Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Arts and Humanities (1029)
- International Law (679)
- Social and Behavioral Sciences (665)
- Constitutional Law (638)
- Health Law and Policy (495)
-
- Business (454)
- Criminal Law (446)
- Civil Rights and Discrimination (363)
- Education (360)
- Human Rights Law (356)
- Law and Society (353)
- State and Local Government Law (346)
- Intellectual Property Law (330)
- Administrative Law (298)
- Supreme Court of the United States (286)
- Courts (275)
- Environmental Law (265)
- Law and Race (258)
- Contracts (257)
- Criminal Procedure (254)
- Political Science (243)
- Legislation (234)
- Jurisprudence (221)
- Science and Technology Law (216)
- Comparative and Foreign Law (214)
- Oil, Gas, and Mineral Law (214)
- Internet Law (213)
- Civil Law (204)
- Law and Politics (204)
- Institution
-
- University of Florida Levin College of Law (2246)
- Association of Arab Universities (717)
- Universitas Indonesia (331)
- Southern Methodist University (231)
- Journal of STEPS for Humanities and Social Sciences (STEPS) (204)
-
- Fordham Law School (156)
- Duke Law (145)
- University of Pennsylvania Carey Law School (145)
- William & Mary Law School (142)
- University of Michigan Law School (137)
- UC Law SF (128)
- University of Chicago Law School (115)
- University of Missouri School of Law (115)
- Case Western Reserve University School of Law (114)
- Georgia State University College of Law (110)
- American Dental Association (107)
- American University Washington College of Law (103)
- University of Oklahoma College of Law (103)
- Notre Dame Law School (99)
- Loyola University Chicago, School of Law (98)
- National Law School of India University (94)
- DePaul University (92)
- Brooklyn Law School (91)
- Emory University School of Law (91)
- University of North Carolina School of Law (90)
- University of San Diego (90)
- Northwestern Pritzker School of Law (88)
- University of Richmond (87)
- Maurer School of Law: Indiana University (77)
- University of Georgia School of Law (77)
- Keyword
-
- COVID-19 (85)
- Law (57)
- First Amendment (52)
- Copyright (49)
- Supreme Court (46)
-
- International law (45)
- Human rights (43)
- Intellectual property (38)
- Constitutional law (37)
- Discrimination (37)
- Title IX (34)
- Privacy (33)
- China (32)
- Pandemic (32)
- Constitution (29)
- Constitutional Law (29)
- Criminal law (29)
- Immigration (29)
- Regulation (29)
- Equity (27)
- Climate change (25)
- Racism (25)
- Race (24)
- Covid-19 (22)
- Education (22)
- Technology (22)
- Artificial intelligence (21)
- Antitrust (20)
- Gender (20)
- Property (20)
- Publication
-
- Florida Law Review (2246)
- Midad AL-Adab Refereed Quarterly Journal (613)
- Journal of STEPS for Humanities and Social Sciences (204)
- The Year in Review (125)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (109)
-
- The Journal of the Michigan Dental Association (104)
- Indian Journal of Law and Technology (94)
- مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL (89)
- Georgia State University Law Review (83)
- Indonesian Notary (76)
- Fordham Law Review (72)
- Mercer Law Review (67)
- Missouri Law Review (63)
- DePaul Law Review (60)
- Notre Dame Law Review (60)
- Touro Law Review (60)
- Law and Contemporary Problems (54)
- Tulsa Law Review (54)
- UC Law Journal (54)
- Suffolk Journal of Trial and Appellate Advocacy (52)
- Michigan Law Review (50)
- Oil and Gas, Natural Resources, and Energy Journal (50)
- Indiana Law Journal (49)
- Roger Williams University Law Review (49)
- St. John's Law Review (47)
- UC Irvine Law Review (47)
- University of Richmond Law Review (46)
- Jurnal Hukum & Pembangunan (45)
- SAIPAR Case Review (45)
- Seton Hall Law Review (45)
Articles 1 - 30 of 9608
Full-Text Articles in Law
False Claims: The Coordinated Exploitation Of The United States Government By The Healthcare Industry, Grady Mcmichen
False Claims: The Coordinated Exploitation Of The United States Government By The Healthcare Industry, Grady Mcmichen
Journal of Law and Health
The False Claims Act (FCA) has a long-standing history of protecting the United States government from being defrauded by merchants and other parties submitting claims for repayment. Affording Americans who have enrolled in Medicaid and Medicare expansion plans the same protection afforded to the federal government will allow for action to be brought to prevent large hospital networks from engaging in price-fixing behaviors. Implementing this change will have the effect of reducing healthcare prices for all Americans.
Applying the False Claims Act at the price-fixing level will have the largest affect; however, it is still important to iron out procedures …
Due Process Junior: Competent (Enough) For The Court, Tigan Woolson
Due Process Junior: Competent (Enough) For The Court, Tigan Woolson
Journal of Law and Health
There are many reports presenting expert policy recommendations, and a substantial volume of research supporting them, that detail what should shape and guide statutes for juvenile competency to stand trial. Ohio has adopted provisions consistent with some of these recommendations, which is better protection than relying on case law and the adult statutes, as some states have done. However, the Ohio statute should be considered a work in progress.
Since appeals courts are unlikely to provide meaningful review for the substance of a juvenile competency determination, the need for procedures for ensuring that the determination is initially made in a …
Kerangka Praktik Kenegaraan Dalam Narasi Apriori Pembangunan Berkelanjutan Sebagai Hak Konstitusional: Sentralisasi Pendekatan Ekosentris Dalam Melawan Kenisbian Utilitas Pendekatan Antroposentris, Abdurrahman Al-Fatih Ifdal
Kerangka Praktik Kenegaraan Dalam Narasi Apriori Pembangunan Berkelanjutan Sebagai Hak Konstitusional: Sentralisasi Pendekatan Ekosentris Dalam Melawan Kenisbian Utilitas Pendekatan Antroposentris, Abdurrahman Al-Fatih Ifdal
Jurnal Konstitusi & Demokrasi
Sustainable development is a colossal narrative of state elites to institutionalize the right to development which, instead of being oriented towards harmonization of development efforts with efforts to protect the environment, is actually based on human interests. The inherent causality of this effort has an impact on systemic environmental damage in various countries. When the environment is no longer able to recover itself according to the timeline of meeting the needs of human civilization, an ambitious approach such as ecocentrism needs to be used as a counter-narrative to the anthropocentrism approach which tends to be relative: it looks useful, but …
Independensi Penegak Hukum Dan Pengawasan Preventif Dalam Penegakan Hukum Di Komisi Pemberantasan Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 70/Puu-Xvii/2019, Aimi Solidei Manalu, Samuel Fajar Hotmangara Tua Siahaan
Independensi Penegak Hukum Dan Pengawasan Preventif Dalam Penegakan Hukum Di Komisi Pemberantasan Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 70/Puu-Xvii/2019, Aimi Solidei Manalu, Samuel Fajar Hotmangara Tua Siahaan
Jurnal Konstitusi & Demokrasi
In 2021, the Constitutional Court issued Decision Number 70/PUU-XVII/2019, partially granting the petitioner's request for judicial review. The content of the decision includes emphasizing the independence of the Corruption Eradication Commission (KPK) and confirming the position of the Corruption Eradication Commission Supervisory Board in the Corruption Eradication Commission's law enforcement structure. However, following the issuance of the verdict, there are several imperfect legal gaps related to the position of the Corruption Eradication Commission. These legal gaps relate to the extent of the independence of the Corruption Eradication Commission when linked to the independence of the judicial power, as the Corruption …
Pelaksanaan Sistem Pengawasan Hakim Konstitusi Di Indonesia, Al Amin Syayidin Ali Mustopa
Pelaksanaan Sistem Pengawasan Hakim Konstitusi Di Indonesia, Al Amin Syayidin Ali Mustopa
Jurnal Konstitusi & Demokrasi
The supervision system for constitutional judges in Indonesia based on the 1945 Constitution and Law 24/2003 explicitly involves two forms of supervision, namely internal supervision by the Honorary Council and external supervision by the Judicial Commission. The supervisory system finally changed after the Constitutional Court Decision Number 005 / PUU-IV / 2006. After this decision, the supervision system for constitutional judges in Indonesia underwent a substantial change in the form of supervision that eliminated external supervision. The existing internal supervision system often changes in accordance with the current statutory regime and implementing regulations. Changes related to the existing internal supervision …
Menilik Peran Dewan Perwakilan Daerah Dalam Pembangunan Daerah Provinsi Jawa Barat Dan Daerah Khusus Ibukota Jakarta, Muhammad Dzulfikar Fikri
Menilik Peran Dewan Perwakilan Daerah Dalam Pembangunan Daerah Provinsi Jawa Barat Dan Daerah Khusus Ibukota Jakarta, Muhammad Dzulfikar Fikri
Jurnal Konstitusi & Demokrasi
The Regional Representative Council (DPD) as a regional representative institution that has a character of representation based on regions is essentially a character of broader representation of the DPR, because the dimension of representation is based on all the people contained in these regions. DPD as a new state institution after the amendment to the 1945 Constitution was initially expected to realize a bicameral system, as a representative body of the people, the DPD has functions as regulated in the 194 5 Constitution. These functions are legislative functions, functions budget, and consideration functions. However, according to the Indonesian constitutional system …
Overdose: The Public Health Policies That Caused The Opioid Crisis, Benjamin T. Suslavich
Overdose: The Public Health Policies That Caused The Opioid Crisis, Benjamin T. Suslavich
Cleveland State Law Review
Recently, local governments have successfully sued pharmaceutical manufacturers for damages related to the opioid crisis in the United States under the theory that these pharmaceuticals were responsible for causing addictions and deaths across the nation. However, the opioid crisis was, in fact, caused by the creation of national public health policies which compelled the prescription of opioid analgesics. The dogma of the "pain movement," which spearheaded public health policies, was adopted in some form by nearly every healthcare regulator in the country. With unchecked power and influence on the U.S. healthcare system, healthcare regulators mutated slightly misleading advertising by pharmaceutical …
From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet
From Healthcare To Hiring: Impacts Of Social And Public Policy On Disabled Veterans In The United States, Benjamin Michael Stoflet
Journal of Law and Health
Part I of this paper considers the historical foundations, motivations, and evolution of veterans’ disability and employment legislation in the United States. Utilizing disability and employment as its framework, Part II then defines, describes, and critiques contemporary policies for disabled veterans in the areas of federal employment protections and uses of Alternative Dispute Resolution (ADR) within the VA’s disability decision review process. Part III discusses the roles played by disabled veterans and the federal government in policy reform, finding that both sides act as catalysts and barriers to legislative change. This paper concludes in Part IV, recommending legislation that integrates …
Urgensi Pembentukan Laporan Khusus Sebagai Solusi Alat Bukti Surat Dalam Penanganan Kasus Tppu Di Indonesia: Pintu Optimalisasi Hubungan Ppatk-Penyidik, Amanda Geraldine, Altuti Altuti, Muhamad Rayhan Firmansyah
Urgensi Pembentukan Laporan Khusus Sebagai Solusi Alat Bukti Surat Dalam Penanganan Kasus Tppu Di Indonesia: Pintu Optimalisasi Hubungan Ppatk-Penyidik, Amanda Geraldine, Altuti Altuti, Muhamad Rayhan Firmansyah
Jurnal Hukum & Pembangunan
The Financial Transaction Reports and Analysis Centre or Financial intelligence unit (FIU) is an independent institution that has helped to eradicate and prevent money laundering crimes based on reports used as evidence or evidence in investigations. PPATK analysis report is made based on the report of the income and expenditure of unusual financial accounts by referring to the profile and identity of the owner. Financial Transactions requested by PPATK to be reported by the reporting party because it involves assets suspected of originating from the proceeds of a criminal offence. FATF has issued 40 specific recommendations (forty recommendations) and the …
Defining Genetic Information Under Gina, Shane Padilla
Defining Genetic Information Under Gina, Shane Padilla
Cleveland State Law Review
The Genetic Information Nondiscrimination Act (GINA) was enacted to prevent discrimination based on an employee’s genetic information. Although GINA undoubtedly provides employees protection from unjust genetic discrimination by employers, varying interpretations of what constitutes “genetic information” has raised legal uncertainties in how GINA is applied. Consequently, the genetic information of an employee’s family may be unduly placed at risk as a result of misinterpreting the statutory language and legislative intent of GINA. It is of the utmost importance that the definition of “genetic information” be construed with respect to the Act’s legislative history, which supports a broad interpretation and application …
Rolling The Dice On The Legality Of Gambling Devices: Why "Purpose" Has A Purpose, Stevie Holbrook
Rolling The Dice On The Legality Of Gambling Devices: Why "Purpose" Has A Purpose, Stevie Holbrook
Cleveland State Law Review
Section 1955 of the United States Code (“Section 1955”), the federal law detailing prohibition on illegal gambling businesses, renders a defendant susceptible to prosecution if they are found to have violated the respective state’s gambling law and have a certain amount of people involved for a certain length of time. Today, the Sixth Circuit has identified Section 1955 as a general intent statute where it need not be shown that a defendant acted willfully in terms of intentionally violating state law. However, Ohio’s state gambling law has been interpreted as a specific intent statute that requires a purposeful act and, …
Reconnecting The Patient: Why Telehealth Policy Solutions Must Consider The Deepening Digital Divide, Laura C. Hoffman
Reconnecting The Patient: Why Telehealth Policy Solutions Must Consider The Deepening Digital Divide, Laura C. Hoffman
Journal of Law and Health
This Article attempts to untangle the complicated web of providing telehealth to those populations it is potentially capable of further alienating from access to healthcare including: 1) race/minority populations, 2) aging adults, 3) individuals with disabilities, 4) non-English speakers, 5) individuals living in rural areas, 6) socioeconomic class, and 7) children, in order to advance the argument that telehealth can be successful in providing healthcare access to these populations. Rather than suggesting that telehealth simply “cannot work” for these populations, instead this Article considers how telehealth can and must meet the needs of these individuals through technology, access, and policy …
Keynote At The Cleveland State University College Of Law Ip+ Conference, Kathleen O'Malley
Keynote At The Cleveland State University College Of Law Ip+ Conference, Kathleen O'Malley
Cleveland State Law Review
Thank you for your kind introduction, Lee. Thank you too for your mentorship, support, and friendship over the years. I would not be where I am today but for having you in my life. And I want to thank both you and Professor Laser for inviting me to join you today—and for providing a soap box to champion the importance of a robust intellectual property system.
Increasing Competition In Live Music: The Case For Better Enforcement Of The Live Nation Entertainment Consent Decree, Tj Hunt
Cleveland State Law Review
In 2009, Live Nation and Ticketmaster Entertainment expressed their intent to merge to become Live Nation Entertainment. Before the merger, Ticketmaster Entertainment was the leading live music ticketing and marketing company. Live Nation was the leading producer of live music events. Live Nation also entered the primary ticket sales market and led merchandising at its entertainment venues. Antitrust concerns arose that this newly formed entity would be a near-monopoly in live music. Despite general antitrust concerns and lawsuits from consumers, smaller promoters, seventeen state attorneys general, and the Department of Justice (“DOJ"), Live Nation Entertainment agreed to a consent decree …
Cover, Cleveland State Law Review
Masthead, Cleveland State Law Review
Copyright Statement, Cleveland State Law Review
Copyright Statement, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Table Of Contents, Cleveland State Law Review
Table Of Contents, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Don't Tread On My Ip Rights: A Law And Economics Analysis Of "March-In Rights" Under The Bayh-Dole Act, Caitlin Grow
Don't Tread On My Ip Rights: A Law And Economics Analysis Of "March-In Rights" Under The Bayh-Dole Act, Caitlin Grow
Cleveland State Law Review
The Bayh-Dole Act has been imperative to the development of the United States’ dynamic pharma-biotech sector. However, the use of march-in rights under the Bayh- Dole Act has remained controversial. On the one hand, there is the idea of market equilibrium with a need to secure health care for the public. Many believe march-in rights should be used to create this balance by regulating the pricing of drugs that were developed using federally funded research. On the other hand, some advocates recognize that the current relationship between public-sector institutions and business as the developers of basic research, and private-sector biotechnology …
Rethinking Patent Law's Exclusive Appellate Jurisdiction, Christa Laser
Rethinking Patent Law's Exclusive Appellate Jurisdiction, Christa Laser
Cleveland State Law Review
The United States Court of Appeals for the Federal Circuit was created in 1982 to unify and clarify patent law, inter alia. It was built from political compromise after the Hruska Commission, which studied the caseload crisis in the federal appellate courts in the 1970s, initially recommended creation of a new National Court of Appeals that would exist between the regional federal appellate circuits and the Supreme Court. The Federal Circuit judges admirably implemented these functions for four decades.
However, the initial function of the Federal Circuit might no longer be as needed in the current judicial climate. The environment …
Covid-19 Relief For Opportunity Zone Funds And Investors, Adam Wallwork, Gary Hecimovich
Covid-19 Relief For Opportunity Zone Funds And Investors, Adam Wallwork, Gary Hecimovich
Cleveland State Law Review
This Article describes how temporary changes to the qualified opportunity zone (QOZ) tax incentive, combined with new reliance regulations that clarify the requirements for qualified opportunity zone businesses (QOZBs) to modify their written plans to expend working capital in response to the ongoing coronavirus emergency, will make more individuals and entities eligible for federal tax stimulus by increasing flexibility for the qualified opportunity funds (QOFs) and QOZBs in which they invest to redeploy their capital into qualifying business development projects in a QOZ.
Etika Hakim Dalam Kehidupan Sehari-Hari: Penggunaan Media Sosial Oleh Hakim Di Indonesia, Farrel Eden Surbakti
Etika Hakim Dalam Kehidupan Sehari-Hari: Penggunaan Media Sosial Oleh Hakim Di Indonesia, Farrel Eden Surbakti
Jurnal Konstitusi & Demokrasi
With the development of technology which is rapidly making the community easier in communicating and searching for information such as social media. Social media itself has different characteristics and types and has advantages and disadvantages. The use of social media does not look at a person's status such as age, gender, religion, or profession. At this time many judges use social media to communicate and search for information and interact with the community. Judges in carrying out their obligations as bearers of the legal profession are framed by an institutional institution that is formulated into a code of ethics for …
Protecting Corporations From Discrimination Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster
Protecting Corporations From Discrimination Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster
Brooklyn Journal of International Law
This article argues that legal persons derive rights under the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and can enforce those rights by individual or inter-state complaint. It uses the case study of media corporations, following from the recent judgment by the International Court of Justice (ICJ) in the litigation between Qatar and the UAE over the application of CERD to the treatment of the Al Jazeera media corporation. However, the implications of this study apply to all private corporations and non-governmental organizations (NGOs). The CERD protects against certain forms of racial, ethnic and national origin …
Where In The World: Protecting Indigenous Textiles In Guatemala Through Geographical Indications, Lucie Couillard Sosa
Where In The World: Protecting Indigenous Textiles In Guatemala Through Geographical Indications, Lucie Couillard Sosa
Brooklyn Journal of International Law
There is a current movement by indigenous weavers in Guatemala to protect their textile designs due to the harm caused by the absence of the weavers’ intellectual property ownership over the designs and patterns. The exploitation and appropriation of their designs by domestic and international companies has hurt weavers’ livelihoods and has led to culturally inappropriate and insensitive uses of religious and traditional patterns. Conventional intellectual property law (copyright, trademark, and patent law) fails to protect indigenous peoples’ intellectual property rights. A key weakness within conventional intellectual property law is the emphasis and focus on individuality of the creation process. …
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past
Brooklyn Journal of International Law
So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …
Foreword, Jacob Walker
Dangers Of Protectionism In Free Trade, Jacob Walker
Dangers Of Protectionism In Free Trade, Jacob Walker
Washington International Law Journal
The recent establishment of large mega-free trade agreements has led to the potential for the rapid economic development of nations through the inclusion of provisions that lower tariff rates on goods crossing borders. Some countries, such as India, have shied away from these agreements in favor of protectionist strategies, which has led to inconsistencies in treaty negotiations and economic decline. India used protectionist strategies as part of its domestic plan, which has led it to withdraw from free trade agreements and weakened its regional partnerships. This comment examines the Foreign Direct Investment flowing into India before and after its withdrawal …
Inclusion Of Visually Impaired And Deaf Students In Kenya: A Call For Action, Edwin O. Abuya, Jane W. Githinji
Inclusion Of Visually Impaired And Deaf Students In Kenya: A Call For Action, Edwin O. Abuya, Jane W. Githinji
Washington International Law Journal
Drawing on field data, this Article reviews the experiences of visually impaired and deaf students (VIDS) in select universities in Kenya. The paper argues that, unlike able bodied students, these learners face discrimination in these institutions. The Article focuses on three spaces where VIDS are excluded: the admission process, the learning, and the examination environments. To counter the unfair treatment, the paper proposes three solutions that VIDS and stakeholders should consider. These are consistent with legal requirements on access to education by VIDS. Firstly, course instructors should be robustly engaged with. Further, universities should provide adequate and timely information should …
The Mutual Legal Assistance Regime In Afghanistan: Assessing Compliance With International Law And Exposing Loopholes (2001-2021), Abdul M. Hazim
The Mutual Legal Assistance Regime In Afghanistan: Assessing Compliance With International Law And Exposing Loopholes (2001-2021), Abdul M. Hazim
Washington International Law Journal
To constrain transnational crime effectively and strengthen mutual legal assistance mechanisms among member states, the United Nations adopted four Suppression Conventions: the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, the 1999 UN International Convention for the Suppression of the Financing of Terrorism, the 2003 UN Convention against Transnational Organized Crime, and the 2005 UN Convention against Corruption. Ratified globally, these conventions contain many similar or identical mutual legal assistance obligations and non-mandatory measures with which state parties either must or should comply. Afghanistan is a state party to all four UN Suppression Conventions.
This article …