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Articles 1861 - 1890 of 189947
Full-Text Articles in Law
Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu
Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu
Popular Media
No abstract provided.
Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law
Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Cardozo Law News Brief: November 3, 2023, Benjamin N. Cardozo School Of Law
Cardozo Law News Brief: November 3, 2023, Benjamin N. Cardozo School Of Law
Cardozo Law News Brief 2023
Featured Faculty:
- Matthew Wansley
- Pamela Foohey
- Rebekah Diller
- Young Ran (Christine) Kim
- Barbara Kolsun
- Alma Magana
- Lindsay Nash
- Robyn Weinstein
Events:
- The FAME Center Presents: Russia, Ukraine, AML and KYC: Due Diligence Concerns for the Art Market
- The FAME Center Presents: Thoughts on the Future: LLMs Staying in the United States
Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert
Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert
Articles
Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …
7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law
7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Maine's Right To Food: A Symbolic Right Or A Practical Right?, Tess Bedingfield
Maine's Right To Food: A Symbolic Right Or A Practical Right?, Tess Bedingfield
Cardozo Journal of Equal Rights and Social Justice Blog
In November 2021, Maine became the first U.S. state to adopt a constitutional amendment guaranteeing the right to food. The amendment passed by a wide, bipartisan margin of 61% to 31% and states that "[a]ll individuals have a natural, inherent and unalienable right to food, including the right to save and exchange seeds and the right to grow, raise, harvest, produce and consume the food of their own choosing." Although many states have protected constitutional rights to hunt, fish, and farm, Maine’s constitutional amendment is the first to adopt such broad language enshrining food as an unalienable right. Prior to …
Judge Capell’S Tiktok: A Model To Empower The Public To Be Their Own Conflict Negotiators, Marielle Burnett
Judge Capell’S Tiktok: A Model To Empower The Public To Be Their Own Conflict Negotiators, Marielle Burnett
Cardozo Journal of Conflict Resolution Blog
What if social media platforms were leveraged to empower interested users to resolve their own conflicts without litigation? This is a question that Brooklyn Civil Court Judge Heela Capell is exploring through several online platforms, most notably TikTok.
This post was originally published on the Cardozo Journal of Conflict Resolution website on November 2, 2023. The original post can be accessed via the Archived Link button above.
Ai And The Issue Of Human-Centricity In Copyright Law, Arul George Scaria
Ai And The Issue Of Human-Centricity In Copyright Law, Arul George Scaria
Popular Media
This article urges Indian policymakers and courts to be cautious in extending existing IP protections to work generated by Artificial Intelligence. Reflecting on the concept of human-centricity in copyright law, it draws upon a recent US District Court judgement in Stephen Thaler v. Shira Perlmutter, which deals with the question of whether a work autonomously generated by AI should be copyrightable. It goes on to examine the Indian copyright regime in light of changing attitudes to AI regulation across the world.
Housing Discrimination And Negative Attitudes Towards Ex-Offender Parents, Julie Wertheimer-Meier
Housing Discrimination And Negative Attitudes Towards Ex-Offender Parents, Julie Wertheimer-Meier
Department of Psychology: Dissertations, Theses, and Student Research
While the Fair Housing Act prohibits housing discrimination because of race, gender, religion, sex, disability, family status, and national origin, it allows housing providers to discriminate on the basis of criminal history. Prior research shows that housing providers disproportionately deny housing to ex-offender applicants and single parent applicants with young children. An ex-offender parent’s inability to acquire safe and affordable housing decreases the potential for reunification with their children and increases the risk of lost custody or parental rights termination. This dissertation consisted of two experiments that examined the effects of negative attitudes towards ex-offender parents on those parents’ ability …
Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023, Roger Williams University School Of Law
Integrating Doctrine & Diversity Speaker Series: Beyond The Casebook: Deib And Supplementary Materials 2023, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Reclaiming Regulatory Intermediation For The Public, Daniel E. Walters
Reclaiming Regulatory Intermediation For The Public, Daniel E. Walters
Faculty Scholarship
Managerial governance is often operationalized through outsourcing the regulatory function from public institutions—for example, administrative agencies—to private organizations. In virtually any sector, it is possible to identify private “regulatory intermediaries” that step between public agencies and regulated parties to perform tasks traditionally played by government actors—for example, the development of regulatory standards, auditing, compliance assurance, enforcement, and more. Although this reliance on private regulatory intermediaries may in some cases be highly advantageous to government institutions since it may sometimes allow government agencies to do more regulatory work than their own resources and capacity might allow—it comes at significant costs of …
Ensuring Data Privacy In A Decentralized World: An Analysis Of The Legal Challenges And Implications Of Smart Contracts, Khusbeen Dhillon
Ensuring Data Privacy In A Decentralized World: An Analysis Of The Legal Challenges And Implications Of Smart Contracts, Khusbeen Dhillon
Featured Student Work
Advances in blockchain technology have revolutionized what a contract can be: lines of code that are stored on the decentralized network, otherwise known as smart contracts. Smart contracts are self-executing agreements that automatically enforce the terms of the agreement using a series of if-then conditions. They are projected to give a better solution to traditional contracts in terms of reducing risk, reducing costs, and improving the efficiency of corporate processes. However, the transparent and immutable nature of blockchain technology imposes significant challenges regarding an individual’s right to control their personal information in the context of smart contracts. This article examines …
Navigating The Bead Weeds - Project Areas - November 2023, New York Law School
Navigating The Bead Weeds - Project Areas - November 2023, New York Law School
Reports and Resources
No abstract provided.
Risk, Responsibility, Resilience, Respect: Covid-19 And The Protection Of Health Care Workers, William M. Sage, Victoria L. Tiase
Risk, Responsibility, Resilience, Respect: Covid-19 And The Protection Of Health Care Workers, William M. Sage, Victoria L. Tiase
Faculty Scholarship
Medicine and nursing have long professional traditions of altruism and self-sacrifice, including undertaking not only extreme stress but also personal risk in service of patient care. With exceptions for natural disasters, humanitarian missions, and military service, however, recent concerns about professional “burnout” often have had more to do with mismanagement, exploitation, and generational or technological change than with core clinical circumstances. The COVID-19 pandemic changed that – bringing front and center the close connections between the well-being of health care workers and the well-being of the patients they serve. This chapter begins with the COVID-19 experience of health care workers …
Effective Shareholder Engagement To Address The Food Sector’S Sdg-Related Impacts In Mexico, Nora Mardirossian
Effective Shareholder Engagement To Address The Food Sector’S Sdg-Related Impacts In Mexico, Nora Mardirossian
Columbia Center on Sustainable Investment
While investor engagement on environmental and social issues have grown in recent years, they remain limited in Mexico and other emerging markets.
Investors have an opportunity to do more to help address critical SDG-related issues in these contexts through their active ownership efforts. By doing so, they can be more responsible in ensuring respect for human rights, protecting shared systems, and supporting their long-term financial interests. Importantly, they can also ensure they comply with – and support their portfolio companies in complying with – emerging legal frameworks requiring reporting and due diligence on the impacts of their global value chains. …
Jurisdiction Beyond Our Borders: United States V. Alcoa And The Extraterritorial Reach Of American Antitrust, 1909–1945, Laura Phillips Sawyer
Jurisdiction Beyond Our Borders: United States V. Alcoa And The Extraterritorial Reach Of American Antitrust, 1909–1945, Laura Phillips Sawyer
Scholarly Works
Chapter in the book Antimonopoly and American Democracy by Daniel A. Crane and William J. Novak, eds., Oxford University Press, 2023.
In 1945, Judge Learned Hand wrote one of the most influential opinions in modern antitrust law. In declaring that the Aluminum Company of America (Alcoa) had illegally monopolized the industry for virgin aluminum and had participated in an illegal international cartel, Hand both revived and extended American antitrust law. The ruling is famous for several reasons: it narrowly defined the relevant market in favor of the government; it expanded the category of impermissible dominant firm conduct; it interpreted congressional …
Electoral Sandbagging, Lisa Marshall Manheim
Electoral Sandbagging, Lisa Marshall Manheim
Articles
An insidious tactic threatens elections across the United States. Some refer to it as a “bait and switch.” Others recognize a form of “election sabotage.” While the labels vary, the pattern is the same. First, an election official or other figure of authority consents to an error at an early stage of the election process. The actor then waits to see how the election unfolds. If the election results are favorable, the error slides into irrelevance. If not, that same actor refers back to the earlier error, now with indignity, and insists that it requires a late-stage disruption of the …
Maternal Exposure To Ssris Or Snris And The Risk Of Congenital Abnormalities In Offspring: A Systematic Review And Meta-Analysis, Weiyi Huang, Robin Page, Theresa Morris, Susan Ayres, Alva Ferdinand, Samiran Sinha
Maternal Exposure To Ssris Or Snris And The Risk Of Congenital Abnormalities In Offspring: A Systematic Review And Meta-Analysis, Weiyi Huang, Robin Page, Theresa Morris, Susan Ayres, Alva Ferdinand, Samiran Sinha
Faculty Scholarship
Background
The association of maternal exposure to selective serotonin reuptake inhibitors (SSRIs) or serotonin and norepinephrine reuptake inhibitors (SNRIs) with the risk of system-specific congenital malformations in offspring remains unclear. We conducted a meta-analysis to examine this association and the risk difference between these two types of inhibitors.
Methods
A literature search was performed from January 2000 to May 2023 using PubMed and Web of Science databases. Cohort and case-control studies that assess the association of maternal exposure to SSRIs or SNRIs with the risk of congenital abnormalities were eligible for the study.
Results
Twenty-one cohort studies and seven case-control …
Special Challenges In Execution Of Arbitral Awards In Public Private Partnerships, Srividhya Ragavan, Niraj Kumar Seth
Special Challenges In Execution Of Arbitral Awards In Public Private Partnerships, Srividhya Ragavan, Niraj Kumar Seth
Faculty Scholarship
With around 47 million pending cases at various stages of Indian judiciary and one of the lowest levels of judges per million of population in the world, India’s arbitration regime presents a ray of hope for millions of Indians who face the prospect of justice being denied to them due to inordinate delays caused by a clogged judicial pipeline. The enactment of the Arbitration and Conciliation Act, 1996 was presented as a viable alternative to resolve commercial disputes in a timely manner. This paper uses a case study to discuss how arbitration in India has not fulfilled the timeliness promise …
Convergence By Design: Who Contracts And The Plural Purposes Of Contract Law, Gregory Klass
Convergence By Design: Who Contracts And The Plural Purposes Of Contract Law, Gregory Klass
Georgetown Law Faculty Publications and Other Works
A theory is robustly pluralist if it maintains that law is justified by multiple independent nonordered principles. Some have argued that robustly pluralist theories are deficient because they can provide no practical guidance when those principles conflict. The objection is misplaced when applied to pluralist theories of contract law.
This article demonstrates the possibility of a robustly pluralist and practically relevant theory of contract law by modeling a multipurpose law of contract. Five simple models are constructed to illustrate several purposes a contract law might serve, depending on preferences of the populace (self-interested utility maximizers, a preference for sharing, a …
Misconduct On Public Transit: An Exploratory Analysis Using The Comments Formerly Known As Tweets, Egbe Etu Etu, Asha Weinstein Agrawal, Imokhai Tenebe, Jordan Larot, Dang Minh Nhu Nguyen
Misconduct On Public Transit: An Exploratory Analysis Using The Comments Formerly Known As Tweets, Egbe Etu Etu, Asha Weinstein Agrawal, Imokhai Tenebe, Jordan Larot, Dang Minh Nhu Nguyen
Mineta Transportation Institute
This project developed a simple methodology for using Twitter data to explore public perceptions about misconduct on public transit in California. The methodology allows future researchers to analyze tweets to answer questions such as: How frequent are tweets related to assault, abuse, or other misconduct on public transit? What concerns arise most frequently? What are the types of behaviors discussed? We collected and analyzed data from Twitter posts in California about various types of public transit misconduct from January 2020 to March 2023 to identify the nature and frequency of reported misconduct. Our findings reveal that harassment, uncivil behavior, and …
Symposium: Reimagining The Rules Of Evidence At 50, Edward K. Cheng
Symposium: Reimagining The Rules Of Evidence At 50, Edward K. Cheng
Vanderbilt Law School Faculty Publications
Prior to the eighteenth century, cartographers would often fill uncharted areas of maps with sea monsters, other artwork, or even rank speculation—a phenomenon labeled “horror vacui,” or fear of empty spaces. For example, in Paolo Forlani’s world map of 1565, a yet to-be-discovered southern continent was depicted with anticipated mountain chains and animals. The possible explanations for horror vacui are varied, but one reason may have been a desire “to hide [the mapmakers’] ignorance.” Not until “maps began to be thought of as more purely scientific instruments . . . [did] cartographers . . . restrain their concern about spaces …
Using Objective Characteristics To Target Household Recycling Policies, W. Kip Viscusi, Joel Huber, Jason Bell
Using Objective Characteristics To Target Household Recycling Policies, W. Kip Viscusi, Joel Huber, Jason Bell
Vanderbilt Law School Faculty Publications
Household recycling is valuable because it reduces demand for virgin raw materials and lessens the cost of making products containing paper, metal, glass, or plastic. Effective recycling programs limit the amount of materials sent to landfills. Understanding the policies and contexts that are most conducive to promot- ing recycling can assist in the development of more effective recycling systems. It can also help businesses that are concerned with the disposition of their products and packaging. Using the most comprehensive data set on U.S. household recycling behavior, this Comment quantifies the relative impact on recycling of characteristics associ- ated with recycling …
Deplatforming, Ganesh Sitaraman
Deplatforming, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
Deplatforming in the technology sector is hotly debated, and at times may even seem unprecedented. In recent years, scholars, commentators, jurists, and lawmakers have focused on the possibility of treating social-media platforms as common carriers or public utilities, implying that the imposition of a duty to serve the public would restrict them from deplatforming individuals and content.
But, in American law, the duty to serve all comers was never absolute. In fact, the question of whether and how to deplatform-—to exclude content, individuals, or businesses from critical services—- has been commonly and regularly debated throughout American history. In the common …
Excerpts Of Sccr 44 Delegate Statements, Sean Flynn, Andres Izquierdo
Excerpts Of Sccr 44 Delegate Statements, Sean Flynn, Andres Izquierdo
Joint PIJIP/TLS Research Paper Series
The World Intellectual Property Organization’s Standing Committee on Copyright and Related Rights (SCCR) held its 44th meeting November 6-8, 2023. This post includes excerpts from the public statements made by country or regional delegations during the meeting.
The Constitutional Court Of Colombia Imposes Limits On The Use Of Internet Jammers During Social Protests, Carolina Botero, Lina Paola Velásquez
The Constitutional Court Of Colombia Imposes Limits On The Use Of Internet Jammers During Social Protests, Carolina Botero, Lina Paola Velásquez
Joint PIJIP/TLS Research Paper Series
The Constitutional Court of Colombia has issued an important ruling regarding the use of the Internet as the main tool to guarantee the fundamental rights to freedom of speech and access to information during social protests. This ruling marks an important precedent in the matter because it imposed new obligations on the State and the government to guarantee the "maximum level of information". Likewise, the Court ordered the regulation of the use of signal jammers during social protests. This article will analyze the ruling and its effects in Colombia.
The Conclusions Of Sccr 44, Sean Flynn
The Conclusions Of Sccr 44, Sean Flynn
Joint PIJIP/TLS Research Paper Series
Last week, the World Intellectual Property Organization’s Standing Committee on Copyright and related Rights (SCCR) held its 44th meeting where substantial progress was made in protecting public interest issues within the two major standing items of the agenda -- on the Broadcast Treaty and on Limitations and Exceptions. This document summarizes the decisions made at the meeting as recorded in the Chair’s Summary.
Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso
Does Title Vii Prohibit Discrimination In Employment-Transfer Decisions Only If They Cause Materially Significant Disadvantages For Employees?, Anne Marie Lofaso
Law Faculty Scholarship
Case at a Glance: Petitioner Jatonya Clayborn Muldrow, a sergeant for the St. Louis Police Department, was transferred to another unit within the department. Muldrow sued the City of St. Louis for making a discriminatory transfer decision in alleged violation of Title VII. This case presents the question of whether Title VII prohibits discriminatory transfer decisions absent a separate court determination that the decision caused Muldrow materially significant disadvantages.
The Superfluous Rules Of Evidence, Jeffrey Bellin
The Superfluous Rules Of Evidence, Jeffrey Bellin
Faculty Publications
There are few American legal codifications as successful as the Federal Rules of Evidence. But this success masks the project’s uncertain beginnings. The drafters of the Federal Rules worried that lawmakers would not adopt the new rules and that judges would not follow them. As a result, they included at least thirty rules of evidence that do not, in fact, alter the admissibility of evidence. Instead, these rules: (1) market the rules project, and (2) guide judges away from anticipated errors in applying the (other) nonsuperfluous rules.
Given the superfluous rules’ covert mission, it should not be surprising that the …
The Independent Agency Myth, Neal Devins, David E. Lewis
The Independent Agency Myth, Neal Devins, David E. Lewis
Faculty Publications
Republicans and Democrats are fighting the wrong fight over independent agencies. Republicans are wrong to see independent agencies as anathema to hierarchical presidential control of the administrative state. Democrats are likewise wrong to reflexively defend independent agency expertise and influence. Supreme Court Justices also need to break free from this trap; the ongoing struggle over independent agencies should be about facts, not partisan rhetoric.
This Article seeks to reframe the fight over independent agencies. By surveying executive branch and independent agency department heads and supervisors during the Obama (2014) and Trump (2020) administrations, we have assembled unique and expansive data …