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All Volumes | Volume 86 | Issue 2

I’ll Believe it When I C It: Rethinking 501(c)(3)’s Prohibition on Politicking

Jennifer Rigterink | Comment

The United States Supreme Court’s decision in Citizens United v. FEC challenged fundamental notions of free speech jurisprudence. While many commentators have focused on the decision’s implications for corporate speech, this Comment examines whether the new First Amendment paradigm announced in Citizens United will challenge current speech restrictions on churches and other entities organized under § 501(c)(3). Not only does this Comment propose that such restrictions could potentially be invalidated based on the Court’s reasoning in Citizens United, but also that practical factors relating to compliance and enforcement problems inherent in § 501(c)(3) indicate the ban should be amended. This [...]

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Juvenile Criminal Responsibility: Can Malice Supply the Want of Years

Craig S. Lerner | Article
Can the young be held accountable for their crimes? At common law, juveniles were entitled to a presumption of incapacity, but were subject to criminal liability on an individualized basis: demonstrated malice supplied the want of years. In Graham v. Florida, the United States Supreme Court rejected this principle and held that juveniles categorically could not be sentenced to life without parole for crimes other than homicide. This Article argues that embedded in the Court’s holding is a simplifying assumption about the relative maturity of juveniles and adults and a moral claim about the culpability of homicides and nonhomicides—both this [...]
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Documentary Disenfranchisement

Jessie Allen | Article

In the generally accepted picture of criminal disenfranchisement in the United States today, permanent voting bans are rare. Laws on the books in most states now provide that people with criminal convictions regain their voting rights after serving their sentences. This Article argues that the legal reality may be significantly different. Interviews conducted with county election officials in New York suggest that administrative practices sometimes transform temporary voting bans into lifelong disenfranchisement. Such de facto permanent disenfran-chisement has significant political, legal, and cultural implications. Politically, it undermines the comforting story that states’ legislative reforms have ameliorated the antidemocratic interaction of [...]

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Breaking the Grip of the Administrative Triad: Agency Policy Making under a Necessity-Based Doctrine

Michael Ray Harris | Article
The justification for the modern American administrative state is built on a belief that (1) limited congressional delegation, (2) cabined executive discretion, and (3) properly exercised judicial deference are akin to the system of checks and balances established by the nation’s Founders. In this Article, I propose that the time has come to rid ourselves of this legal fiction, particularly as it has developed in two well-known (and highly criticized) lines of administrative cases: the United States Supreme Court’s Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., jurisprudence and the United States Court of Appeals for the District of [...]
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The Illusion of Amateurism: A Climate of Tortious Interference in the World of Amateur Sports

Craig D. Alfred | Comment
When a player-agent pays an NCAA-eligible player in violation of NCAA regulations, the agent usually suffers no consequences. Instead, players and the universities they attend are sanctioned, often harshly. Attempts to find a solution to this problem–NCAA regulations, regulations of professional players associations, and state and federal legislation–have thus far been unsuccessful. There is a potential remedy, however: the tortious interference with contractual relations claim. When a gifted student-athlete decides to attend and play a sport at an NCAA-member university, the student-athlete typically receives a scholarship offer from the school and signs a National Letter of Intent. This Comment establishes [...]
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