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Full-Text Articles in Law

The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton May 2019

The Sue-And-Settle Phenomenon: Its Impact On The Law, Agency, And Society, Katie L. Colton

All Graduate Theses and Dissertations

Sue-and-settle is the name applied to a federal agency’s use of litigation to create policy outside of the normal regulatory process. This paper discusses the impact that the sue-and-settle policy has had on Congress, the judiciary, and the Environmental Protection Agency. Specifically, this paper will discuss the issues caused by the perception of collusion within the sue-and-settle policy. First, this paper examines whether a relationship occurs between the litigants. The paper then discusses whether the relationship between the litigants in sue-and-settle cases tends to be collusive or not. The second part of the paper examines how Congress, the Environmental ...


Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson Apr 2019

Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson

Digital Initiatives Symposium

In November 2018, Stanford Law School Library unveiled to the public an online exhibit of more than 100 oral histories of American women lawyers, scholars, judges, and government officials who helped diversify the legal profession in the late twentieth century. Called the “Women Trailblazers in the Law” Oral History Project, it is a collaboration between Stanford Law School Library and the American Bar Association. Our presentation discusses the details of the analog to digital preservation process, whereby the physical collection was converted into digital formats suitable for long term archival storage as well as online access for the general public ...


Spring 2019 Newsletter: The Docket, Emma M. Wood Apr 2019

Spring 2019 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Spring 2019 issue of the UMass Law Library Newsletter, The Docket.


Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl Mar 2019

Developing A Culturally Competent Legal Research Curriculum, Shamika Dalton, Clanitra Stewart Nejdl

Shamika Dalton

*In-Press Publication


Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker Mar 2019

Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker

Student Research and Creative Activity Fair

An important issue in modern communication law and policy is the emergence of harassment via the Internet and social media. One form of such harassment is revenge pornography, the sharing of sexual images or videos without the consent of the individual depicted, usually at the hands of an ex-lover. In punishing the posters and purveyors of revenge pornography, perpetrators are often convicted of unrelated crimes such as identify theft or fraud, furthering the silence of revenge pornography. This new challenge in law raises some serious questions about the intersections of obscenity, privacy and the First Amendment in the effort to ...


Japanese Pamphlets, Volume I, 1906-1914 Feb 2019

Japanese Pamphlets, Volume I, 1906-1914

Japanese Pamphlets

Nineteen politically oriented pamphlets published between 1906 to 1914 that set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Those who were anti-Japanese described the Japanese as an inferior race incapable of assimilating into the White population. The pamphlets in this volume also include responses from the Japan Society ...


Japanese Pamphlets, Volume Ii, 1912-1920 Feb 2019

Japanese Pamphlets, Volume Ii, 1912-1920

Japanese Pamphlets

Twenty-nine politically oriented pamphlets published between 1912-1929 set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Arguments used against the Japanese living in America included claims of surreptitious entries (e.g., being smuggled in through Mexico), Japanese use of “Picture Prides, Japanese efforts to control the soil, Japanese use ...


Japanese Pamphlets, Volume Iii, 1918-1925 Feb 2019

Japanese Pamphlets, Volume Iii, 1918-1925

Japanese Pamphlets

Twenty-two politically oriented pamphlets published between 1906 to 1914 that set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Those who were anti-Japanese described the Japanese as an inferior race incapable of assimilating into the White population and includes a pamphlet entitled “Preliminary Report of the Mental Capacity of ...


Japanese Pamphlets, Volume Iv, 1907-1925 Feb 2019

Japanese Pamphlets, Volume Iv, 1907-1925

Japanese Pamphlets

Ten politically oriented pamphlets published between 1907 to 1925 that set forth largely anti-Japanese contentions against those residing in the United States and California. The White population continued to be concerned about the mixing of races and wanted additional laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. The arguments found in the first three volumes of pamphlets continued on into Volume IV including a V.H. McClatchy’s 1925 pamphlet entitled: “Guarding the Immigration Gates: What Has Been ...


Chinese Immigration-Exclusion Pamphlets, Volume Iii, 1857-1902 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume Iii, 1857-1902

Chinese Pamphlets

Eleven pamphlets published between 1857 and 1902 regarding the treatment of the exempt classes of Chinese in the United States, arguments in favor of immigration with measurers recommended by the Immigration Union, the church and the Chinese, competition with Chinese and the necessity of a stringent exclusion clause, and letters written by members of the Chinese community on the Chinese question.


Chinese Immigration-Exclusion Pamphlets, Volume I, 1876-1914 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume I, 1876-1914

Chinese Pamphlets

Seventeen pamphlets published between 1876 and 1914 that set forth the pros and cons of Chinese immigration into the United States, including arguments as to why the Chinese should be excluded. Those claims were in part that the Chinese being non-assimilative, undesirable, destructive to competition and hence the need to protect American labor and White citizens. The Chinese were blamed for the spread of slavery, criminal activities, highbinders (assassins), opium smoking, leprosy and other imported evils and the overall corruption of California.


Chinese Immigration-Exclusion Pamphlets, Volume Ii, 1870-1906 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume Ii, 1870-1906

Chinese Pamphlets

Eight pamphlets published between 1870 and 1906 consisting of topics such as the treatment of the exempt classes of Chinese in the United States, Chinese immigration, Chinese mining license tax, the evils of the Mongolian immigration, the “true sentiments” of the Republican Party of California on the Chinese question, the nature and effect of the competition by Chinese with American labor, the church and Chinese immigration, cholera in San Francisco and the conflict of the races.


Chinese Immigration-Exclusion Pamphlets, Volume Iv, 1855-1908 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume Iv, 1855-1908

Chinese Pamphlets

Nine pamphlets published between 1855 and 1908 regarding Chinese in the United States and, in particular, in California, containing arguments for and against the Chinese being in America, past relations with the Chinese, describing the Chinese as heathens and a continuation of the claims made against the Chinese in the first three volumes of Chinese Immigration-Exclusion Pamphlets.


2019 - Chinese Pamphlets On Immigration And Exclusion - Inventory - Draft Feb 2019

2019 - Chinese Pamphlets On Immigration And Exclusion - Inventory - Draft

Chinese Immigration-Exclusion Pamphlet Inventory

An inventory of a group of pamphlets published from 1855 through 1929 detailing the perceived problems associated with the Chinese in America, the efforts made to deprive Chinese rights granted others including citizenship, the depiction of Chinese as inferior humans in terms of intellect and morals standing, the inability of Chinese to assimilate into the American culture, laws enacted to limit the ability of Chinese to participate in the economy, anti-Chinese organizations, speeches before various legislative bodies in opposition to the Chinese, Chinese responses to the anti-Chinese publications, and responses by religious organizations on the subject of race and equality ...


2019 - Japanese Pamphlets Inventory - Draft Feb 2019

2019 - Japanese Pamphlets Inventory - Draft

Japanese-American Pamphlet Inventory

An inventory of a series of pamphlets published from 1906 through 1925 focused on the presence of Japanese in America, the perception by some that Japan was taking steps to take over America, the great lengths gone to deprive Japanese residing in the United States of land either by purchase or lease and even citizenship, the depiction of Japanese as inferior humans in terms of intellect and morals standing, agreement and laws enacted to limit the ability of Japanese to participate in the economy, anti-Japanese organizations, speeches before various legislative bodies in opposition to the Japanese, Japanese responses to the ...


Midat Sodom And The Housing Affordability Crisis, Michael Lewyn Feb 2019

Midat Sodom And The Housing Affordability Crisis, Michael Lewyn

Michael E Lewyn

Ancient Jewish texts states that the city of Sodom was overthrown because of its hostility to hospitality. Today, American cities often limit new housing; is this policy analogous to midat Sodom (Hebrew for "the ways of Sodom")? What arguments justify these policies, and what counter-arguments are relevant to those arguments?


The Christian Invention Of Human Dignity (Research Materials), Holy Cross Libraries Feb 2019

The Christian Invention Of Human Dignity (Research Materials), Holy Cross Libraries

Library Resources for Campus Events

A bibliography of resources available through the Holy Cross Libraries which provide additional information related to "The Christian Invention of Human Dignity" a lecture by Samuel Moyn, professor of law and history at Yale University, who argues that human dignity has to be linked to the invention of Christian democracy. The lecture is sponsored by the Rev. Michael C. McFarland, S.J. Center for Religion, Ethics and Culture, and was held at the College of the Holy Cross on February 26, 2019.


Patented Land Grants Listed By Date Of Original Grants, Undated Feb 2019

Patented Land Grants Listed By Date Of Original Grants, Undated

Summaries of Data Relating to the Basins

A list of land grants organized by the date of the original Spanish land concession or Mexican land grant prepared under the Work Progress Administration program in the 1930s.


Alphabetical Index Of Private Land Grants, 1928 Feb 2019

Alphabetical Index Of Private Land Grants, 1928

National Archives Documents

An alphabetical listing of California private land grants that was obtained from the 1928 General Land Office Map of California.


1916 - The Missions And Missionaries Of California, Index To Volumes Ii-Iv, Zephyrin Engelhardt Feb 2019

1916 - The Missions And Missionaries Of California, Index To Volumes Ii-Iv, Zephyrin Engelhardt

Franciscan Publications

This 1916 publication is an index of Volumes I through IV for Engelhardt's Missions and Missionaries of California.


Patented Land Grants Listed By Date Of Original Grants, Undated Feb 2019

Patented Land Grants Listed By Date Of Original Grants, Undated

National Archives Documents

A list of land grants organized by the date of the original Spanish land concession or Mexican land grant prepared under the Work Progress Administration program in the 1930s.


Bridging The Gap Between Daca And The Dream: The Bridge Act, What It Means, And Why It Matters, Ellen E. Findley Feb 2019

Bridging The Gap Between Daca And The Dream: The Bridge Act, What It Means, And Why It Matters, Ellen E. Findley

Penn State Journal of Law & International Affairs

No abstract provided.


Clarity In The Code Du Travail: The Plain Language Movement, French Legislative Drafting, And President Macron’S Collective Bargaining Reform, Adam Boyd Feb 2019

Clarity In The Code Du Travail: The Plain Language Movement, French Legislative Drafting, And President Macron’S Collective Bargaining Reform, Adam Boyd

Penn State Journal of Law & International Affairs

Although the French Code is known as concise and elegant, the French Labor Code, or the Code du Travail, is not.1 Recent reform to the Code du Travail provides a chance to study Plain Language use in France in 2017. This Comment briefly introduces what Plain Language is, its goal of making the law easier to read, and the international movement to implement Plain Language legal reforms. The Comment then introduces a summary of the French legal system relevant to discussion of the Code du Travail, including how legislation is passed and the structure of a French statute. Next ...


“One Is The Loneliest Number”: A Comparison Of Solitary Confinement Practices In The United States And The United Kingdom, Daniella Johner Feb 2019

“One Is The Loneliest Number”: A Comparison Of Solitary Confinement Practices In The United States And The United Kingdom, Daniella Johner

Penn State Journal of Law & International Affairs

No abstract provided.


American Immigration: A Path Of Return To A Pre-Modern Ideal Of Open Immigration Policy, Zachary J. Carls Feb 2019

American Immigration: A Path Of Return To A Pre-Modern Ideal Of Open Immigration Policy, Zachary J. Carls

Penn State Journal of Law & International Affairs

No abstract provided.


The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, Sc Feb 2019

The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, Sc

Penn State Journal of Law & International Affairs

No abstract provided.


Neutrality, Independence And Impartiality In International Commercial Arbitration, A Fine Balance In The Quest For Arbitral Justice, Ronán Feehily Feb 2019

Neutrality, Independence And Impartiality In International Commercial Arbitration, A Fine Balance In The Quest For Arbitral Justice, Ronán Feehily

Penn State Journal of Law & International Affairs

No abstract provided.


Precarious Childhood: Law And Its (Ir)Relevance In The Digital Lives Of Children, Liat Franco, Shulamit Almog Feb 2019

Precarious Childhood: Law And Its (Ir)Relevance In The Digital Lives Of Children, Liat Franco, Shulamit Almog

Penn State Journal of Law & International Affairs

This research provides insight to the way children perceive law and its relevance in the digital realm drawing on in- depth semi-structured interviews with sixty-six eighth- and ninth-grade students from three different Israeli middle schools. According to the findings, children experience the digital world as a precarious environment. Most children interviewed where unaware of or misunderstood relevant legal norms designed to protect web users in general and children in particular. Moreover, children experienced a lack of legal or other appropriate responses to severe incidents of cyberbullying that they experienced firsthand or witnessed as bystanders. Even though children are considered by ...


Game Of Thrones: The Qatar Crisis, Forced Expulsions On The Arabian Peninsula, Christopher R. Rossi Feb 2019

Game Of Thrones: The Qatar Crisis, Forced Expulsions On The Arabian Peninsula, Christopher R. Rossi

Penn State Journal of Law & International Affairs

In an extraordinary move, reflecting the Arabian Peninsula’s worst diplomatic dispute in decades, the UAE, Saudi Arabia, Bahrain, and Egypt have expelled Qatari nationals and imposed an air and sea blockade against Qatar because of its alleged support of terrorist organizations. In June 2018, Qatar filed suit against the UAE at the International Court of Justice, alleging discrimination in violation the International Convention on the Elimination of All Forms of Racial Discrimination. This Article explores the problem of forced expulsion and the utility of formal judicial redress at the level of the ICJ. Borrowing from the frame analysis of ...


Foreword Feb 2019

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.