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In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court Dec 2019

In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF IN SUPPORT OF PETITIONERS BY LATINOJUSTICE AMICI


In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court Dec 2019

In Re: Mary Doe And Jane Doe, Petitioners. : Amicus Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF AMICUS CURIAE UNIVERSITY OF UTAH,
S.J. QUINNEY COLLEGE OF LAW IN SUPPORT OF PETITIONERS


A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek Dec 2019

A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek

Journal of Civil Law Studies

The pervasive proliferation of rumors, through #MeToo and #BalanceTonPorc, communicates meaningful and meaningless-making processes on misconducts both in the French and U.S. con-texts. Such rumors have transformed the online practices by culti-vating both verbal and non-verbal hate speech free and/or free speech. This cacophony of speech, law, and persona has led to a debate relayed on social media platforms, exposing people to a dan-ger zone mostly based as shame, hate, fear, or even destruction, as anonymity and due process no longer prevail.


Targeted Job Advertisements On Social Media: An Age-Old Practice In A New Suit, Joseph Nelson Jr. Dec 2019

Targeted Job Advertisements On Social Media: An Age-Old Practice In A New Suit, Joseph Nelson Jr.

Global Business Law Review

This Note argues that an employer’s use of social media sites to "micro-target" potential job applicants is not per se unlawful under the Age Discrimination in Employment Act (ADEA). Rather, recruitment practices that target a specific age group are permissible under the ADEA when those recruitment practices are part of a broader recruitment strategy. When analyzing job advertisements on social media platforms, courts should not only consider the context of the advertisement, but also whether the advertisements are available through other resources. Such an analysis would allow employers to take advantage of the streamlined recruitment platforms available through social media …


Kamala Harris And The Complexity Of Racial Identity Politics, Vinay Harpalani Dec 2019

Kamala Harris And The Complexity Of Racial Identity Politics, Vinay Harpalani

Faculty Scholarship

Vinay Harpalani reviews Kamala Harris' run as Democratic nominee for President, contrasting her challenges with Barak Obama's campaign to show how racial identity politics are complicated and constantly evolving as well as the intersectional, or multifaceted, issues Kamala faced during her candidacy.


Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu Dec 2019

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …


Paternity And The Quasi-Marital Child, The Honorable Diana Tennis Dec 2019

Paternity And The Quasi-Marital Child, The Honorable Diana Tennis

Child and Family Law Journal

No abstract provided.


The Human Right To A Fair Start In Life, Matthew Hamity Esq. Dec 2019

The Human Right To A Fair Start In Life, Matthew Hamity Esq.

Child and Family Law Journal

No abstract provided.


Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq. Dec 2019

Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.

Child and Family Law Journal

No abstract provided.


"Incitement Lite" For The Nonpublic Forum, Leslie Gielow Jacobs Dec 2019

"Incitement Lite" For The Nonpublic Forum, Leslie Gielow Jacobs

Brooklyn Law Review

The incitement exception set out in Brandenburg v. Ohio defines the authority of the government, acting in its sovereign capacity, to impose criminal punishment on speakers because the content of their advocacy may persuade listeners to commit crimes. Nonpublic forum managers have much greater flexibility than the government-as-sovereign to restrict the private speakers they invite onto their property because the content of their speech may persuade listeners to engage in harmful conduct. In nonpublic forum management, speakers experience no sanctions and, unlike the government-as-sovereign, nonpublic forum managers may close their forums to all private speakers to avoid unwanted speech. This …


The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger Dec 2019

The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger

Brooklyn Journal of International Law

Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not …


Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka Dec 2019

Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka

Brooklyn Journal of International Law

The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that …


Assumptions About “Terrorism” And The Brandenburg Incitement Test, Christina E. Wells Dec 2019

Assumptions About “Terrorism” And The Brandenburg Incitement Test, Christina E. Wells

Brooklyn Law Review

The incitement standard announced in Brandenburg v. Ohio, which bars government officials from punishing advocacy of illegal activity unless it is directed and likely to imminently incite such activity, is one of the most speech-protective tests in the Supreme Court’s jurisprudence. However, terrorist advocacy – glorification of violence, spreading of propaganda, and recruitment of individuals to their cause – is putting pressure on the Brandenburg standard. Scholars have suggested working around Brandenburg’s incitement standard to counter the dangerous influence of terrorist advocacy, especially online advocacy. Although scholars’ concern with the harms of terrorism is understandable, their willingness to alter Brandenburg …


Words We Fear: Burning Tweets & The Politics Of Incitement, Rachel E. Vanlandingham Dec 2019

Words We Fear: Burning Tweets & The Politics Of Incitement, Rachel E. Vanlandingham

Brooklyn Law Review

The United States government has long wrestled with the link between speech and violence, periodically employing speculative claims of potential violence and law-breaking to suppress political speech in times of national insecurity. By the late 1960s, however, the Supreme Court fully operationalized the First Amendment’s premise that most government speech suppression is antithetical to self-government, individual autonomy, equality, and liberty. The Court therefore, required immediacy of potential violence before the government could punish speech advocating such illegality, but left private actors free to censor and suppress speech. Today, social media companies, at the behest of the government, are doing what …


Chasing Title Ix: Examining The Circular Effects Of Title Ix From An Unpopular Perspective, Mitchell W. Bild Dec 2019

Chasing Title Ix: Examining The Circular Effects Of Title Ix From An Unpopular Perspective, Mitchell W. Bild

Seventh Circuit Review

The rise in sexual misconduct awareness campaigns, particularly on college campuses, has brought a traditionally-taboo subject to the fore of national discourse. Accordingly, the federal government has required public institutions of higher education to respond aggressively to accusations of sexual misconduct by expanding the reach of Title IX’s prohibition on sex discrimination and relaxing adjudicative procedures. To enforce these changes, the U.S. Department of Education threatened to withdraw federal funding from institutions that failed to comply with its mandates after engaging in public investigations, therefore resulting in financial and reputational ruin. This aggressive practice has resulted in a systematic and …


The Long Road To Uluru And Beyond, Fred Chaney, Greg Carne Dec 2019

The Long Road To Uluru And Beyond, Fred Chaney, Greg Carne

The University of Notre Dame Australia Law Review

No abstract provided.


Testimony Of Marcy L. Karin In Support Of B23-0494. The "Ban On Non-Compete Agreements Amendment Act Of 2019", Marcy L. Karin Dec 2019

Testimony Of Marcy L. Karin In Support Of B23-0494. The "Ban On Non-Compete Agreements Amendment Act Of 2019", Marcy L. Karin

D.C. Council Testimony

No abstract provided.


Is Religion The Lost Diversity In Education In An Era Of ‘Militant Secularists’?, Charles Russo Dec 2019

Is Religion The Lost Diversity In Education In An Era Of ‘Militant Secularists’?, Charles Russo

The University of Notre Dame Australia Law Review

No abstract provided.


More Than Just Precedent: Perspectives On Judgment Writing, Katrina Banks-Smith Dec 2019

More Than Just Precedent: Perspectives On Judgment Writing, Katrina Banks-Smith

The University of Notre Dame Australia Law Review

No abstract provided.


Prevention Yields Protection: How The Implementation Of Preventative Legislation Could Reduce Human Trafficking In Michigan, Yasmeen Naoum Dec 2019

Prevention Yields Protection: How The Implementation Of Preventative Legislation Could Reduce Human Trafficking In Michigan, Yasmeen Naoum

Valparaiso University Law Review

No abstract provided.


International Standards For Protection Of Religious Freedom, Anthony Peirson Xavier Bothwell Dec 2019

International Standards For Protection Of Religious Freedom, Anthony Peirson Xavier Bothwell

Annual Survey of International & Comparative Law

The Universal Declaration of Human Rights, inspired by the “four freedoms” articulated by Franklin D. Roosevelt, proclaims but does not define the religious liberty that is the birthright of all people. Four centuries ago, when few people were free, religious ideas fostered the development of some of the fundamental principles of the law of nations. As international law has matured, increasingly it has recognized the right of individuals and groups to pursue their own religions and beliefs. The United Nations system has generated an array of international conventions, covenants, and resolutions which today articulate the rights of adherents to all …


Involuntary Dissolution: Theory And Operation In Publicly Traded Corporations, Dr. Murat Can Pehlivanoglu Dec 2019

Involuntary Dissolution: Theory And Operation In Publicly Traded Corporations, Dr. Murat Can Pehlivanoglu

Annual Survey of International & Comparative Law

Involuntary dissolution is recognized as the primary mechanism to monitor opportunism and remedy the aggrieved minority shareholders of corporations. Contrary to general understanding, involuntary dissolution is not idiosyncratic to close corporations. However, its application to publicly traded corporations requires an approach different than the one for close corporations. This note discusses and recommends the approach necessary to justify and effectively enforce involuntary dissolution statutes’ application in the context of publicly traded corporations. It expresses the opinion that the contractual view of corporate law would provide the theoretical basis necessary to construe the statute for publicly traded corporations and exemplifies its …


Front Matter Dec 2019

Front Matter

Annual Survey of International & Comparative Law

Front Matter includes the masthead, dedication, editorial, School of Law faculty, and Table of Contents.


Must A Physician Treat A Disruptive Or Abusive Patient Or Can The Doctor Fire That Person?, Samuel D. Hodge, Jr. Dec 2019

Must A Physician Treat A Disruptive Or Abusive Patient Or Can The Doctor Fire That Person?, Samuel D. Hodge, Jr.

DePaul Journal of Health Care Law

No abstract provided.


Copyright’S Facelift: An Analysis Of The New Look Of Copyright Following The Music Modernization Act And The United States-Mexico-Canada Agreement, Octavious A. Buiey Jr. Dec 2019

Copyright’S Facelift: An Analysis Of The New Look Of Copyright Following The Music Modernization Act And The United States-Mexico-Canada Agreement, Octavious A. Buiey Jr.

University of Miami Inter-American Law Review

No abstract provided.


Maintaining Scholarly Integrity In The Age Of Bibliometrics, Andrew T. Hayashi, Gregory Mitchell Dec 2019

Maintaining Scholarly Integrity In The Age Of Bibliometrics, Andrew T. Hayashi, Gregory Mitchell

Journal of Legal Education

No abstract provided.


Meeting His Wife - A Conversation With Marcus Cole, Marcus Cole Dec 2019

Meeting His Wife - A Conversation With Marcus Cole, Marcus Cole

2019–Present: G. Marcus Cole

G. Marcus Cole is the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

He was appointed by University President Rev. John I. Jenkins, C.S.C., and began his term on July 1, 2019. He is the 11th dean in the history of Notre Dame Law School.


One Salvadoran Mother Was Determined To Bring Her Son To The U.S. Legally— It Took 24 Years, Maggie Veatch Dec 2019

One Salvadoran Mother Was Determined To Bring Her Son To The U.S. Legally— It Took 24 Years, Maggie Veatch

Capstones

Desperate for a better life, Daysi Perla fled violence in El Salvador to provide a better life for her ten-year-old son. She immediately received temporary legal status. But by the time the paperwork for her son was processed, he was 34 years old with a 5-year-old child of his own. This is a story of a broken immigration system, and shows why Salvadorans are now risking their children's lives by bringing them to the U.S.

Link: http://maggieveatch.com/Capstone/


Editors' Preface And Precedential Opinion Summary, Timothy J. Muyano, Thalia Malespin, Matthew D. Venuti, Brett E. Broczkowski Dec 2019

Editors' Preface And Precedential Opinion Summary, Timothy J. Muyano, Thalia Malespin, Matthew D. Venuti, Brett E. Broczkowski

Villanova Law Review

No abstract provided.


We're Soarin', Flyin' : The Third Circuit Holds Travelers May Sue Transportation Security Officers In Pellegrino V. United States Transportation Security Administration, Division Of Department Of Homeland Security, Lauren E. Pugh Dec 2019

We're Soarin', Flyin' : The Third Circuit Holds Travelers May Sue Transportation Security Officers In Pellegrino V. United States Transportation Security Administration, Division Of Department Of Homeland Security, Lauren E. Pugh

Villanova Law Review

No abstract provided.