Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Lewis & Clark Law School (17)
- Touro University Jacob D. Fuchsberg Law Center (16)
- St. Thomas University College of Law (15)
- Northern Illinois University (11)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (2)
-
- Pepperdine University (2)
- Association of American Law Schools (1)
- Brigham Young University (1)
- Case Western Reserve University School of Law (1)
- Collin College (1)
- Embry-Riddle Aeronautical University (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Mitchell Hamline School of Law (1)
- Pace University (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- Universitas Indonesia (1)
- Western Michigan University (1)
- Yale University (1)
- Publication
-
- Animal Law Review (17)
- Touro Law Review (16)
- Northern Illinois University Law Review (11)
- Intercultural Human Rights Law Review (8)
- St. Thomas Law Review (7)
-
- Pepperdine Law Review (2)
- Review of law sciences (2)
- BYU Education & Law Journal (1)
- Hofstra Labor & Employment Law Journal (1)
- Indonesian Journal of International Law (1)
- Journal of Catholic Legal Studies (1)
- Journal of Digital Forensics, Security and Law (1)
- Journal of Financial Crises (1)
- Journal of Legal Education (1)
- Mitchell Hamline Law Journal of Public Policy and Practice (1)
- Pace Intellectual Property, Sports & Entertainment Law Forum (1)
- Quest (1)
- Seattle University Law Review (1)
- The International Journal of Ethical Leadership (1)
- The Journal of Sociology & Social Welfare (1)
Articles 1 - 30 of 76
Full-Text Articles in Law
Amazon’S Antitrust Fair Play, A Transatlantic Evaluation, Angelos Vlazakis, Angeliki Varela
Amazon’S Antitrust Fair Play, A Transatlantic Evaluation, Angelos Vlazakis, Angeliki Varela
Northern Illinois University Law Review
For the first time after a century, antitrust law has been making headlines around the country. Amazon, among other technological giants, finds itself in the middle of a cyclone against economic power. This article joins the endeavor of several scholars to understand Amazon's conduct, but through a different lens. It tries to see the big picture of Amazon's relevant market of operation, it evaluates indirect and potential competition and reaches the conclusion that the legendary e-retailer has a weak monopoly, if not any monopoly power. Subsequently, the article assesses several doctrines that could sanction Amazon's market conduct through comparative legal …
Circumventing Consultation Under The National Historic Preservation Act: How Judicial Misapplication Of Section 106 Is Putting Historic And Cultural Resources At Risk, Samuel W. Gieryn
Northern Illinois University Law Review
The Advisory Council on Historic Preservation’s website proudly features “Section 106 Success Stories” where broad and meaningful consultation led to exemplary outcomes. But what if the consultation process that lead to those successes was never triggered? Unfortunately, there are too many stories of far less success because of legal opinions that mistakenly determined federal actions not to be “undertakings” under Section 106 of the National Historic Preservation Act. This article attempts to settle the question of “What is an ‘undertaking’ in Section 106?” Through an analysis of statutory and regulatory changes, legislative history, and legal opinions, this article demonstrates that …
Global Innovation Law, P. Sean Morris
Global Innovation Law, P. Sean Morris
Northern Illinois University Law Review
This Article is about opening up a debate on global innovation law. The Article argues that a new hybrid area of transglobal law has emerged in the past decade due to the rise of various disruptive and technological challenges to law beyond the state. As such, the Article argues that global innovation law is a new field that encapsulates the dynamics of law making and regulatory governance in how law operates in a transglobal environment. With the rapid changes in law and regulation to meet the demands of the global economy--the interaction of law and these changes at the domestic …
Researching The Jury's Internet And Social Media Presence: The Ethical And Privacy Implications, Whitni Hart
Researching The Jury's Internet And Social Media Presence: The Ethical And Privacy Implications, Whitni Hart
Northern Illinois University Law Review
This Comment discusses the lack of guidelines regulating attorneys' online research of potential and sitting jurors. Instantaneous online access to the personal lives of jurors provides attorneys with the opportunity to exploit private information throughout the entire trial process, ranging from voir dire to closing arguments. Because this research most often occurs outside of the courtroom doors, courts have had little opportunity to address the issue. Very few courts and ethics committees have implemented policies related to the use of social media to investigate jurors, which leaves it up to the attorneys in most jurisdictions to decide what is or …
Secret Surveillance Scores: Pay No Attention To What's Behind The Curtain, Allison Piper Geber
Secret Surveillance Scores: Pay No Attention To What's Behind The Curtain, Allison Piper Geber
Northern Illinois University Law Review
This Comment discusses the potential and actual misuse of consumers' secret surveillance scores in e-commerce, employment, and housing situations, as evidenced in a 2019 FTC complaint. The calculation and use of these secret surveillance scores are currently unregulated. The Comment presents two main arguments: First, secret surveillance scores are equivalent to credit scores used in the financial credit reporting industry and should thus undergo similar regulation. Second, the collection of consumer data points to calculate secret surveillance scores highlights the need for broad, nationwide consumer digital data privacy legislation. The collection and use of secret surveillance scores are akin to …
A History Of Elector Discretion, Michael L. Rosin
A History Of Elector Discretion, Michael L. Rosin
Northern Illinois University Law Review
In its opinion in Chiafalo v. Washington, the Supreme Court disposes of the actual history of elector discretion as too inconsequential to merit its serious analysis. A history of elector discretion not only includes a history of the electors who exercised discretion when casting electoral votes, it also includes a history of commentary on the role of electors as the Constitution was created and, more importantly, as Congress was attempting to amend it. The Court almost completely ignores this history. When Congress crafted the Twelfth Amendment in 1803 it recognized that “the right of choice [of president] […] devolve[s] upon” …
Reflections On A Light Unseen, Vincent Rougeau
Reflections On A Light Unseen, Vincent Rougeau
Journal of Catholic Legal Studies
(Excerpt)
I am very pleased to have an opportunity to offer some reflections on the manuscript for A Light Unseen by Professors John Breen and Lee Strang. It is an extraordinarily comprehensive look at the history of Catholic law schools in the United States. That aspect of the work alone makes it an important contribution to the scholarship on Catholic higher education in this country, and I am sure it will become an essential resource for scholars and educators across a wide range of fields. Nevertheless, A Light Unseen is much more than a history. It also raises a critical …
No Matter How Loud I Shout: Legal Writing As Gender Sidelining, Leslie Patrice Culver
No Matter How Loud I Shout: Legal Writing As Gender Sidelining, Leslie Patrice Culver
Journal of Legal Education
No abstract provided.
Weaseling Out Of Weingarten: Why Outsourcing Investigatory Examinations Does Not Obviate Representational Rights Under The Fslmrs, Craig Westergard
Weaseling Out Of Weingarten: Why Outsourcing Investigatory Examinations Does Not Obviate Representational Rights Under The Fslmrs, Craig Westergard
Hofstra Labor & Employment Law Journal
The Federal Service Labor Management Relations Statute (hereinafter "FSLMRS") grants covered federal employees the right to union representation at investigatory examinations conducted by "a representative of the agency." While the Supreme Court has defined the term "agency representative" broadly, some courts have permitted agencies to evade the FSLMRS by outsourcing examinations to third parties. This trend is contrary to Supreme Court precedent, the text of the FSLMRS, and the purposes of the statute, and it deprives federal employees of their representational rights. As such, it should be repudiated.
This article first describes the history of unionization and outlines the substantive …
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Journal of Digital Forensics, Security and Law
Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the …
Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman
Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman
BYU Education & Law Journal
Our Nation overwhelmingly supports sexual education in public
schools. A study by Siecus found that 98% of people surveyed support
sexual education in public high schools and 89% in public middle
schools. Unfortunately for some students, they will receive no sexual
education of very limited, ineffective sexual education, simply because
of where they live. Even if a student is fortunate to live in an
area which has or requires sexual education, this education may be
insufficient.
There have been countless advocates for sexual education.
With the rise of each new sexual education concern, advocates emerge
as if in waves. Most …
The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski
The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski
Pace Intellectual Property, Sports & Entertainment Law Forum
Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."
Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.
Part III of this article will focus …
America’S Pastime: Human Trafficking, Cuba, And The Road To The Show, Cole Burton
America’S Pastime: Human Trafficking, Cuba, And The Road To The Show, Cole Burton
Northern Illinois University Law Review
Cuban athletes face a treacherous journey in venturing from Cuba to the United States in order to pursue their dreams of becoming professional athletes. The MLB-FCB Agreement of 2018 sought to ease this journey by alleviating the smuggling of Cuban athletes by violent gangs and criminal organizations. However, the Agreement was declared unconstitutional by the Trump administration months later. This Comment analyzes the MLB-FCB Agreement, including the benefits and risks associated with it, and presents potential alternate solutions to cut down on the trafficking of Cuban athletes.
Time, Place, And Manner Restrictions On Speech, R. George Wright
Time, Place, And Manner Restrictions On Speech, R. George Wright
Northern Illinois University Law Review
The category of time, place, and manner restrictions on speech, as supposedly distinct from absolute bans, appears to be central to free speech law. Even a modest examination of the case law, however, suggests the arbitrariness of any such distinction. Any familiar time, place, or manner restriction on speech can be reasonably re-described as an absolute ban on speech, and vice versa. Any differences in how the relevant regulations of speech should be judicially tested, whether by differing degrees of rigor or otherwise, are correspondingly arbitrary. This Article recommends abandoning any attempt to substantively distinguish between time, place, and manner …
Similar Interpretations, Different Conclusions: The Criminalization Of Hate Speech In The West, Michael Goryelov, Wesley S. Mccann
Similar Interpretations, Different Conclusions: The Criminalization Of Hate Speech In The West, Michael Goryelov, Wesley S. Mccann
Northern Illinois University Law Review
The United States is unique internationally in that hate speech is not considered a criminal offense. Drawing from a sample of Western countries and their respective statutes, the analysis will look at different nations' interpretations of hate speech criminality. This study identifies common patterns in international criminal legal codes and compares them to U.S. jurisprudence, focusing on content neutrality and the ideological content of these laws. It was found that hate speech statutes internationally tended towards content neutrality, were structured similarly to anti-defamatory codes, and generally did not result in amendments/extensions of new regulatory laws. These findings imply a closer …
Illinois Supreme Court Rule 352(A): An Attempted Revival Of The Appellate Oral Argument, Laura Peters
Illinois Supreme Court Rule 352(A): An Attempted Revival Of The Appellate Oral Argument, Laura Peters
Northern Illinois University Law Review
Though long considered a bedrock of the American legal system, oral argument has steadily lost popularity in appellate courts across the country. Due in large part to ever-increasing caseloads and limited judicial resources, most jurisdictions now favor the expediency of written briefs over oral argument to decide appeals. While written briefs have their place, oral argument offers an inimitable opportunity for lawyers and judges to directly converse. As such, the practice of oral argument at the appellate level should be preserved. The Illinois Supreme Court took a step towards revitalizing appellate oral argument with its revised Rule 352(a). However, the …
This Is Not A Game: Blockchain Regulation And Its Application To Video Games, Diana Qiao
This Is Not A Game: Blockchain Regulation And Its Application To Video Games, Diana Qiao
Northern Illinois University Law Review
The use of blockchain technology as a financial instrument is often viewed with the same skepticism as emails from a foreign prince promising a portion of his inheritance for a “small” fee the recipient must pay for banking fees. Contrary to popular belief, there are various useful applications of blockchain technology, namely through the issuance and utilization of coins and tokens. “Tokens” are digital assets built on top of a particular blockchain, stored within the blockchain rather than through a central bank or regulatory authority, and provide a wider range of functions than that of Initial Coin Offerings. One of …
A Critique Towards Australian Work And Holiday Visa Subclass 462: Where Does It Leave Indonesian Citizen?, Yetty Komalasari Dewi, Wenny Setiawati Wsetiawati@Gmail.Com
A Critique Towards Australian Work And Holiday Visa Subclass 462: Where Does It Leave Indonesian Citizen?, Yetty Komalasari Dewi, Wenny Setiawati Wsetiawati@Gmail.Com
Indonesian Journal of International Law
Work and Holiday Visa (WHV) is one of the product outcomes from the agreement that Australia engaged with state partners. Initially, this visa aims for cultural exchange and then shifted to supply the needs of Australian industry. In essence, this visa granted the holder one year to spend time in Australia consisting of six months for working and six months for travelling. However, in its application, there are mistreatments on the WHV holder, and there is no sufficient labour protection towards the worker. This paper examines the position of WHV holder in Australia, protection for the worker, and the view …
The Legal Authorities Framing The Government’S Response To The Global Financial Crisis, Scott G. Alvarez Esq., Thomas C. Baxter Jr., Esq., Robert F. Hoyt Esq.
The Legal Authorities Framing The Government’S Response To The Global Financial Crisis, Scott G. Alvarez Esq., Thomas C. Baxter Jr., Esq., Robert F. Hoyt Esq.
Journal of Financial Crises
The 2007–09 global financial crisis required that the Federal Reserve, Treasury Department and Federal Deposit Insurance Corporation survey their various legal authorities and consider how they might be used to mitigate the meltdown of the United States financial system. This essay explores the range of legal authorities and procedural issues presented by key facilities implemented during the crisis, many of which were new and creative. This essay also provides valuable examples of how such authorities were used and describes how, in some instances, agencies worked together to design innovative interventions that no separate agency could have achieved alone.
Analysis Of The Activities Of Justice Bodies And Their Implementation Norm-Making Functions, А. Khujanazarov
Analysis Of The Activities Of Justice Bodies And Their Implementation Norm-Making Functions, А. Khujanazarov
Review of law sciences
Further improvement of the work of justice bodies within framework of democratic legal reforms in our country, including development of rule-making function of the system, is one of main directions of the unified state legal policy. At the same time, it is necessary to introduce qualitatively new and modern mechanisms for rule-making activities of judicial bodies, coordination of rulemaking bodies and the bodies of state management and efficient and systematic methodological guidance of the process, further improving features and functions of judiciary in the formation of a common legal practice. Based on above, this article examines the activities and trends …
On The Issue Of Responsibility Of A Sports Fan In The Republic Of Uzbekistan, E. Musaev
On The Issue Of Responsibility Of A Sports Fan In The Republic Of Uzbekistan, E. Musaev
Review of law sciences
The article deals with the influence of physical culture and sports on the healthy lifestyle of the population, the image of the country, the importance and necessity of legal regulation of relations in the field of physical culture and sports in the Republic of Uzbekistan, the responsibility of subjects in the field of sports. Also mentioned is the regulation at the legislative level of the legal status of the fan, his responsibility, security during sports competitions. Special attention is offered to pay to specific sports sanctions. On the basis of the analysis of the national and foreign legislation the proposals …
Celebrating The Work Of Professor Bob Cochran: An Introduction, Derek T. Muller
Celebrating The Work Of Professor Bob Cochran: An Introduction, Derek T. Muller
Pepperdine Law Review
No abstract provided.
Silver And Old: How Emtala's Outdated Appropriate Medical Screening Standard Impacts The Aging Population, Madisyn Uekawa
Silver And Old: How Emtala's Outdated Appropriate Medical Screening Standard Impacts The Aging Population, Madisyn Uekawa
Seattle University Law Review
With the U.S. elder population on the brink of booming, attention to the ramifications of legal standards that affect them is a must. In 2018, the Sixth Circuit split from its sister circuits and solidified an interpretation of the Emergency Medical Treatment and Labor Act’s (EMTALA) “appropriate medical screening” standard that will adversely affect aging individuals. Since older adults are the most likely demographic to use emergency care services, laws that impact emergency care will inevitably trickle down to this group of people. To protect already vulnerable older adults, EMTALA should be modified in such a way that (1) it …
2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa
2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa
The International Journal of Ethical Leadership
transcript
Criminal Justice Bias: Fact Or Fiction, Hiba Mobarak
Criminal Justice Bias: Fact Or Fiction, Hiba Mobarak
Quest
Objective Analysis
Research in progress for CRIJ 1301: Introduction to Criminal Justice
Faculty Mentor: Stefanie LeMaire
The following paper represents work produced by a student in an Introduction to Criminal Justice course at Collin College. The paper is an objective analysis of prominent research regarding potential police biases and how officers’ decisions may be influenced by a suspect’s race. The topic of racial bias within policing is quite controversial, as evidenced by the community protests, media coverage, and destruction that has ensued after officer-involved shootings. This assignment asks students to objectively review scholarly research on police bias and constructively criticize …
Testing The First Amendment Validity Of Laws Banning Sexual Orientation Change Efforts On Minors: What Level Of Scrutiny Applies After Becerra And Does A Proportionality Approach Provide A Solution?, Clay Calvert
Pepperdine Law Review
This Article examines the standard of scrutiny courts should apply when testing the validity of laws banning speech-based sexual orientation change efforts (SOCE) against First Amendment challenges. Justice Clarence Thomas’s 2018 opinion for a five-justice conservative majority of the United States Supreme Court in National Institute of Family and Life Advocates v. Becerra casts considerable doubt on whether a level of inquiry less stringent than strict scrutiny applies. The article analyzes how lower courts after Becerra that have reviewed anti-SOCE laws disagree on the issue. And yet, as the Article explains, the Supreme Court refuses to clarify the muddle. First, …
A Legal Analysis: The Transgender Bathroom Debate, Josselyn Sheer
A Legal Analysis: The Transgender Bathroom Debate, Josselyn Sheer
The Journal of Sociology & Social Welfare
This article examines the current legal battles over transgender bathroom, locker room, and employment rights. In the recent years, there has been a major uproar surrounding the rights of transgender individuals; concurrently, our country is witnessing a shift in the ways in which individuals understand their gender outside of the binary male and female classification. While the word transgender can serve as an “umbrella term encompassing a wide array of identifies,” transgender rights have steadily grown across numerous areas (Buck, 2016, p. 465). However, there have been contentious legal issues that have put transgender individuals rights in the spotlight.
The …
Judges As Agents Of The Law, Daniel Harris
Judges As Agents Of The Law, Daniel Harris
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Children, Chocolate, And Profits: A Policy-Oriented Analysis Of Child Labor And The Chocolate Industry Giants, Ann W. Deam
Children, Chocolate, And Profits: A Policy-Oriented Analysis Of Child Labor And The Chocolate Industry Giants, Ann W. Deam
Intercultural Human Rights Law Review
In 2001, the chocolate industry adopted the Harkin-Engel Protocol, also referred to as the Chocolate Industry Protocol, in which it "publicly acknowledged the problem of forced child labor" with a promise to "commit significant resources to address it" and ensure that "cocoa beans and their derivative products have been grown and/or processed without any of the worst forms of child labor." The noble goals set forth in this voluntary, self-regulating agreement were to be attained by 2005. Twenty years have passed since the signing of the Chocolate Industry Protocol (CIP). The purpose of this paper is to determine the effectiveness …