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Full-Text Articles in Law

The Gm Food Debate: An Evaluation Of The National Bioengineered Food Disclosure Standard And Recommendations For The United States Based On Food Justice, Courtnee Grego Jun 2018

The Gm Food Debate: An Evaluation Of The National Bioengineered Food Disclosure Standard And Recommendations For The United States Based On Food Justice, Courtnee Grego

Seattle University Law Review

This Note aims to identify the food justice issues caused by the National Bioengineered Food Disclosure Standard (NBFDS) and make recommendations for the United States to minimize these concerns. The NBFDS requires the United States Department of Agriculture (USDA) to draft regulations establishing a mandatory disclosure standard for GM food and ultimately, will require a disclosure on the package of any GM food sold in the United States. Part I of the Note provides an overview of the genetically modified (GM) food debate. Part II reviews the NBFDS. Part III explains the food justice implications of GM food production. Part ...


Equitable Sharing Aids Circumventing State Civil Asset Forfeiture, Ella Fisher May 2018

Equitable Sharing Aids Circumventing State Civil Asset Forfeiture, Ella Fisher

Economic Crime Forensics Capstones

Civil Asset Forfeiture (CIVIL ASSET FORFEITURE) is a disputable law enforcement asset utilized to combat the war on drugs and criticized as an abusive practice. Are law enforcement agencies really combatting the war on drugs using civil asset forfeiture law or just using the law for their own self interests? Civil Asset Forfeiture abuse relates to perverse incentives which are further aided by the federal equitable sharing program (ESP). Civil asset forfeiture law allows owners’ assets to be seized and forfeited, by law enforcement agencies without a warrant and/or a criminal conviction. When federal agencies adopt and prosecute, state ...


Reconstructing The Right Against Excessive Force, Avidan Y. Cover Feb 2018

Reconstructing The Right Against Excessive Force, Avidan Y. Cover

Florida Law Review

Police brutality has captured public and political attention, garnering protests, investigations, and proposed reforms. But judicial relief for excessive force victims is invariably doubtful. The judicial doctrine of qualified immunity, which favors government interests over those of private citizens, impedes civil rights litigation against abusive police officers under 42 U.S.C. § 1983. In particular, the doctrine forecloses lawsuits unless the law is clearly established that the force would be unlawful, requiring a high level of specificity and precedent that is difficult to satisfy. Further tilting the balance against excessive force victims, Fourth Amendment case law privileges the police perspective ...


Reconstructing The Right Against Excessive Force, Avidan Y. Cover Feb 2018

Reconstructing The Right Against Excessive Force, Avidan Y. Cover

Florida Law Review

Police brutality has captured public and political attention, garnering protests, investigations, and proposed reforms. But judicial relief for excessive force victims is invariably doubtful. The judicial doctrine of qualified immunity, which favors government interests over those of private citizens, impedes civil rights litigation against abusive police officers under 42 U.S.C. § 1983. In particular, the doctrine forecloses lawsuits unless the law is clearly established that the force would be unlawful, requiring a high level of specificity and precedent that is difficult to satisfy. Further tilting the balance against excessive force victims, Fourth Amendment case law privileges the police perspective ...


Boilerplate Dataset, James Gibson Jan 2018

Boilerplate Dataset, James Gibson

Law Faculty Publications

No abstract provided.


The Behaviour Of Family Lawyers And The Implications For Legal Education, John H. Wade Dec 2017

The Behaviour Of Family Lawyers And The Implications For Legal Education, John H. Wade

John Wade

Legal educators have often developed courses with the purported goal of teaching students to “think like lawyers.” Yet little is known about the ways various classes of lawyers think or behave. This paper offers some insights through anecdotal observations of the behaviour of family lawyers in Sydney. It must be conceded, however, that even beginning to demystify lawyerly behaviour does little to resolve current debates about the goals and methods of legal education.


The Centennial Of The Estate And Gift Tax: Perspectives And Recommendations, Panel 1, James R. Repetti, Jennifer Bird-Pollan, Paul L. Caron, David Joulfaian Dec 2017

The Centennial Of The Estate And Gift Tax: Perspectives And Recommendations, Panel 1, James R. Repetti, Jennifer Bird-Pollan, Paul L. Caron, David Joulfaian

Jennifer Bird-Pollan

Welcome and Introductory Remarks James Repetti, William J. Kenealy, S.J. Professor, Boston College Law School Panel 1: Whether it is desirable to tax the gratuitous transfer of wealth during life or at death Participants: Jennifer Bird-Pollan (University of Kentucky College of Law) Paul Caron (Pepperdine University School of Law) Dr. David Joulfaian (U.S. Department of the Treasury) Commentator and Moderator:James Repetti (Boston College Law School)


Panel 2: The Nlrb, Unions, Courts, And Democracy, Elizabeth L. Macdowell, Matthew Dimick, Charlotte Garden, Ryan Mcginley Stempel, Ann C. Mcginley, Brishen Rogers Nov 2017

Panel 2: The Nlrb, Unions, Courts, And Democracy, Elizabeth L. Macdowell, Matthew Dimick, Charlotte Garden, Ryan Mcginley Stempel, Ann C. Mcginley, Brishen Rogers

Matthew Dimick

Moderator: Elizabeth MacDowell Matthew Dimick: Unions, Employers and Social Policy Preferences Charlotte Garden: Union Made: Labor's Litigation for Broad Social Change Ryan McGinley Stempel & Ann McGinley: Facebook and Concerted Activity: A Renewal of Democracy at Work? Brishen Rogers: Passion and Reason in Labor Law


The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor Nov 2017

The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor

Fordham Law Review

Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach ...


Terrorist Advocacy And Exceptional Circumstances, David S. Han Nov 2017

Terrorist Advocacy And Exceptional Circumstances, David S. Han

Fordham Law Review

This Article proceeds as follows. Part I discusses the harmful effects of terrorist advocacy and outlines the present doctrinal treatment of such speech. Part II discusses the issue of exceptional circumstances and highlights the two approaches courts might take to account for them: applying strict scrutiny to the case at hand or broadly reformulating the First Amendment’s doctrinal boundaries. Part III sets forth my central thesis: courts should adhere to case-by-case strict scrutiny analysis, rather than broad doctrinal reformulation, as the initial means of accounting for exceptional circumstances with respect to terrorist advocacy. This approach reflects the vital importance ...


Group Rights: A Defense, David Ingram Sep 2017

Group Rights: A Defense, David Ingram

David Ingram

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced by ...


Sexy Girl Dance - Pokersilang | Daftar Akun Poker, Poker Silang Aug 2017

Sexy Girl Dance - Pokersilang | Daftar Akun Poker, Poker Silang

Pokersilang.com

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Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart Jul 2017

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.


Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan Jul 2017

Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan

University of Arkansas at Little Rock Law Review

No abstract provided.


Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace Jun 2017

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

  • U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
  • U.S. Department of ...


Our Daughters' Future, Eric J. Segall, Erwin Chemerinsky Jun 2017

Our Daughters' Future, Eric J. Segall, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Lift The Blackout, Erwin Chemerinsky, Eric J. Segall Jun 2017

Lift The Blackout, Erwin Chemerinsky, Eric J. Segall

Erwin Chemerinsky

No abstract provided.


Gay Rights, Racial Prejudice, And True Equality, Eric J. Segall, Erwin Chemerinsky Jun 2017

Gay Rights, Racial Prejudice, And True Equality, Eric J. Segall, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Has The Supreme Court Lost Faith In The Courts?, Erwin Chemerinsky Jun 2017

Has The Supreme Court Lost Faith In The Courts?, Erwin Chemerinsky

Erwin Chemerinsky

For Chicago-Kent's 2013 Centennial Lecture, UC - Irvine School of Law Dean Erwin Chemerinsky posed a question: "Has the Supreme Court lost faith in the courts?" Runtime: 58:46


Knowledge Workers In The New Economy: From Cliché To Contract - The 26th Annual Kenneth M. Piper Lecture, Catherine L. Fisk, Greg W. Castle, Julia A. Clark May 2017

Knowledge Workers In The New Economy: From Cliché To Contract - The 26th Annual Kenneth M. Piper Lecture, Catherine L. Fisk, Greg W. Castle, Julia A. Clark

Catherine Fisk

Professor Catherine Fisk of University of Southern California Law School discusses how the concepts of knowledge work and the new economy have moved rapidly from novelty to cliché. New characteristics of labor markets and the business practices which they represent are yet to be established in American labor and employment law. Changes in legal doctrine and legal process, as well as the changes in business and labor institutions and practices, need to address the demands of firms and workers for fairness as well as efficiency. The widely documented shift from internal to external labor markets, the transformation of many remaining ...


Only 5 Percent Of Senate Staffers Are Black. Congress Needs The ‘Rooney Rule.’ Apr 2017

Only 5 Percent Of Senate Staffers Are Black. Congress Needs The ‘Rooney Rule.’

N. Jeremi Duru

"American University law professor Jeremi Duru — author of “Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL” — explained, “the whole idea of it is to prompt kind of a culture change” and further the idea that “in order to succeed and be competitive, you have to look at a deep pool of candidates.”"


S17rs Sgfb No. 11 (College Bowl Competition), Andrew Vaughn, Logan Duplessis Apr 2017

S17rs Sgfb No. 11 (College Bowl Competition), Andrew Vaughn, Logan Duplessis

Student Senate Enrolled Legislation

To allocate a maximum of six hundred fifteen dollars ($615.00) from the Student Government Legislative Contingency account to fund three (3) graduate members of the Food Science Club to attend the 2017 College Bowl Competition of the Institute of Food Technologies in Fayetteville, Arkansas from March 31-April 2, 2017


La Continuidad De Los Juicios Con El Nuevo Gobierno: El 2 X 1 / The Continuity Of The Judgments With The New Government: The 2 X 1, Julie Olesky Apr 2017

La Continuidad De Los Juicios Con El Nuevo Gobierno: El 2 X 1 / The Continuity Of The Judgments With The New Government: The 2 X 1, Julie Olesky

Independent Study Project (ISP) Collection

La presente investigación se enfoca en los juicios actuales a los responsablesde la última dictadura cívico-militar en Argentina y en una dilucidación en torno al respaldo o falta de apoyo hacia estos procesos por parte de la gestión del presidente Mauricio Macri. A partir de visitas a la ESMA, la asistencia a un juicio, hasta entrevistas con defensores de derechos humanos y profesores y estudiantes de sociología y derecho, se indaga acerca de la importancia y el significado de la justicia en Argentina, cómo opera la justicia, cómo se combate la impunidad, y cómo luchan los organismos de derechos humanos ...


Interviewed For Curtis And Kuby On 77 Wabc Radio, Kari E. Hong Feb 2017

Interviewed For Curtis And Kuby On 77 Wabc Radio, Kari E. Hong

Kari E. Hong

No abstract provided.


Zone Of Nondeference: Chevron And Deportation For A Crime Dec 2016

Zone Of Nondeference: Chevron And Deportation For A Crime

Rebecca Sharpless

The U.S. Supreme Court lacks a jurisprudence for when courts should defer to immigration agency interpretations of civil removal statutes that involve criminal law terms or otherwise require analysis of criminal law. This Article represents a first step toward such a jurisprudence, arguing for an expansive principle of nondeference in cases involving ambiguity in the scope of crime-based removal statutes. The zone of nondeference includes not only statutes like the aggravated felony provision that have both civil and criminal application, but all removal grounds premised on a crime. The animating principles of Chevron U.S.A., Inc. v. Natural ...


Panel Vii: International And Comparative Perspectives Of Masculinities, Camille A. Nelson, Valorie K. Vojdik, Barbara Pozzo Nov 2016

Panel Vii: International And Comparative Perspectives Of Masculinities, Camille A. Nelson, Valorie K. Vojdik, Barbara Pozzo

Camille Nelson

Moderator: Rachel J. Anderson

Panelists:
Camille A. Nelson: Sexuality without Borders: Exploring the Paradoxical Connection between Dancehall and Colonial Law in Jamaica
Valorie K. Vojdik: Masculinities, Feminism and the Turkish Headscarf Ban: Sahin Revisted
Barbara Pozzo: Masculinities Italian Style


The Future Of International Spaceport Regulations: Which Response To Expect From The International Community?, Valentin Degrange Nov 2016

The Future Of International Spaceport Regulations: Which Response To Expect From The International Community?, Valentin Degrange

Space Traffic Management Conference

As humanity is today well into the 21st century, we witness the appearance of new prospects for the utilization and exploitation of outer space, making outer space increasingly “contested, congested and competitive”1. Many aspects of our daily lives have already come to depend on our occupation of Low Earth Orbits (LEO) and Geostationary Earth Orbits (GEO). As the number of space-related activities increases exponentially though, most notably in its commercial facet, so does the need for new spaceports and adequate regulations for the increased space traffic that will follow. The “big sky” theory which protected airborne travelers for ...


Wrongful Birth Litigation, Clinical Practice Guidelines On Prenatal Screening, And Implications For Physicians, Patients And Disabled Canadians, Roxanne Mykitiuk, Mark Pioro, Jeff Nisker Oct 2016

Wrongful Birth Litigation, Clinical Practice Guidelines On Prenatal Screening, And Implications For Physicians, Patients And Disabled Canadians, Roxanne Mykitiuk, Mark Pioro, Jeff Nisker

Roxanne Mykitiuk

Canadian clinicians must be aware of new standards of care resulting from national clinical practice guidelines, both to ensure best practice and to avoid malpractice litigation. Clinical practice guidelines can reduce successful malpractice actions through physician education and they may be used in court as evidence that the standard of care was met. The 2007 clinical practice guidelines on prenatal screening for fetal aneuploidy have expanded the potential for successful wrongful birth litigation and have set a new standard for family physicians, obstetricians, laboratory physicians, radiologists, geneticists, midwives, registered nurses, genetic counselors and ultrasound technicians. The clinical practice guidelines on ...


Gender Equity In Clinical Trials In Canada: Aspiration Or Achievement?, Roxanne Mykitiuk, Patricia Peppin Oct 2016

Gender Equity In Clinical Trials In Canada: Aspiration Or Achievement?, Roxanne Mykitiuk, Patricia Peppin

Roxanne Mykitiuk

Achieving gender equity in clinical trials requires that women be included in sufficient numbers to carry out analysis, that sub-sample analyses be performed, and that results be communicated in such a way as to expand medical knowledge, inform policy decisions, and educate patients. In this article, we examine the extent to which Canada promotes gender equity through its laws and guidelines, viewed within the context of its drug safety system and its research ethics board structure. We analyze the structuring of information by the pharmaceutical industry and consider the impact of its promotional activities on the state of gender knowledge ...


The Potential For Misusing “Genetic Predisposition” In Canadian Courts And Tribunals, Roxanne Mykitiuk, Mark Pioro, Lilith Finkler, Jeff Nisker Oct 2016

The Potential For Misusing “Genetic Predisposition” In Canadian Courts And Tribunals, Roxanne Mykitiuk, Mark Pioro, Lilith Finkler, Jeff Nisker

Roxanne Mykitiuk

The fulfilment of promises made 25 years ago to link clinical conditions with gene sequences has allowed patients and families to better understand hereditary conditions and make choices regarding prevention, early detection and treatment. There have also been warnings issued over this period regarding other purposes for which genetic information may be used, such as discrimination against people with a genetic predisposition for the purposes of employment or insurance. There has also been concern that the “geneticization” of health might divert focus to individual, rather than social, determinants of health and away from the communal responsibility for health. These factors ...