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Articles 1 - 30 of 15417
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Shifting Sands For The Stateless Under The Foreign Sovereign Immunities Act, Vivian Grosswald Curran
Shifting Sands For The Stateless Under The Foreign Sovereign Immunities Act, Vivian Grosswald Curran
Articles
The Foreign Sovereign Immunities Act (FSIA) grants foreign sovereigns immunity from suit in U.S. courts, but also sets forth some exceptions. One exception to a foreign sovereign’s immunity occurs if its expropriation of property violates international law. Where the sovereign has expropriated property from its own nationals, however, the sovereign still remains immune from suit. This “domestic takings” rule is consistent with general principles of international law, although international law increasingly has been challenging a State’s right to mistreat its own nationals. In 2023, in Simon v. Republic of Hungary, the D.C. Circuit considered the issue of stateless plaintiffs, …
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr
KNEA 50th Anniversary
In 1973, the Kansas State College, Pittsburg administration fired thirteen faculty members without cause. In order to improve administration-faculty relations, remaining faculty organized, petitioned for recognition, and drafted PSU/KNEA's first contract with PSU/KBOR, which went into effect five years later. The narrative covering this period draws on Axe Library's KNEA Collection and interviews of former faculty.
Board Of Pharmacy, Anuska Lahiri, Marcus Friedman
Board Of Pharmacy, Anuska Lahiri, Marcus Friedman
California Regulatory Law Reporter
No abstract provided.
The Incoherence Of Evidence Law, G. Alexander Nunn
The Incoherence Of Evidence Law, G. Alexander Nunn
Faculty Scholarship
What is the purpose of evidence law? The answer might seem intuitive. Evidence law exists, of course, to foster verdict accuracy, legitimacy, and efficiency. But these kindred aims often come into conflict. Policy tradeoffs are inescapable in evidence law, meaning that an evidentiary regime must clarify how its normative objectives cohere. Do accuracy, legitimacy, and efficiency work together on equal footing, such that the goal of a code is to maximize each objective to the extent possible? Or does one of evidence law’s aims take precedence over the rest? And if one goal takes priority, what is the role of …
26th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law
26th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Office Of Attorney General: Peter F. Neronha, Attorney General: Access To Public Records Act ; Open Meetings Act (Powerpoint Presentation), Office Of The Attorney General Of Rhode Island, Roger Williams University School Of Law
Office Of Attorney General: Peter F. Neronha, Attorney General: Access To Public Records Act ; Open Meetings Act (Powerpoint Presentation), Office Of The Attorney General Of Rhode Island, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
What Congress Needs To Break The Immigration Reform Stalemate, Maryam T. Stevenson
What Congress Needs To Break The Immigration Reform Stalemate, Maryam T. Stevenson
Catholic University Law Review
This article provides a policy proposal for an immigration reform package that could be successful in the modern-day Congress. It is the second article of a series that began with an analysis of why immigration reform has been unsuccessful over the past 30 years despite bipartisan support. That article argued that polarization combined with the framing of immigration by the media and political elites has caused the public to view immigration as a one-dimensional policy largely defined by border concerns, when in reality, it is a robust policy area that encompasses a number of various issues (i.e. family immigration, skilled …
Legislating Flexibility In The Post-Pandemic Workplace, Madeline Gyory
Legislating Flexibility In The Post-Pandemic Workplace, Madeline Gyory
Villanova Law Review
No abstract provided.
Examining Patent Eligibility, Charles Duan
Examining Patent Eligibility, Charles Duan
St. John's Law Review
(Excerpt)
A firestorm of debate has surrounded the Supreme Court of the United States’s 2014 decision Alice Corp. Pty. Ltd. v. CLS Bank International on the doctrine of patentable subject matter eligibility under 35 U.S.C. § 101. As the Court’s leading articulation of doctrine, which generally excludes from patenting abstract ideas, laws of nature, and natural phenomena, Alice has been criticized as unpredictably vague and overly constrictive of patentability, with the effect of “decimating” patents, innovation, technological investment, and even the United States’ competitiveness against other nations. To support these criticisms and calls for reform, scholars and practitioners have frequently …
Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr
Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr
The University of New Hampshire Law Review
Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.
That the United States has well over fifty-one independent criminal legal systems frustrates efforts …
Evaluating The Impact Of Sb 684 In San Luis Obispo, Andrew Darrell
Evaluating The Impact Of Sb 684 In San Luis Obispo, Andrew Darrell
City and Regional Planning
This study evaluates the impact of California Senate Bill 684 (SB 684) on housing development in San Luis Obispo. SB 684 aims to streamline the approval process for small-scale residential projects to address the state's housing shortage by promoting affordable housing construction. The aim of this report will be to examine the provisions of SB 684 and evaluate the feasibility of development under it. A general overview of the legislative provisions accompanied by legal context will provide a background to the law. Case studies of small lot development will illustrate design decisions that can be incorporated into new SB 684 …
Critical Race Theory Bans And The Changing Canon: Cultural Appropriation In Narrative, Susan Ayres
Critical Race Theory Bans And The Changing Canon: Cultural Appropriation In Narrative, Susan Ayres
Faculty Scholarship
Thirty-five states have enacted critical race theory bans at the level of elementary and secondary public education, and seven states have extended these to the university level. One way to resist these attempts to repress a healthy democracy by whitewashing history is through a pedagogy of antiracism, including literary works. The question of what that would look like involves questions of cultural appropriation, which occurs when one takes from another culture, such as a writer creating a narrative about a character outside of the writer’s cultural identity. This Article considers the story of Ota Benga, brought from the Congo to …
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross
The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross
Villanova Environmental Law Journal
No abstract provided.
Conservation Co-Governance As A Cure: Investigating Aotearoa New Zealand's Conservation Co-Governance Model As A Blueprint For Restoring Navajo Sovereignty In Managing Canyon De Chelly, Shana R. Herman
Villanova Environmental Law Journal
No abstract provided.
The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur
Villanova Environmental Law Journal
No abstract provided.
Federal Powers In A Pandemic, Julia Whitehead, Braden Leach
Federal Powers In A Pandemic, Julia Whitehead, Braden Leach
Georgia State University Law Review
This Article examines how the young federal government responded to infectious diseases to ascertain the limits of federal powers and analyzes how federal powers were used in response to the COVID-19 pandemic.
The Invisibility Of The American Emigrant, Laura Snyder
The Invisibility Of The American Emigrant, Laura Snyder
DePaul Journal for Social Justice
No abstract provided.
"I Can't Breathe": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling
"I Can't Breathe": A Comparison Of Racial Inequity And Police Brutality Observed In France And The United States, Jasmine Oesterling
DePaul Journal for Social Justice
No abstract provided.
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell
Disentangling War From Masculinity: A Framework For Combatting Sexual Violence In Conflict, Taren E. Wellman, Amanda F. Metcalfe, Madisen R. Campbell
DePaul Journal for Social Justice
No abstract provided.
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder
Clearing The Bar: Catharine Waugh Mcculloch And Illinois Legal Reform, Sandra L. Ryder
DePaul Journal for Social Justice
No abstract provided.
Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins
Letter To Our Readers, Mecca Wilkinson, Elle Topacio, Jay Kasperbauer, Miranda Bolin, Sabrina O'Connor, Shaundranique Perkins
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents, Mecca Wilkinson
Table Of Contents, Mecca Wilkinson
DePaul Journal for Social Justice
No abstract provided.
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder
University of Cincinnati Law Review
No abstract provided.
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
University of Cincinnati Law Review
No abstract provided.
Systemic Racism Transformed To Shalom Justice., Bobby West
Systemic Racism Transformed To Shalom Justice., Bobby West
Doctor of Ministry Projects and Theses
ABSTRACT
April 27, 2024
SYSTEMIC RACISM TRANSFORMED TO SHALOM JUSTICE
This study examines the pervasive culture of systemic racism in the church and non-church communities and its impact on America. It argues how culture and systemic racism impact marginalized people (particularly African Americans and brown people) through policies and systems related to money, employment, education, health care, etc. Providing a description or argument for systemic racism formation offers a historical context of changes to shalom justice (society race in the image of God), relational and unilateral power with, power to, power within transformation from injustice to Shalom justice. An exploration …
Opportunity And Oversight: The Nil And College Football Through The Lens Of Ole Miss, Emma Harrington
Opportunity And Oversight: The Nil And College Football Through The Lens Of Ole Miss, Emma Harrington
Honors Theses
Since 2021, student-athletes have been reaping financial benefits of the commercialized use of their name, image, and likenesses (NIL). In addition to engaging in direct endorsement contracts with third party businesses, student-athletes are likewise working with NIL collectives to secure novel forms of funding opportunities. In this thesis, the current system of Name, Image, and Likeness (NIL) utilized in collegiate athletics will be examined. While NIL can be a beneficial source of income and exposure to student athletes across the country, the set of rules, or lack thereof, in effect is not substantial enough to maintain a safe and healthy …
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino
More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino
Journal of Legislation
This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford
There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford
Journal of Legislation
Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.
From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin
From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin
Fordham Law Review
The Voting Rights Act of 1965 (“the Voting Rights Act”) is one of the primary vehicles by which plaintiffs receive injunctive relief ahead of elections. More specifically, § 2 of the Voting Rights Act allows plaintiffs to challenge gerrymandered maps before they are used in contentious elections. However, Justice Kavanaugh’s reframing of the Purcell doctrine in Merrill v. Milligan weakened § 2’s ability to interrupt the use of these maps. This Note discusses how Justice Kavanaugh’s interpretation of the Purcell doctrine recenters the doctrine on bureaucratic inconvenience rather than voter enfranchisement, restricting voters’ access to relief prior to elections. Furthermore, …
The Submerged Administrative State, Gabriel Scheffler, Daniel E. Walters
The Submerged Administrative State, Gabriel Scheffler, Daniel E. Walters
Faculty Scholarship
The United States government is experiencing a reputation crisis: after decades of declining public trust, many Americans have lost confidence in the government’s capacity to perform its basic functions. While various explanations have been offered for this worrying trend, these existing accounts overlook a key factor: people are unfamiliar with the institutions that actually do most of the governing—administrative agencies—and they devalue what they cannot easily observe. The “submerged” nature of the administrative state is, we argue, a central reason for declining trust in government.
This Article shows that the administrative state is systematically submerged in two ways. First, administrative …