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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 ...


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 ...


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 ...


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.


Containing The Uncontainable: Drawing Rico’S Border With The Presumption Against Extraterritoriality, Miranda Lievsay Mar 2016

Containing The Uncontainable: Drawing Rico’S Border With The Presumption Against Extraterritoriality, Miranda Lievsay

Fordham Law Review

In Morrison v. National Australia Bank Ltd., the Supreme Court created a two-step test governing the extraterritorial reach of all federal statutes, radically altering the application of U.S. laws. Nowhere has this decision caused more upheaval than in the context of analyzing claims under the Racketeering Influenced and Corrupt Organizations Act (RICO). While courts widely agree that RICO does not apply extraterritorially, courts vehemently disagree about the proper standard to determine when a RICO case is appropriately domestic or impermissibly foreign. This Note explores RICO’s origins, its legislative history, and the evolution of its extraterritorial application in Morrison ...


Estates Of Morgan V. Fairfield Family Counseling Center; Application Of Traditional Tort Law Post-Tarasoff, Todd Walker M.D. Jul 2015

Estates Of Morgan V. Fairfield Family Counseling Center; Application Of Traditional Tort Law Post-Tarasoff, Todd Walker M.D.

Akron Law Review

This Note examines the Ohio Supreme Court’s reasoning in Morgan and the legal obligations of the psychotherapist. Section II delineates the background in this area of the law. Section III presents the statement of the case. Finally, Section IV analyzes the Court’s decision. Essentially, the questions to be discussed are (1) whether a duty is owed; (2) if so, to whom that duty is owed; (3) how to discharge that duty; (4) what is the applicable standard of care; and (5) why is it fair (or not) to hold the psychotherapist responsible for consequences that only indirectly affect ...


Bearing Children, Bearing Risks: Feminist Leadership For Progressive Regulation Of Compensated Surrogacy In The United States, Sara L. Ainsworth Dec 2014

Bearing Children, Bearing Risks: Feminist Leadership For Progressive Regulation Of Compensated Surrogacy In The United States, Sara L. Ainsworth

Washington Law Review

Compensated surrogacy—an arrangement in which a woman carries and gives birth to a child for someone else in exchange for money—intimately affects women. Yet, feminist law reformers have not led efforts to regulate this practice in the United States. Their absence is notable given the significant influence of feminist lawmaking in a host of other areas where women’s interests are at stake. This lack of feminist law reform leadership can be understood, however, in light of the complex issues that surrogacy raises—complexity that has long divided feminists. In response to efforts to pass surrogacy legislation in ...


Sooner Lawyer, Fall 2014 Jan 2014

Sooner Lawyer, Fall 2014

Sooner Lawyer Archive

No abstract provided.


From The Dean, Joseph Harroz Jr. Jan 2014

From The Dean, Joseph Harroz Jr.

Sooner Lawyer Archive

No abstract provided.


Sandra Day O'Connor Spends The Day At Ou, Jonella Frank Jan 2014

Sandra Day O'Connor Spends The Day At Ou, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


Global Experiences And Learning: A Cornerstone To A Complete Legal Education, Jessica Jones, Jonella Frank, Evelyn Aswad Jan 2014

Global Experiences And Learning: A Cornerstone To A Complete Legal Education, Jessica Jones, Jonella Frank, Evelyn Aswad

Sooner Lawyer Archive

No abstract provided.


Legal Education Opens Door To International Careers, Jonella Frank Jan 2014

Legal Education Opens Door To International Careers, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


Competitions Program Receives National Recognition, Jonella Frank Jan 2014

Competitions Program Receives National Recognition, Jonella Frank

Sooner Lawyer Archive

No abstract provided.


The Oxford Experience: 40th Anniversary Celebration July 6-10 Jan 2014

The Oxford Experience: 40th Anniversary Celebration July 6-10

Sooner Lawyer Archive

No abstract provided.


Class Notes Jan 2014

Class Notes

Sooner Lawyer Archive

No abstract provided.


Ou Law Updates Jan 2014

Ou Law Updates

Sooner Lawyer Archive

No abstract provided.


Faculty News Jan 2014

Faculty News

Sooner Lawyer Archive

No abstract provided.


Giving Highlights Jan 2014

Giving Highlights

Sooner Lawyer Archive

No abstract provided.


Res Ipsa Loquitur Jan 2014

Res Ipsa Loquitur

Sooner Lawyer Archive

No abstract provided.


Cyberbullying: What's The "Status" In England?, Krupa A. Patel Mar 2012

Cyberbullying: What's The "Status" In England?, Krupa A. Patel

San Diego International Law Journal

This comment will explore the growing concern of cyberbullying and will highlight the need for the English Parliament to create its own national anti-cyberbullying legislation, or to incorporate this activity into existing laws as a preventative measure. Part II will define cyberbullying, highlight the various ways in which cyberbullying differs from traditional forms of bullying, and explore specific forms and mediums of cyberbullying to underscore the difficulty in regulating such actions through the law. It will also include illustrative examples of cyberbullying incidents. Part III explores the current laws that English prosecutors are attempting to use to penalize those who ...


Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad Mar 2012

Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad

San Diego International Law Journal

This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from ...


The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley Mar 2012

The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley

San Diego International Law Journal

In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the ...


Protecting The Children Of The World: A Proposal For Tracking Convicted Sex Offenders Internationally, Nicole J. Smith Mar 2012

Protecting The Children Of The World: A Proposal For Tracking Convicted Sex Offenders Internationally, Nicole J. Smith

San Diego International Law Journal

This comment will compare and contrast the laws governing sex offenders in the United States and European Union and address the current obstacles in establishing a comprehensive international law about sex offenders. Finally, this comment will propose a global sex offender registry to allay the problem of sex offenders in the international community.


Alumni Profiles, Sarah Mazzochi, Kaitlin Brush Jan 2011

Alumni Profiles, Sarah Mazzochi, Kaitlin Brush

Human Rights Brief

No abstract provided.


Rethinking The Usefulness Of Mandatory Rights Of Withdrawal In Consumer Contract Law: The Right To Change Your Mind?, Jan Smits Jan 2011

Rethinking The Usefulness Of Mandatory Rights Of Withdrawal In Consumer Contract Law: The Right To Change Your Mind?, Jan Smits

Penn State International Law Review

No abstract provided.


The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell Jan 2011

The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell

Northwestern Journal of International Law & Business

The two U.S. agencies charged with conducting antidumping investigations may justifiably be labeled a "hanging judge" and a "Teflon tribunal." The Department of Commerce (DOC) investigates whether foreign firms have engaged in "dumping" exports to the United States. Since assuming responsibility for dumping investigations in 1980, the DOC has found that over 90% of the firms it investigated were "guilty." Such one-sided results subject far too many foreign firms to antidumping duty orders - which impair their ability to sell to the U.S. market - and send the wrong message to the United States' trading partners. Because the U.S ...


Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager Jan 2011

Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager

Northwestern Journal of International Law & Business

For the past three decades, culture defenders and free traders have fought a pitched battle over global regulation of audiovisual industries, a collision of seemingly incompatible worldviews whose destructive repercussions policy-makers and scholars have struggled to contain. The battle has played out at multiple levels of international trade law, investment treaties, and UNESCO conventions. Now, the culture-trade war threatens to engulf e-commerce. Fortunately, there is a better way. The extraordinary flowering of Korean popular culture in recent decades—commonly known as the "Korean Wave"—can be traced directly to a set of decentralized policies enacted by South Korea's government ...


The International Anti-Money Laundering And Combating The Financing Of Terrorism Regulatory Strategy: A Critical Analysis Of Compliance Determinants In International Law, Navin Beekarry Jan 2011

The International Anti-Money Laundering And Combating The Financing Of Terrorism Regulatory Strategy: A Critical Analysis Of Compliance Determinants In International Law, Navin Beekarry

Northwestern Journal of International Law & Business

Concerns about the risks money laundering (ML) and terrorist financing (TF) present to the stability of the international financial system have resurfaced in the context of the liquidity problems faced by financial institutions as a result of the recent credit crisis (2008). Because ML and TF evolve with new criminal activities and methodologies, ML and TF present systemic threats to the stability of the financial system. Addressing new developments in ML/TF and their associated risks requires a sufficiently flexible and adaptable international regulatory strategy. In this paper, I examine the international anti-money laundering and combating the financing of terrorism ...