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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.


Citizen Science: The Law And Ethics Of Public Access To Medical Big Data, Sharona Hoffman May 2016

Citizen Science: The Law And Ethics Of Public Access To Medical Big Data, Sharona Hoffman

Berkeley Technology Law Journal

Patient-related medical information is becoming increasingly available on the Internet, spurred by government open data policies and private sector data sharing initiatives. Websites such as HealthData.gov, GenBank, and PatientsLikeMe allow members of the public to access a wealth of health information. As the medical information terrain quickly changes, the legal system must not lag behind. This Article provides a base on which to build a coherent health data policy. It canvasses emergent data troves and wrestles with their legal and ethical ramifications. Publicly accessible medical data have the potential to yield numerous benefits, including scientific discoveries, cost savings, new ...


Privacy And Court Records: An Empirical Study, David S. Ardia, Anne Klinefelter May 2016

Privacy And Court Records: An Empirical Study, David S. Ardia, Anne Klinefelter

Berkeley Technology Law Journal

As courts, libraries, and archives move to make court records available online, the increased ease of public access raises concerns about privacy. Little work has been done, however, to study how often sensitive information appears in court records and the context in which it appears. This Article fills this gap by analyzing a large corpus of briefs and appendices submitted to the North Carolina Supreme Court from 1984 to 2000. Based on a survey of privacy laws and privacy scholarship, we created a taxonomy of 140 types of sensitive information, grouped into thirteen categories. We then coded a stratified random ...


Towares A Modern Approach To Privacy-Aware Government Data Releases, Micah Altman, Alexandra Wood, David R. O'Brien, Salil Vadhan May 2016

Towares A Modern Approach To Privacy-Aware Government Data Releases, Micah Altman, Alexandra Wood, David R. O'Brien, Salil Vadhan

Berkeley Technology Law Journal

Governments are under increasing pressure to publicly release collected data in order to promote transparency, accountability, and innovation. Because much of the data they release pertains to individuals, agencies rely on various standards and interventions to protect privacy interests while supporting a range of beneficial uses of the data. However, there are growing concerns among privacy scholars, policymakers, and the public that these approaches are incomplete, inconsistent, and difficult to navigate. To identify gaps in current practice, this Article reviews data released in response to freedom of information and Privacy Act requests, traditional public and vital records, official statistics, and ...


Open Data, Privacy, And Fair Information Principles: Towards A Balancing Framework, Frederik Zuiderveen Borgesius, Jonathan Gray, Mireille Van Eechoud May 2016

Open Data, Privacy, And Fair Information Principles: Towards A Balancing Framework, Frederik Zuiderveen Borgesius, Jonathan Gray, Mireille Van Eechoud

Berkeley Technology Law Journal

Open data are held to contribute to a wide variety of social and political goals, including strengthening transparency, public participation and democratic accountability, promoting economic growth and innovation, and enabling greater public sector efficiency and cost savings. However, releasing government data that contain personal information may threaten privacy and related rights and interests. In this Article we ask how these privacy interests can be respected, without unduly hampering benefits from disclosing public sector information. We propose a balancing framework to help public authorities address this question in different contexts. The framework takes into account different levels of privacy risks for ...


Public Health As A Model For Cybersecurity Information Sharing, Elaine M. Sedenberg, Deirdre K. Mulligan May 2016

Public Health As A Model For Cybersecurity Information Sharing, Elaine M. Sedenberg, Deirdre K. Mulligan

Berkeley Technology Law Journal

Policy proposals often feature information sharing as a means to improve cybersecurity, but lack specificity connecting these activities to specific goals intended to advance the state of cybersecurity. We use the Doctrine of Cybersecurity as a lens to examine existing information sharing efforts and evaluate the utility of information sharing proposals. Leaning on the analogous public good-oriented field of public health, we extract insights on how these information policies and practices evolved to promote goals while actively mediating among values. Based on our review of specific public health information sharing systems, we derive a set of four principles—expert and ...


Full Issue, Berkeley Technology Law Journal May 2016

Full Issue, Berkeley Technology Law Journal

Berkeley Technology Law Journal

Berkeley Technology Law Journal Volume 30 Issue 3


Push, Pull, And Spill: A Transdisciplinary Case Study In Municipal Open Government, Jan Whittington, Ryan Calo, Mike Simon, Jesse Woo May 2016

Push, Pull, And Spill: A Transdisciplinary Case Study In Municipal Open Government, Jan Whittington, Ryan Calo, Mike Simon, Jesse Woo

Berkeley Technology Law Journal

Municipal open data raises hopes and concerns. The activities of cities produce a wide array of data, data that is vastly enriched by ubiquitous computing. Municipal data is opened as it is pushed to, pulled by, and spilled to the public through online portals, requests for public records, and releases by cities and their vendors, contractors, and partners. By opening data, cities hope to raise public trust and prompt innovation. Municipal data, however, is often about the people who live, work, and travel in the city. By opening data, cities raise concern for privacy and social justice. This article presents ...


Towards "Never Again": Searching For A Right To Remedial Secession Under Extant International Law, Steven R. Fisher Apr 2016

Towards "Never Again": Searching For A Right To Remedial Secession Under Extant International Law, Steven R. Fisher

Buffalo Human Rights 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 ...


Lessons Form The Cambodian Experience With Truth And Reconciliation, John D. Ciorciari, Jaya Ramji-Nogales Apr 2013

Lessons Form The Cambodian Experience With Truth And Reconciliation, John D. Ciorciari, Jaya Ramji-Nogales

Buffalo Human Rights Law Review

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.


The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti Sep 2011

The Solitary Confinement Of Juveniles In Adult Jails And Prisons: A Cruel And Unusual Punishment?, Anthony Giannetti

Buffalo Public Interest Law Journal

No abstract provided.


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 ...


Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Foster Halabi Jan 2011

Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Foster Halabi

Northwestern Journal of International Law & Business

Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these "credible commitments," investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This ...


Is Latin American Taxation Policy Appropriate For Promoting Foreign Direct Investment In The Region?, Hugo A. Hurtado Jan 2011

Is Latin American Taxation Policy Appropriate For Promoting Foreign Direct Investment In The Region?, Hugo A. Hurtado

Northwestern Journal of International Law & Business

The purpose of this article is to analyze whether the international tax policy adopted by different Latin American countries is the most appropriate for promoting foreign direct investment and what measures can be adopted by these countries in order to improve such policy. I conclude that an integrated international tax policy would promote greater FDI in the region. To achieve this goal, an analysis of the appropriate tax policy must be delivered to a multidisciplinary body with a presence in the whole region that is able to interact with scholars, private practitioners, and treasury ministries to exchange ideas and adapt ...


Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman Jan 2011

Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman

Northwestern Journal of International Law & Business

The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) represents an effort by the Members of the World Trade Organization (WTO) to balance competing interests in liberalizing trade, on one hand, and protecting human, animal, and plant life from risks posed by the free flow of goods on the other. SPS disputes center around a core question: Does the imported product at issue present a sufficiently serious threat to national health to warrant the imposition of trade-restrictive measures? Over twelve years and six disputes, panels and the Appellate Body (AB) have addressed this question by evaluating respondents' risk assessments. The ...


Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout Jan 2011

Toward A Regulatory Model Of Internet Intermediary Liability: File-Sharing And Copyright Enforcement, Christopher M. Swartout

Northwestern Journal of International Law & Business

One of the major problems presented by digital content and the internet has been the failure of traditional copyright enforcement mechanisms to adequately address infringement that takes place via online file-sharing. Recently, laws that would introduce a new copyright enforcement paradigm have been proposed in numerous countries and have received strong support from content industries seeking a more effective enforcement regime. These laws are often referred to as "graduated response" policies. Although there is some variation, graduated response laws typically impose requirements on Internet Service Providers (ISPs) to cooperate with rightsholders and government in policing illegal file-sharing. ISPs are required ...


The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries, Laura L. Norris Jan 2011

The Revolving Door Of Emigration: The Economic Influences Of Remittances In Developing Countries, Laura L. Norris

Northwestern Journal of International Law & Business

Economic incentives play an integral role in many individuals' choices to leave their country of origin. While a person may independently make the decision to migrate, some governments have developed extensive programs to promote the export of workers. Developing nations often initiate such programs for the purpose of acquiring additional sources of foreign exchange and external financing, as emigrants in transnational families can play a critical role in development through remittances. Remittances to developing countries totaled $325 billion in 2010, and they will likely continue to increase along with emigration. The following Comment considers the palpable contribution remittances have on ...


Solving Global Financial Imbalances: A Plan For A World Financial Authority, Carlos Mauricio S. Mirandola Jan 2011

Solving Global Financial Imbalances: A Plan For A World Financial Authority, Carlos Mauricio S. Mirandola

Northwestern Journal of International Law & Business

This paper will propose a plan to reform international finance—the World Financial Authority (WFA) Plan. Under such a plan, the IMF and other existing international financial institutions would be reformed and coordinated around a newly created WFA. The WFA would have two core functions. The first function would be to manage international liquidity, thus reducing externalities arising from domestic monetary policies adopted by its members, and addressing global liquidity problems involving financial activities of transnational private banks. The second function would be to help countries make their domestic monetary policies more effective, thus regaining traction and preventing contagion. A ...


“Say On Pay”: The Movement To Reform Executive Compensation In The United States And European Union, Marisa Anne Pagnattaro, Stephanie Greene Jan 2011

“Say On Pay”: The Movement To Reform Executive Compensation In The United States And European Union, Marisa Anne Pagnattaro, Stephanie Greene

Northwestern Journal of International Law & Business

In the aftermath of an array of economic failures, there is a growing movement to reform executive compensation. Concerned that executive compensation structures reward inappropriate risk taking and create a short-term perspective, the United States and the European Union are taking steps to reform the ways executives are compensated. Part I analyzes governmental and regulatory action in the United States, including SEC disclosure rules and the Dodd-Frank Wall Street Reform and Consumer Protection Act. Part II details new initiatives in the European Union that recommend changes to remuneration for directors of listed companies and remuneration in the financial services sector ...