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Maritime Security Governance: Indonesia, Malaysia, And Singapore’S Approach Towards The Proliferation Security Initiative, Sumathy Permal

International Law Studies

Maritime security governance of a strategic strait is a unique exercise that presents formidable complexity for States bordering the strait. These waterways often have choke points the proper management of which is critical for the safe passage of commercial and military vessels. The focus of this article is on the Straits of Malacca (SOM) as a strategic maritime passage that is subject to multiple interests involving governance, military, and commercial aspects. This article seeks to examine maritime security governance approaches by Indonesia, Malaysia, and Singapore towards the Proliferation Security Initiative (PSI).

The littoral States bordering the SOM bear the responsibility …

Third-Party Responsible Gambling Accreditation Programs Are Related To Short-Term Improvements At Casinos But No Ongoing Gains: Evidence From Rg Check, Kahlil S. Philander

UNLV Gaming Research & Review Journal

This study examines how casino operators’ responsible gambling program performance changes after entering a third-party assurance program. Using de-identified responsible gambling accreditation data from the 75 casinos employing the “RG Check” program from 2012 to April 2019, this study finds that casino scores improved in the first reaccreditation period (p < .001, d = 0.92), but failed to improve in the second reaccreditation (p < .78, d = 0.38). Much of the first reaccreditation changes appear to be a result of one-time improvement in the scores of lower performing venues. There also appears to be inconsistent improvements in tactical areas of RG …

Balkinization Symposium On Christian G. Fritz, Monitoring American Federalism: The History Of State Legislative Resistance, Christian G. Fritz

Faculty Scholarship

Balkinization, the blog founded by Knight Professor of Constitutional Law and the First Amendment Jack Balkin (Yale Law School), hosted a symposium on Christian Fritz's book Monitoring American Federalism: The History of State Legislative Resistance (Cambridge University Press, 2023) June 14-26, 2023. Six scholars from law schools across the United States discussed the book and the symposium concluded with Professor Fritz's response to the commentators.

Brief Of The Petitioners-Taxpayers Edward A. And Doris Zelinsky, Edward A. Zelinsky

Faculty Amicus Briefs

As a matter of state law, New York’s own regulations and case law do not permit taxation of Professor Zelinsky’s income earned at home in Connecticut for the COVID-19 period starting on March 15, 2020. Even if New York law permitted the taxation of Professor Zelinsky’s Cardozo salary during this COVID-19 period, as a matter of federal constitutional law, the Due Process and dormant Commerce Clauses do not permit New York’s taxation of this salary earned in Connecticut. In addition, Zelinsky v. Tax Appeals Tribunal, 1 N.Y. 3d 85 (2003), cert. denied, 541 U.S. 1009 (2004), does not apply to …

This Isn't A Reality Show: How Social Media Livestreams Of High-Profile Criminal Trials May Violate One's Right To A Fair Trial, Ryan Fenn

St. John's Law Review

(Excerpt)

Since the invention of television in 1927, the American legal system faced drastic changes. In 1935, the first trial was broadcast to the public in the case of Bruno Hauptmann. During the trial, “[e]laborate telegraph equipment” was installed in the courtroom, with “sound and motion picture equipment . . . plainly visible in the [courtroom] balcony.” From 1935 on, broadcasting technology has been utilized in the courtroom to convey the inner workings of certain courts to the public, which has stimulated debate over whether the use of this technology is conducive to a fair trial under the Sixth and …

Spacs, Forward-Looking Statements, And Rule 419: Is Sec Rulemaking Needed?, Nicholas Vota

St. John's Law Review

(Excerpt)

On October 8, 2020, FirstMark Horizon Acquisition Corp. (“FirstMark” or “Company”) closed an initial public offering (“IPO”) of 41,400,000 units. Each unit was priced at $10.00 and “consist[ed] of one share of Class A common stock of the Company . . . and one-third of one redeemable warrant of the Company.” Each whole warrant provided its holder with the right to purchase “one share of Class A [c]ommon [s]tock for $11.50 per share.” FirstMark generated $414,000,000 in connection with the IPO. These funds were then placed in a trust account and maintained by a trustee.

In a filing submitted …

Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola

St. John's Law Review

(Excerpt)

On September 5, 2018, Paul Saunders discovered a notice on the front door of his mother’s home: it stated that the property, a Brooklyn brownstone owned by the family for over forty years, now belonged to a company called Bridge Street. His mother, seventy-four-year-old retired nurse Marlene Saunders, had been notified several months earlier that her home, valued at two million dollars, was in danger of being foreclosed because she owed New York City (the “City”) $3,792 in unpaid water charges. Her son had already paid the water bill, but when he contacted the water department, he discovered that …

Where To Place The “Nones” In The Church And State Debate? Empirical Evidence From Establishment Clause Cases In Federal Court, Gregory C. Sisk, Michael Heise

St. John's Law Review

In this third iteration of our ongoing empirical examination of religious liberty decisions in the lower federal courts, we studied all digested Establishment Clause decisions by federal circuit and district court judges from 2006 through 2015. The first clause of the First Amendment to the United States Constitution directs that “Congress shall make no law respecting an establishment of religion.” That provision has generated decades of controversy regarding the appropriate role of religion in public life.

Holding key variables constant, we found that Catholic judges approved Establishment Clause claims at a 29.6% rate, compared with a 41.5% rate before non-Catholic …

“You Don’T Bring Me Flowers Anymore”: President Clinton, Paula Jones, And Why Courts Should Expand The Definition Of “Adverse Employment Action” Under Title Vii’S Anti-Retaliation Provision, Lawrence Rosenthal

St. John's Law Review

(Excerpt)

Anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), and the Age Discrimination in Employment Act (“ADEA”) prohibit discrimination based on individuals’ protected characteristics. In addition to prohibiting this type of status-based discrimination, these statutes also prohibit employers from retaliating against employees who assert their rights under the statutes or who assist others in asserting their rights.

Over the past several years, retaliation charges filed with the Equal Employment Opportunity Commission (“EEOC”) have made up an increasingly high percentage of all charges filed with the agency. Specifically, …

Property And Prosperity, A Demythifying Story, Xiaoqian Hu

St. John's Law Review

(Excerpt)

Economic development is fundamentally a property law story. Prominent thinkers―from Adam Smith and Jeremy Bentham, to Douglass North and Richard Posner―tell us that protection of private property rights is essential for economic growth and wealth accumulation. Clear and freely alienable property rights reduce transaction costs and allow private bargaining to produce efficient results. Property rights allow owners to internalize the costs and benefits of their own behavior, reduce production costs, and encourage innovation. Secure property rights protect owners from arbitrary confiscation by the government, foster owner expectations, and facilitate investment, trade, and the development of financial markets. The idea …

Disinformation And The First Amendment: Fraud On The Public, Wes Henricksen

St. John's Law Review

(Excerpt)

Following the 2020 presidential election, the losing candidate, Donald Trump, along with most of the Republican Party, spread the false claim that the election had been stolen by Democrats. Joe Biden, so the claim went, had not been legitimately elected, and was therefore an illegitimate President and needed to be removed. This profitable falsehood6 became known as the “Big Lie.” It was not only baseless, but it was in fact made in spite of and in direct conflict with the overwhelming evidence debunking it. This did not stop people from believing it. Millions bought into the Big Lie, which …

The End Externalities Manifesto: Restatement, Loose Ends, And Unfinished Business, J.B. Ruhl

Pace Environmental Law Review

Professor J.B. Ruhl observes in his article, “The End Externalities Manifesto: Restatement, Loose Ends, and Unfinished Business,” that Elliott and Esty’s proposal for a rights-centric system of environmental law focuses narrowly on a right to recover compensation for harms to human health caused by pollution. He offers suggestions for implementing that proposal, such as using the concept of ecosystem services to trace how harm to ecosystems can cause harm to human health, and he proposes how Elliott and Esty could extend their rights-centric system to a broader conception of human rights and the environment.

Natural Resource Systems And The Evolution Of Environmental Law, Monika Ehrman

Pace Environmental Law Review

Professor Monika Ehrman provides a pragmatic response to Elliott and Esty’s proposal to end all environmental externalities, which she refers to as an “environmental law moonshot.” She examines the value of transforming environmental law and dreaming big as Elliott and Esty recommend, while discussing the practical considerations of doing so. Her considerations include incentivizing technological advancement, compensating environmentally harmed communities to address systemic issues, and breaking down silos in environmental law.

A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi

Pace Environmental Law Review

Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is set at an economically efficient level whereby the tightness of the regulation is increased up to the point where the incremental benefits equal the incremental costs. Setting regulatory standards to achieve the efficient degree of pollution control does not fully discourage entry into polluting industries, provide compensation to those harmed by pollution, or establish meaningful incentives for effective enforcement. This article proposes that the …

Environmental Law For The 21st Century, E. Donald Elliott, Daniel C. Esty

Pace Environmental Law Review

In this issue, Professors Elliott and Esty expand on their original proposal and respond to critics.2 They apply their perspectives as practitioners, as well as academics, to develop their vision for environmental law in the 21st century. They establish three legal duties that should apply to entities that release potentially harmful materials into the environment. Professors Elliott and Esty contend that such entities have a duty (1) of research and disclosure to assure the public that any environmental releases are not harmful, (2) to minimize harm if they fail to demonstrate the releases are harmless, and (3) to compensate those …

Introduction, Gabriella Mickel, Samantha Blend

Pace Environmental Law Review

No abstract provided.

Remembering The Hon. Viola J. Taliaferro, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Judge Viola J. Taliaferro, a pathbreaking jurist in Monroe County and renowned advocate for its children, passed away Monday, June 12 in Bloomington.

A 1977 graduate of the Indiana University Maurer School of Law, Taliaferro entered the legal profession later in life, but wasted no time making an immediate—and lasting—impact on her local community.

Viola Taliaferro earned a Master of Liberal Arts degree from Johns Hopkins University in 1969. By then she and George had four children, and the family returned to Bloomington—where George had played for the Indiana University Hoosier football team—in 1972.

Three years later she enrolled at …

The New Ali Restatement And The Doctrine Of Non-Self-Executing Treaties, David Sloss

Faculty Publications

No abstract provided.

Inadequate Documentation, Communication, And Regulation: How Noaa And Aphis Have Failed Marine Mammals, Mckenzi L. Stevens

Ocean and Coastal Law Journal

Marine mammals have been used in the U.S. entertainment system for several decades. While they were first acquired through capture from the wild, the trade and birth of marine mammals in facilities of public display – zoos and aquariums – has boomed. Since the early 1940s, the National Oceanic and Atmospheric Administration has been tasked with maintaining the record of each marine mammal under U.S. ownership. However, documentation has been improperly maintained, leading to inaccurate data, and even the “misplacement” of marine mammals. This is largely due to the lack of communication of the Animal and Plant Health Inspection Service, …

Jonesing To Repeal The Jones Act, Andrés A. Kenney

Ocean and Coastal Law Journal

The Jones Act—the title for a series of laws—is the backbone of American cabotage laws, and yet, it is rarely talked about in mainstream American discourse. The original Jones Act was enacted in 1920, and since 1920, it has not changed to any measurable degree. The Jones Act requires that all domestic maritime shipping—movement of merchandise from one U.S. point to another U.S. point—be completed by ships that are owned by U.S. citizens, operated by U.S. citizen crews, built in the U.S., and flagged by the U.S. These requirements have hampered the American economy, its security, and the maintenance of …

Fishing Against The Wind: The Federal Government’S Obligation To Consider And Mitigate Fishing Impacts From Offshore Wind Development On The Outer Continental Shelf, Benjamin B. Algeo

Ocean and Coastal Law Journal

As offshore wind development activity increases along the East Coast of the United States, commercial fishing groups have raised concerns about potential impacts on their operations. This comment examines the Bureau of Ocean Energy Management’s legal obligation under the Outer Continental Shelf Lands Act to consider these concerns and mitigate potential impacts during the offshore wind leasing process. The comment concludes that the Act does require the Bureau to both consider any potentially affected fishing uses and to prevent impacts to “reasonable uses,” though the Bureau has significant discretion to determine what constitutes a “reasonable use.”

Pointing Fingers At Nonpoint Source Polluters: How A Coastal Nonpoint Pollution Control Program Could Influence Forestry Practices In Oregon’S Coastal Zone, Brenden Kaze Catt

Ocean and Coastal Law Journal

The Clean Water Act regulates the discharge of pollutants into waters of the United States. Despite nonpoint pollution accounting for most water pollution, the Clean Water Act has few mechanisms to address such pollution. For coastal communities, this is of particular concern. Indeed, this concern facilitated a regulatory regime under the Coastal Zone Management Act and, subsequently, the Coastal Zone Act Reauthorization Amendments. These acts use established coastal management programs as a regulatory vehicle to drive nonpoint pollution mitigation in the coastal zone through the implementation of a Coastal Nonpoint Pollution Control Program. Oregon has an established coastal management program. …

Nd Lawyers Of New York City: ‘Off The Court’ With Muffet Mcgraw And Coquese Washington ’97 J.D., Marcus Cole

2019–Present: G. Marcus Cole

Notre Dame Law School Dean G. Marcus Cole participated in a fireside chat with Muffet McGraw, the former head women’s basketball coach at Notre Dame, and Coquese Washington ’92, ’97 J.D., the head women’s basketball coach at Rutgers on June 6 in New York City.

Medication Abortion And The Post-Dobbs Legal Landscape, Rachel Rebouché

Seton Hall Law Review

No abstract provided.

Table Of Contents

Seton Hall Law Review

No abstract provided.

Alito Is Wrong: We Can Assess The Impact Of Dobbs, And It Is Bad For Women’S Health, Sonia M. Suter

Seton Hall Law Review

No abstract provided.

Singing In The Key Of Dobbs: Historical Inquiries Into The Institutionalization Of Support For Families And Children, Sacha M. Coupet

Seton Hall Law Review

No abstract provided.

Promoting Health Care Equity: The Instrumentality Of Medicare And Medicaid In Fighting Ableism Within The American Health Care System, Emmalise Earl

Seton Hall Law Review

No abstract provided.

Invisible String: A Comparison Of States’ Abortion And Infertility Coverage Laws Shows Limiting Bodily Autonomy Is The Common Thread Tying Seemingly Opposite Policies Together, Kaitlyn E. Mcgill

Seton Hall Law Review

No abstract provided.

Family Needs, Family Leave In 2023, Katharine Silbaugh

Seton Hall Law Review

No abstract provided.