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Full-Text Articles in Law

Dispute Resolution In The Digital Age - Online Dispute Resolution, Amy J. Schmitz May 2018

Dispute Resolution In The Digital Age - Online Dispute Resolution, Amy J. Schmitz

Open Educational Resources

Dispute Resolution in the Digital Age includes the resources created and used by Professor Amy J. Schmitz at the University of Missouri School of Law to teach online dispute resolution. These materials are created as as open educational resources under a Creative Commons BY-NC 4.0 license. The materials may be shared and adapted as long as Prof. Schmitz receives attribution and the use is non-commercial.


Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser A. Alreshaid Jun 2016

Lodging The Sustainable Development Goals In The International Trade Regime: From Trade Rhetoric To Trade Plethoric, Nasser A. Alreshaid

Nasser A Alreshaid

While the international community is stimulated by the new sustainable development goals’ impetus, the global trade regime lives through its 40’s mid-life crisis and anticipates what it does not know. Views of the multilateral trading system being stalled by a proliferation of other preferential trade agreements, signal a deep inquiry into this policy trend. What this paper intends to highlight though, is that if lessons are drawn from the new sustainable development goals, these global trade challenges could be mere air turbulence. By introducing the needs of states and their constituents through these goals, an inclusive and more representative ...


Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin Apr 2016

Correctional Discharge Planning & The Missing Linkages, D'Andre D. Lampkin

D'Andre Devon Lampkin

This research project explores correctional rehabilitation and disconnects between correctional facilities and linkage to follow up mental health treatment. One of the components to releasing inmates is providing them with services that help reintroduce them into society. For the mentally ill, linkage to mental health services after spending any amount of time in a correctional facility is heavily dependent on follow through by the former inmate and the expediency and capacity of the mental health departments’ outpatient facilities within the community the former inmate is released into.


3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom Apr 2016

3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom

Evan R. Youngstrom

Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must ...


What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin Mar 2016

What Should Law Enforcement Role Be In Addressing Quality Of Life Issues Associated With Section 8 Housing?, D'Andre D. Lampkin

D'Andre Devon Lampkin

The purpose of this research project is to discuss the challenges law enforcement face when attempting to address quality of life issues for residents residing in and around Section 8 federal housing. The paper introduces readers to the purpose of Section 8 housing, the process in which residents choose subsidized housing, and the legal challenges presented when law enforcement agencies are assisting city government to address quality of life issues. For purposes of this research project, studies were sampled to illustrate where law enforcement participation worked and where law enforcement participation leads to unintended legal ramifications.


Verification Methods In Cyber Attack Treaties, Grant Hodgson Feb 2016

Verification Methods In Cyber Attack Treaties, Grant Hodgson

Grant Hodgson

The fundamental differences between cyber weapons and traditional military weapons present challenges to verification techniques used in the past. This paper will discuss the challenges in constructing, implementing, and verifying a cyberattack treaty. Part I, will discuss the nature of cyberattacks and what makes them difficult for verification purposes. Part II will describe techniques that have previously been used to verify other treaties. Each technique is evaluated for its potential efficacy when applied to cyberattacks.


Review Of Sherry F. Colb And Michael C. Dorf Beating Hearts: Abortion And Animal Rights, Nathan M. Nobis Dec 2015

Review Of Sherry F. Colb And Michael C. Dorf Beating Hearts: Abortion And Animal Rights, Nathan M. Nobis

Nathan M. Nobis, Ph.D.


In this book[1], law professors Sherry F. Colb and Michael C. Dorf argue that:
  1. many non-human animals, at least vertebrates, are morally considerable and prima facie wrong to harm because they are sentient, i.e., conscious and capable of experiencing pains and pleasures;
  2. most aborted human fetuses are not sentient -- their brains and nervous systems are not yet developed enough for sentience -- and so the motivating moral concern for animals doesn't apply to most abortions[2];
  3. later abortions affecting sentient fetuses, while rare, raise serious moral concerns, but these abortions -- like all abortions -- invariably involve the interests and ...


Fragmented Oversight Of Nonprofits In The United States: Does It Work? Can It Work?, Lloyd Hitoshi Mayer Dec 2015

Fragmented Oversight Of Nonprofits In The United States: Does It Work? Can It Work?, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

The United States is well known for its distinctive although not unique division of political authority between the federal government and the various states. This division is particularly evident when it comes to oversight of nonprofit organizations. The historical focus of federal government oversight has been limited primarily to qualification for tax exemption and other tax benefits, with more plenary power resting with state authorities. Over time, however, the federal government’s role has come to overlap significantly with that of the states, and many nonprofits have become subject to regulation by multiple states as their operations and donor bases ...


Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, Barbara P. Billauer Esq Dec 2015

Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, Barbara P. Billauer Esq

barbara p billauer esq

Abstract: The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or ‘bad’ science from infiltrating the courtroom. To do so, the Judges must first determine what “science” is? And then, what ‘good science’ is? It is submitted that Daubert is seriously polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This inapt philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis. Among other problems, is the intolerance of Popper’s system for multiple causation, a key component of toxic- torts. Thus, the ...


Roe V. Wade: The Case That Changed Democracy, Adam Lamparello Dec 2015

Roe V. Wade: The Case That Changed Democracy, Adam Lamparello

Adam Lamparello

No abstract provided.


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle ...


The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons Nov 2015

The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons

Kaiya Amelia Lyons

No abstract provided.


Inherent Racial Biases Woven Into America’S Criminal Justice Institutions: A Reexamination Of To Kill A Mockingbird, Joshua B. Lanphear Nov 2015

Inherent Racial Biases Woven Into America’S Criminal Justice Institutions: A Reexamination Of To Kill A Mockingbird, Joshua B. Lanphear

Joshua B. Lanphear

This is article considers the concept of inherent racial biases woven into America’s criminal justice institutions as reflected in Harper Lee’s novels To Kill a Mockingbird and Go Set A Watchman. Mockingbird—published in 1960, but set in the 1930s, in the fictitious racist-south of Maycomb, Alabama—portrays this concept through the trial of Tom Robinson, a sympathetic African American accused of raping the white Mayella Ewell. Key representatives of Maycomb’s institutions—Officer Heck Tate, Judge John Taylor, Mr. Gilmer, Atticus Finch, and Tom’s jury—perpetuate these inherent racial biases throughout Tom’s experience with the ...


Using Inhalants To Obtain A Cheap High Is No Laughing Matter In Medical /Legal Circles, Samuel D. Hodge Jr. Nov 2015

Using Inhalants To Obtain A Cheap High Is No Laughing Matter In Medical /Legal Circles, Samuel D. Hodge Jr.

Samuel D. Hodge Jr.

Much attention has been devoted to the ill effects of drug and alcohol abuse. However, there is an equally disturbing trend of people using household or industrial products to obtain a “quick high” by inhaling the fumes from these items. These gases seem innocuous but when inhaled, they can be more dangerous than street drugs with life altering consequences. The abuse of inhalants is not a problem limited to a specific segment of the population. Rather, it is a widespread issue that has no economic, social or age related boundaries. Thirty-seven states have enacted statutes concerning inhalant abuse. A few ...


The History And The Current Development Of Commercial Arbitration In Kazakhstan, Venera Konussova Nov 2015

The History And The Current Development Of Commercial Arbitration In Kazakhstan, Venera Konussova

Venera Konussova

Kazakhstan has recently been taking steps to a new wave of modernization in order to enter 30 the most developed countries of the world. Such ambitious goal requires not only fast and effective development of all spheres of the economy but also significant improvement of legislation. Revision of legislation in the field of arbitration seeks a twofold goal; to create favorable conditions for the civil rights protection, and to improve the investment climate in particular. In order to obtain this goal, the Draft Law on Arbitration largely reconsidered existing legislation by incorporating progressive regulations, which help to overcome long lasting ...


The Use Of The Proportionality Principle To Distinguish Compensatory Indirect Expropriation From Regulatory Measures, Anca T. Muir Nov 2015

The Use Of The Proportionality Principle To Distinguish Compensatory Indirect Expropriation From Regulatory Measures, Anca T. Muir

Anca T Muir

The Investor State Dispute Settlement (ISDS) system has been criticized recently as a way for foreign corporations to counter a national government’s right to regulate. A subject of much of this scrutiny is the compensation requested by foreign investors when the host state needs to regulate for the public interest.

The issue of compensation for actions of indirect expropriation is a controversial issue, especially when the host state uses its police power to regulate in the public interest. When this occurs, it can create a conflict in which an investor claims that his investment was reduced to nothing by ...


The Role Of State In The Development Of Legal Profession In China - A Regulatory Perspective, Shu Shang Nov 2015

The Role Of State In The Development Of Legal Profession In China - A Regulatory Perspective, Shu Shang

Shu Shang

Although China has attempted to reorganize its legal profession by privatizing regulation of lawyers since 2000, the tight relationship between Chinese state and its legal profession still seems perplexing to outsiders. This article tries to go beyond the ideological debate to observe this state-legal profession relationship by suggesting that after experiencing political, nationalist, stability-concerned stages, the current stage of the state regulation of legal profession is development-oriented. This model could be extremely useful in a party-state country like China in which the traditional spirit of professionalism is lacking of, and such intervention might also help to prevent he over-stratification of ...


The Tortureres: Evaluating The Senate Select Intelligence Committee’S Torture Report And Assessing The Legal Liability Of “Company Y” In The Cia’S Post 9-11 Interrogation And Detention Program Under The Alien Tort Statute, David Satnarine Nov 2015

The Tortureres: Evaluating The Senate Select Intelligence Committee’S Torture Report And Assessing The Legal Liability Of “Company Y” In The Cia’S Post 9-11 Interrogation And Detention Program Under The Alien Tort Statute, David Satnarine

David Satnarine

The U.S. national security apparatus after September 11, 2001 engendered an emphasis of new forms of intelligence gathering. The U.S. Central Intelligence Agency, the United States and its agents sought to collect as much information as possible to prevent another attack on the homeland, and to bring to justice those responsible for the heinous acts of September 11, 2001. Through the use of private actors, corporate shells, and contractors, the United States employed a host of professional interrogators in its war on terror. Some of these private actors, through their corporate shells later become known as the architects ...


Rights Without Remedies, Adam Lamparello Nov 2015

Rights Without Remedies, Adam Lamparello

Adam Lamparello

The Court should modify the standing doctrine in some contexts for the same reason that, in Shelby County, it invalidated two provisions of the Voting Rights Act: the legislature cannot and will not fix the problem. No legal doctrine should be applied without examining whether elected representatives are capable of remedying specific harms and accounting for the relative unfairness in democratic governance. When the traditional standing requirements are rigidly applied without considering these factors, the Court undermines the separation of powers and prevents sound judicial decision-making. In essence, rigid application of the standing doctrine sends a message to litigants that ...


The French Intelligence Act Of July 2015: The French Surveillance State?, Wanda Mastor Nov 2015

The French Intelligence Act Of July 2015: The French Surveillance State?, Wanda Mastor

wanda mastor

The Intelligence Act of 24 July 2015, judged mostly compatible with the Constitution by the Constitutional Council (Conseil Constitutionnel), has been dubbed the “French PATRIOT Act” by its critics. The aim of this paper is to dispel this comparison, along with the claim that France would authorize mass surveillance at the same time as the United States is set to prohibit it with the recent FREEDOM Act. The legislation, essential in principle, is nevertheless not exempt from criticism: opting for extremely broad and vague objectives, as well as “eliminating” the issue of international surveillance and the choice of prior authorization ...


The New Affirmative Action After Fisher V. University Of Texas: Defining Educational Diversity Through The Sixth Amendment's Cross-Section Requirement, Adam Lamparello, Cynthia Swann Nov 2015

The New Affirmative Action After Fisher V. University Of Texas: Defining Educational Diversity Through The Sixth Amendment's Cross-Section Requirement, Adam Lamparello, Cynthia Swann

Adam Lamparello

Skin color and diversity are not synonymous, and race provides no basis upon which to stereotype individuals or groups, regardless of whether the reasons are malevolent or benign.

Affirmative action policies in higher education should focus on the things that individuals have overcome, not the traits that individuals—and groups—cannot change. Currently, the opposite is true, as such policies typically equate racial diversity with educational diversity, thereby precluding consideration of factors such as family and personal background, life experience, and the overcoming of adversity that would result in true educational diversity. This is not to say that race is ...


Political Refugees, Captives, Slaves And Other Migrants In International Law Of Ancient Near East (2nd Millenium Bc), Víctor M. Sánchez Nov 2015

Political Refugees, Captives, Slaves And Other Migrants In International Law Of Ancient Near East (2nd Millenium Bc), Víctor M. Sánchez

Víctor M. Sánchez

International treaties in the 2nd millennium BC in the Ancient Near East (ANE) demonstrate the importance placed on regulating migratory movements at the time. The economic and political basis of such regulation helps outline a critical analysis in comparison to current international law regarding the same forms of migratory movements. The loss of social value of human beings arising from demographic changes explains the enormous difference between past and present regulatory models. Only the recovery of human value in its economic sense will permit changes to the current regulation of migratory movements. The variety of extradition clauses in the treaties ...


On Ronald Coase As Political Economist”, Walter E. Block Oct 2015

On Ronald Coase As Political Economist”, Walter E. Block

Walter E Block

Despite Coase’s many and important contributions to economics he has mislead the profession of economics with his work in social costs, for which he is perhaps most famous. If his analytic model were incorporated into the actual practice of law, this would undermine the rule of law and private property rights, and, with them, all hope for prosperity and economic growth. In addition, his views on this topic are manifestly unjust. This all stems, in the present analysis, from Coase’s inability to make a distinction between peaceful cooperation and initiatory violence, the most important one in all of ...


Right To Cure Under The Unidroit Principles Article 7.1.4: A Historical Analysis, Gakuro Himeno Oct 2015

Right To Cure Under The Unidroit Principles Article 7.1.4: A Historical Analysis, Gakuro Himeno

Gakuro HIMENO

Riht to cure under Unidroit 7.1.4 has three sources: a) Nachtrag, b) mise en demeure and Nachfrist and c) right to cure under Uniform Commercial Code 2-508. When the UCC Committee, Section of Business law, the ABA reviewed what will become the Unidroit Principles, they found a counterpart to their own right to cure in it: Nachfrist. Then drafting a new provision upon cure was commissioned to Richard Hyland, a US professor. While this provision, rare case where Unidroit and PECL disagrees (8. 104), has long been under criticism especially by the European drafters, met with a DCFR ...


A Protector By Any Other Name........., Alexander A. Bove Jr Oct 2015

A Protector By Any Other Name........., Alexander A. Bove Jr

Alexander A Bove Jr

No abstract provided.


Rehabilitation Of Illicit Behaviours In The Post-Rtl Era: Disputes And Proposals, Zhenjie Zhou Oct 2015

Rehabilitation Of Illicit Behaviours In The Post-Rtl Era: Disputes And Proposals, Zhenjie Zhou

Zhenjie ZHOU

How to rehabilitate illicit behaviours that were subject to the re-education through labour system has been a topic of rigorous debate since the abolition of the system. Proposals brought forward so far can generally be categorised into a criminalisation approach and an administrative approach. This article asserts that the rehabilitation of these behaviours shall strictly observe principles of efficiency, transparency and fairness and proposes that the Legislature adopt the Law on Correction of Illicit Behaviour under pilot implementation to consign illicit behaviours that were subject to the re-education through labour system to a mixed decision-making procedure. This will constitute a ...


In Search Of Women’S Equal Right To Property In India - Recent Judicial Developments, Archana Mishra Oct 2015

In Search Of Women’S Equal Right To Property In India - Recent Judicial Developments, Archana Mishra

Archana Mishra

Women’s economic status influenced by her ownership and control over immovable property is hardly reflected in Indian society even after India having achieved independence more than half a century before. Effective rights to women in property cannot spring from closed and restrictive mindset of the legislature. The recent decisions of Supreme Court of India and various High Courts expanding the scope of much denied property rights to women in India encapsulate the essence and spirit of the Constitution. Some of the recent striking developments in the field of allowing property rights to women e.g., right of tribal women ...


Utility Air Regulatory Group V. Environmental Protection Agency: The Apotheosis Of Implicit Bias In The Supreme Court Of The United States Of America Against Environmental Interests And Their Advocates, Jason W. Jutz Oct 2015

Utility Air Regulatory Group V. Environmental Protection Agency: The Apotheosis Of Implicit Bias In The Supreme Court Of The United States Of America Against Environmental Interests And Their Advocates, Jason W. Jutz

Jason W Jutz

No abstract provided.


Is Moderation The Highest Virtue? A Comparative Study Of A Middle Way Of Control Transaction Regimes, Yueh-Ping Yang, Pin-Hsien Lee Oct 2015

Is Moderation The Highest Virtue? A Comparative Study Of A Middle Way Of Control Transaction Regimes, Yueh-Ping Yang, Pin-Hsien Lee

Yueh-Ping Yang

Comparative studies of control transaction regimes mostly compare between the Market Rule as adopted in the U.S. and the General Offer Rule ad adopted in European Union, while paying less attention to the Partial Offer Rule, a middle way model adopted in many East Asian countries such as Japan, South Korea, China, Taiwan, etc. In this paper, we attempt to fill this gap by highlighting the Partial Offer Rule adopted in these countries, analyzing this rule’s theoretical foundation and observing its implementation in practice. Our theoretical analyses of the Partial Offer Rule are comprised of two parts. First ...


Medical Malpractice And Wrongful Death: Some Lives Are Worth More Than Others, Ralph Peeples, Catherine T. Harris Oct 2015

Medical Malpractice And Wrongful Death: Some Lives Are Worth More Than Others, Ralph Peeples, Catherine T. Harris

Ralph Peeples

We examined the outcomes and case characteristics of all the wrongful death lawsuits defended by a medical malpractice insurer in Virginia and North Carolina from 2009 through 2014. We derived our data from the insurer's closed claims files. Our goal was to identify the factors that affected whether compensation was paid, as well as the factors that affected the amount of compensation, when that occurred. Using multivariate analysis, we found that four variables had predictive power: the claims adjuster's assessment of liability, the age of the deceased, the marital status of the deceased, and whether the primary physician-defendant ...