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Articles 31 - 60 of 91
Full-Text Articles in Entire DC Network
Discrimination And Association, Caleb C. Wolanek
Discrimination And Association, Caleb C. Wolanek
Concordia Law Review
In September 2016, the United States Commission on Civil Rights issued a report entitled Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties. In that report, the Commission argued that the law permits—and justice requires—that decision-makers prioritize nondiscrimination over civil liberties like freedom of religion and freedom of association. For example, the report endorsed the view that religious liberty should be limited as much as possible to freedom of belief; conduct “should conform to law.” This is because religion is discriminatory and can be used as a front for discriminatory activities. Nondiscrimination policies, in contrast, “are of preeminent importance.” Religious exemptions …
1866 - Report Of The Commissioner Of Indian Affairs For 1866
1866 - Report Of The Commissioner Of Indian Affairs For 1866
US and Indian Relations
Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.
1868 - Report Of The Commissioner Of Indian Affairs For 1868
1868 - Report Of The Commissioner Of Indian Affairs For 1868
US and Indian Relations
Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.
Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett H. Mcdonnell
Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett H. Mcdonnell
Seattle University Law Review
Part I begins by considering the leading benefits and costs for a benefit corporation that chooses to go public. It starts there both to begin gaining an understanding of the challenges public companies will face and also to consider whether going public is likely to actually be an attractive option at all for some set of social enterprises. Some of the benefits and costs of going public are the same for benefit corporations as for ordinary corporations—access to new sources of capital and new accountability mechanisms are benefits, but legal compliance and pressures from shareholders to show quick results are …
Santa Clara Magazine, Volume 58 Number 1, Spring 2017, Santa Clara University
Santa Clara Magazine, Volume 58 Number 1, Spring 2017, Santa Clara University
Santa Clara Magazine
24 - BIG WIN FOR A TINY HOUSE Turning heads and changing the housing game. By Matt Morgan.
28 - $100 MILLION GIFT TO BUILD John A. ’60 and Susan Sobrato make the largest gift in SCU history. Now see the Sobrato Campus for Discovery and Innovation that will take shape—and redefine the University. Illustration by Tavis Coburn.
36 - CUT & PASTE CONSERVATION We can alter wild species to save them. So should we? By Emma Marris. Illustrations by Jason Holley.
44 - INFO OFFICER IN CHIEF From his office overlooking the White House, Tony Scott J.D. ’92 set …
How Photographs Infringe, Terry S. Kogan
How Photographs Infringe, Terry S. Kogan
Utah Law Faculty Scholarship
Courts and commentators have lavished attention on the question of what makes a photograph original and entitled to copyright protection. Far less attention has been devoted to the issue of how photographs infringe. This is the first Article to systematically explore the different ways in which a photograph can steal intellectual property. Photographs can infringe in two ways: by replication and by imitation. A photograph infringes by replication when, without permission, a photographer points her camera directly at a copyright-protected work—a sculpture, a painting, another photograph—and clicks the shutter. A photograph can also infringe by imitation. In such cases, the …
Conviction Integrity Units Revisited, Barry Scheck
Conviction Integrity Units Revisited, Barry Scheck
Articles
“Conviction Integrity Unit” has become a brand name that has good public relations value for an elected official. But what does it really mean? Is it just a fashion accessory, a flashy but empty appellation intended to convey the idea that the office is extremely serious about correcting wrongful convictions and holding its own members accountable for errors or acts of misconduct, but really is not? Is conviction integrity nothing more than a passing fad, a nebulous slogan without real meaning that is good for propaganda purposes, but will not bring about any serious change in the way business is …
Problems With Destination-Based Corporate Taxes And The Ryan Blueprint, Reuven S. Avi-Yonah, Kimberly Clausing
Problems With Destination-Based Corporate Taxes And The Ryan Blueprint, Reuven S. Avi-Yonah, Kimberly Clausing
Articles
With the election of Donald Trump and the Republican Party’s domination of Congress, House Speaker Paul Ryan’s blueprint for fundamental tax reform requires more careful analysis. The Ryan blueprint combines reduced individual rates with a destination-based cash flow type business tax applicable to all businesses. The destination-based business tax at the center of the blueprint has several major problems: It is incompatible with our WTO obligations, it is incompatible with our tax treaties, and it will not eliminate the problems of income shifting and inversions it is designed to address. In addition, these proposals generate vexing technical problems that are …
Captive Or Criminal?: Reappraising The Legal Status Of Ira Prisoners At The Height Of The Troubles Under International Law, Samantha Anne Caesar
Captive Or Criminal?: Reappraising The Legal Status Of Ira Prisoners At The Height Of The Troubles Under International Law, Samantha Anne Caesar
Duke Journal of Comparative & International Law
For the citizens of Ireland and Great Britain, the second half of the twentieth century represents a period of great political struggle. The historical debate concerns the constitutional status of Northern Ireland; that is, whether the six northeastern most counties on the emerald isle belong to Ireland or to the United Kingdom. The late 1960s through the early 1990s is referred to commonly as “The Troubles,” a time rife with political struggle, violence, and reactionary laws aimed at restricting civil liberties in the name of security. One topic of contention during this era relates to the political status of prisoners …
Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo
Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo
Charles J. Russo
Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,2 likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …
A Modest Memo, Yxta Maya Murray
A Modest Memo, Yxta Maya Murray
Michigan Journal of Race and Law
A Modest Memo is a satire in the form of a legal memo written for President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico “Wall” via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, “hold them hostage”) until Mexican President Enrique Peña Nieto wired the United States sufficient monies for construction. The memo, which is entirely the product of my imagination and legal study, contemplates one of the many possible worst case scenarios threatened by the Trump presidency. Through the arts of law and literature, I aim …
Terrorist Speech On Social Media, Alexander Tsesis
Terrorist Speech On Social Media, Alexander Tsesis
Vanderbilt Law Review
The presence of terrorist speech on the internet tests the limits of the First Amendment. Widely available cyber terrorist sermons, instructional videos, blogs, and interactive websites raise complex expressive concerns. On the one hand, statements that support nefarious and even violent movements are constitutionally protected against totalitarian-like repressions of civil liberties. The Supreme Court has erected a bulwark of associational and communicative protections to curtail government from stifling debate through overbroad regulations. On the other hand, the protection of free speech has never been an absolute bar against the regulation of low value expressions, such as calls to violence and …
Corporate Tax Avoidance: Addressing The Merits Of Preventing Multinational Corporations From Engaging In The Practice And Repatriating Overseas Profits, Alexander J. Morgenstern
Corporate Tax Avoidance: Addressing The Merits Of Preventing Multinational Corporations From Engaging In The Practice And Repatriating Overseas Profits, Alexander J. Morgenstern
Journal of International Business and Law
No abstract provided.
Oeconomia: A Corrective To Law, George A. Maloney, S.J.
Oeconomia: A Corrective To Law, George A. Maloney, S.J.
The Catholic Lawyer
No abstract provided.
Local Law Enforcement Jumps On The Big Data Bandwagon: Automated License Plate Recognition Systems, Infomation Privacy, And Access To Government Information, Bryce Clayton Newell
Local Law Enforcement Jumps On The Big Data Bandwagon: Automated License Plate Recognition Systems, Infomation Privacy, And Access To Government Information, Bryce Clayton Newell
Maine Law Review
As government agencies and law enforcement departments increasingly adopt big-data surveillance technologies as part of their routine investigatory practice, personal information privacy concerns are becoming progressively more palpable. On the other hand, advancing technologies and data-mining potentially offer law enforcement greater ability to detect, investigate, and prosecute criminal activity. These concerns (for personal information privacy and the efficacy of law enforcement) are both very important in contemporary society. On one view, American privacy law has not kept up with advancing technological capabilities, and government agencies have arguably begun to overstep the acceptable boundaries of information access, violating the privacy of …
The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler
The Inequality Of America‘S Death Penalty: A Crossroads For Capital Punishment At The Intersection Of The Eighth And Fourteenth Amendments, John D. Bessler
Washington and Lee Law Review Online
No abstract provided.
Family Law And Female Empowerment, Andrea B. Carroll
Family Law And Female Empowerment, Andrea B. Carroll
Journal Articles
No abstract provided.
Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie Roin
Articles
No abstract provided.
The Prosecution Of Pirates And The Enforcement Of Counter-Piracy Laws Are Virtually Incapacitated By Law Itself, Waseem Ahmad Qureshi
The Prosecution Of Pirates And The Enforcement Of Counter-Piracy Laws Are Virtually Incapacitated By Law Itself, Waseem Ahmad Qureshi
San Diego International Law Journal
The legal framework to fight and suppress piracy is embodied largely in the United Nations Convention on the Law of Sea (“UNCLOS”), 1982, which is supplemented by United Nations Security Council Resolutions, and international conventions and treaties. This Article aims to critique the existing legal framework against piracy and challenge its efficacy in successfully curbing and eradicating piracy around the world throughout history. Unlike the extensive literature on legal studies of piracy, this Article recognizes piracy as a global menace, rather than observing it through the lens of regional differences. Consequently, this Article seeks to identify creeks and holes within …
Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Roman, Ernesto Sagas
Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Roman, Ernesto Sagas
American University Law Review
Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country's woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential candidates raised the issue, with President Donald Trump making it the hallmark of his immigration reform platform. Trump promised that, if elected, his administration would "end birthright citizenship."
In the Dominican Republic, ending birthright citizenship and curbing immigration are now enshrined into law, resulting from a significant constitutional redefinition of Dominican citizenship …
Storage Wars: Analyzing The Territorial Limits Of The Sca's Warrant Provision, Peter Liskanich
Storage Wars: Analyzing The Territorial Limits Of The Sca's Warrant Provision, Peter Liskanich
Loyola of Los Angeles Law Review
No abstract provided.
Emigres: Lost In A Sea Of Ignorance, Ronald C. Griffin
Emigres: Lost In A Sea Of Ignorance, Ronald C. Griffin
Faculty Books and Book Contributions
In EMIGRES: Lost in a Sea of Ignorance, Prof. Griffin states that austerity grips western nations, where governments spend paltry sums on welfare, refugees, and migrants. In his essay, Griffin parses a trove of knowledge about welfare and what's being done for needy people. There is a recounting of an Irish case, a report on spectacles in the US, and a narrative about the troubles in Europe stirred-up by Syrian refugees.
The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom, Joseph J. Martins
The One Fixed Star In Higher Education: What Standard Of Judicial Scrutiny Should Courts Apply To Compelled Curricular Speech In The Public University Classroom, Joseph J. Martins
Faculty Publications and Presentations
Virtually three-quarters of a century ago, the Supreme Court in West Virginia State Board of Education v. Barnette recognized that the First Amendment protects citizens from being forced to speak. Often, new legal doctrines are announced cautiously and narrowly in anticipation of future judicial development. Not so with Barnette. The Court boldly proclaimed that the right to be free from state-compelled affirmation is so fundamental that it stands as the one “fixed star in our constitutional constellation” that cannot be moved. State assertions of power that seek to coerce citizens to affirm government-approved ideas will inevitably fail, except when narrowly …
Introduction To Feminist Judgments: Rewritten Tax Opinions, Anthony C. Infanti, Bridget J. Crawford
Introduction To Feminist Judgments: Rewritten Tax Opinions, Anthony C. Infanti, Bridget J. Crawford
Book Chapters
Could a feminist perspective change the shape of the tax law? Most people understand that feminist reasoning has tremendous potential to affect, for example, the law of employment discrimination, sexual harassment, and reproductive rights. Few people may be aware, however, that feminist analysis can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on the reading and interpretation of statutes, Feminist Judgments: Rewritten Tax Opinions shows what a difference feminist analysis can make to statutory interpretation. This volume, part of the Feminist Judgments Series, brings …
Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell
Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell
Articles
This paper explores corporate governance challenges that will arise as benefit corporations, and social enterprise more generally, go public. Balancing accountability of managers with a firm commitment to both doing good and making money may prove particularly difficult in the context of firms with shares traded on public markets. This paper looks at early experiments in both public markets and individual companies. It considers various corporate governance mechanisms that may help social enterprises credibly commit to their dual missions. These mechanisms include disclosure, fiduciary duty, board representation, voting, and corporate gatekeepers. Exchanges specifically for social enterprises may play a useful …
Hate Speech, Public Assurance, And The Civic Standing Of Speakers And Victims, Vincent Blasi
Hate Speech, Public Assurance, And The Civic Standing Of Speakers And Victims, Vincent Blasi
Constitutional Commentary
Part of Symposium: Hate Speech and Political Legitimacy
How Much Is Police Brutality Costing America?, Eleanor Lumsden
How Much Is Police Brutality Costing America?, Eleanor Lumsden
Publications
The criminal law of the United States fails to stop the unlawful killing of minorities by law enforcement. In fact, it was never meant to do so. Civil tort law is also unequal to the task. The consequences of not correcting these legal failures are far-reaching for the United States and for our neighbors, and have so far been underreported. This article explores the direct and indirect costs of these failings, positive measures already underway, and makes further sugges-tions for reform.
Crimmigration-Counterterrorism, Margaret Hu
Crimmigration-Counterterrorism, Margaret Hu
Scholarly Articles
The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically driven screening technologies can be better understood through the analytical prism of “crimmigration-counterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” …
The Eurozone Debt Crisis And The European Banking Union: Hard Choices, Intolerable Dilemmas, And The Question Of Sovereignty, Emilios Avgouleas, Douglas W. Arner
The Eurozone Debt Crisis And The European Banking Union: Hard Choices, Intolerable Dilemmas, And The Question Of Sovereignty, Emilios Avgouleas, Douglas W. Arner
The International Lawyer
No abstract provided.
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon
Notre Dame Journal of Law, Ethics & Public Policy
The United States allows force-feeding of prisoners, regardless of their state of mind or mental health because they deem preservation of life as paramount. In the United Kingdom, a prisoner who is of a sound mind “can be allowed to starve himself to death.”1 This difference is due to the balance between the importance of preservation of life and of the right to self-determination and autonomy in medical decisions. My note will first briefly explore the history of force-feeding prisoners who are protesting for political purposes in both countries, and the relevant cases and statues that led up to the …