulsion practices violate Due Process rights under the Fourteenth Amendment.
Article discusses “Do Not Attempt Resuscitate” (DNAR) orders describing their effects on educators and schools. Author recognizes how the legal and practical considerations are highly complex, and how this issue is very emotionally charged. Focuses on the dilemma faced by educators when they are forced to follow DNAR orders, and how schools are not equipped to address these issues.
On October 3rd, 2017, the United States Supreme Court heard oral arguments for the case Gill v. Whitford. This case arose from an appeal from a District Court ruling which found that the Republican controlled Wisconsin legislature’s congressional redistricting plan was drafted and enacted with the intent of systematically disadvantaging the voting strength of Democrats statewide and was thus an unconstitutional gerrymander.
In recent decades the United States has seen a rise in jurisprudence surrounding the gay community but it was not until the last five to ten years that there has been an exponential increase in cases surrounding transgender rights. The issue of transgender “bathroom rights” rose to the forefront of the media in March 2016 when the North Carolina General Assembly passed the “Public Facilities Privacy & Security Act” better known as “House Bill 2” or “HB2.”
This article examines the tensions that exist between legal constructs (as traditionally conceived and practiced) and present society. More specifically, this article delves into and revisits one of law’s most enduring legal fictions: The legal concept of the Reasonable Person. The central question this article addresses is: Does this enduring legal fiction, utilized since the inception of American society, require a conceptual reassessment due to the fact that it bears little if any resemblance to the world from and for which it was created?