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Full-Text Articles in Law

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick Apr 2020

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going ...


Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude Mar 2020

Crimmigrant Nations: Resurgent Nationalism And The Closing Of Borders [Table Of Contents], Robert Koulish, Martje Van Der Woude

Law

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government sponsored degradation, misery, and death. Crimmigrant Nationsexamines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer ...


Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn Jan 2020

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

All Papers

Labour legislation regulating Canada’s private sector has incorporated forms of broader-based or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process ...


An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig Jan 2020

An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig

Articles & Book Chapters

Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only 1 soldier has ...


Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith Jan 2020

Deal Insurance: Representation & Warranty Insurance In Mergers & Acquisitions, Sean J. Griffith

Faculty Scholarship

Efficient contracting depends upon imposing risk on the party with superior access to information. Yet the parties in mergers and acquisitions transactions now commonly use Representation and Warranty Insurance (“RWI”) to shift this risk to a third-party insurer. Because liability and trust go together, RWI would seem to give rise to a credible commitment problem between the transacting parties, and it raises adverse selection and moral hazard problems for the insurer.

This paper examines the emergence of RWI, focusing on three interrelated questions. First, how does RWI affect transactions?Second, why do transacting parties use RWI? And third, why do ...


Equity, Punishment, And The Company You Keep: Discerning A Disgorgement Remedy Under The Federal Securities Laws, Theresa Gabaldon Jan 2020

Equity, Punishment, And The Company You Keep: Discerning A Disgorgement Remedy Under The Federal Securities Laws, Theresa Gabaldon

GW Law Faculty Publications & Other Works

Since its inception in 1934, the Securities and Exchange Commission (the “Commission” or the “SEC”) has wielded statutory authority to seek injunctive relief for violations of the federal securities laws. Since 1970 courts have, at the Commission’s behest and without much analysis, ordered violators to disgorge profits – make that lots and lots of profits – gained in the course of their wrongdoing. In some instances, the profits are returned to victims. In others, either because the victims are too many and too scattered or because the violation is a victimless one such as engaging in bribery, the ill-gotten gains are ...


Understanding Campus Copyright & Creative Commons, Deryl Freeman, Dragan Gill Oct 2019

Understanding Campus Copyright & Creative Commons, Deryl Freeman, Dragan Gill

Open Textbook Initiative

Presentaion (slide, PDF) for the members of Rhode Island College campus community on information and guidelines regarding copyright law.

Not intended or offered as professional legal advice.


Unconstitutionally Redefining Murder: Ca Legislature Takes A Significant Overstep With S.B. 1437, Alex Rifkind Oct 2019

Unconstitutionally Redefining Murder: Ca Legislature Takes A Significant Overstep With S.B. 1437, Alex Rifkind

GGU Law Review Blog

Senate Bill 1437 (“S.B. 1437”), effective January 1, 2019, substantially changed the law relating to accomplice liability under the felony murder rule (the “FMR”) and the doctrine of natural and probable consequences. State prosecutors have challenged S.B. 1437 as an unconstitutional amendment of Propositions 7 and 115, and as a violation of the separation of powers. Polarized rulings from the state’s trial courts suggest a dispositive California Supreme Court decision is forthcoming to address the divide. Social policy considerations weigh heavily on the controversial issues engendered by this bill and will likely influence adjudication of the ...


Fair Pay To Play Act: End Of Amateurism?, Isabella Borges Oct 2019

Fair Pay To Play Act: End Of Amateurism?, Isabella Borges

GGU Law Review Blog

The NCAA has seen its fair share of controversy concerning player compensation, whether it be through lawsuits such as the O’Bannon case, former NCAA athletes complaining of hunger during their time in college, or even NBA star LeBron James’s documentary “Student Athlete.” However, no extreme policy changes have emerged from the endless scrutiny of the NCAA’s rules of prohibiting its student-athletes from receiving compensation from the use of their names, images, and likeness, among other things. The NCAA argues compensation would capsize amateurism by turning student-athletes into professionals, putting an end to amateurism in the NCAA all ...


Beyond Intermediation: A New (Fintech) Model For Securities Holding Infrastructures, Charles W. Mooney Jr. Oct 2019

Beyond Intermediation: A New (Fintech) Model For Securities Holding Infrastructures, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

Publicly traded securities generally are held by investors in securities accounts with intermediaries such as stockbrokers and central securities depositories—intermediated securities. For many investors this is the only practical means of holding and dealing with securities. These intermediated holding systems (IHSs) impose a variety of risks and costs. Investors are exposed to intermediary risk (default or insolvency of an intermediary holding securities) as well as impediments to the exercise of rights such as voting and asserting claims against securities issuers. The nontransparency of IHSs imposes other social costs, such as obstacles to anti-money laundering enforcement. The emergence of FinTech ...


Timelords & Timelines: Four Web Apps For Storytelling In Libraries, Rachel S. Evans, Sharon Bradley, David Rutland Oct 2019

Timelords & Timelines: Four Web Apps For Storytelling In Libraries, Rachel S. Evans, Sharon Bradley, David Rutland

Presentations

From online embeds to interactive displays, timelines can serve many purposes and tell powerful stories. In this panel librarians discuss collaboration and how to bring history to life through displays, events and online platforms for engaging students and preserving community milestones. Four of our favorite tools for creating digital timelines and gathering content will be shared including Prezi, TikiToki, TimeToast, and Piktochart. Comparisons will be given based on cost, technical limitations, and general ease of use. Specific examples will also be shared and discussed.


What The Japanese, The Swedes, And The Minimalists Can Teach Us About Library Instruction, Sharon Bradley Oct 2019

What The Japanese, The Swedes, And The Minimalists Can Teach Us About Library Instruction, Sharon Bradley

Presentations

The presenter summarizes the lessons to be learned and applied to instructional efforts from a number of popular organizing schemes. Participants will learn how these various productivity and lifestyle programs can help librarians:

  • Declutter and better organize our presentations.
  • Develop a syllabus or lesson plans filled with things we love.

And help our patrons or students:

  • Develop practices and procedures to get things done.
  • Find joy as well as relevant information.

There will be an online guide with tips and suggestions. Anyone doing any kind of instruction will be interested in this program and there is no advance knowledge needed.


Whither The Regulatory “War On Coal”? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters Oct 2019

Whither The Regulatory “War On Coal”? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters

Faculty Scholarship at Penn Law

Complaints about excessive economic burdens associated with regulation abound in contemporary political and legal rhetoric. In recent years, perhaps nowhere have these complaints been heard as loudly as in the context of U.S. regulations targeting the use of coal to supply power to the nation’s electricity system, as production levels in the coal industry dropped nearly by half between 2008 and 2016. The coal industry and its political supporters, including the President of the United States, have argued that a suite of air pollution regulations imposed by the U.S. Environmental Protection Agency (EPA) during the Obama Administration ...


Vol. 57, No. 07 (October 7, 2019) Oct 2019

Vol. 57, No. 07 (October 7, 2019)

Indiana Law Annotated

No abstract provided.


Amici Curiae Brief Of American Historical Association, Organization Of American Historians, 42 Historians, And The Fred T. Korematsu Center For Law And Equality In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae Oct 2019

Amici Curiae Brief Of American Historical Association, Organization Of American Historians, 42 Historians, And The Fred T. Korematsu Center For Law And Equality In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Department of Homeland Security, et al., v. Regents of the University of California, et al.


The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi Oct 2019

The California Consumer Privacy Act: The Illusion Of Control?, Justin Trimachi

GGU Law Review Blog

The California Consumer Privacy Act of 2018 (CCPA) goes into effect on January 1, 2020. On the surface, the purpose of the CCPA is to give consumers “rights” to control how businesses monetize their personal information. However, the extent of those “rights” is somewhat vague in the language of the statute.


Denying Citizenship: Immigration Enforcement And Citizenship Rights In The United States, Emily Ryo, Ian Peacock Oct 2019

Denying Citizenship: Immigration Enforcement And Citizenship Rights In The United States, Emily Ryo, Ian Peacock

University of Southern California Legal Studies Working Paper Series

In the current era of intensified immigration enforcement and heightened risks of deportation even for long-term lawful permanent residents, citizenship has taken on a new meaning and greater importance. There is also growing evidence that citizenship denials in their various forms have become inextricably linked to immigration enforcement. Who is denied citizenship, why, and under what circumstances? This article begins to address these questions by developing a typology of citizen denials and providing an empirical overview of each type of citizenship denial. Taken together, the typology of citizenship denials and the accompanying empirical overview illustrate the close connection between immigration ...


Law Review Cite Checking, Heather Simmons, Jason Tubinis Oct 2019

Law Review Cite Checking, Heather Simmons, Jason Tubinis

Presentations

Bluebook and cite checking for law review, presented by the law library. This session is only for members of the Georgia Law Review, the Georgia Journal of International & Comparative Law, and the Journal of Intellectual Property Law.


F18rs Sgr No. 18, Bridget Ryan Oct 2019

F18rs Sgr No. 18, Bridget Ryan

Student Senate Enrolled Legislation

A RESOLUTION TO COMMEND THE LSU STUDENT HEALTH CENTER AND STUDENT HEALTH CENTER EXECUTIVE DIRECTOR, D’ANN MORRIS FOR PROPERLY USING STUDENT FEES IN ITS OPERATIONS AND SERVICES


A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan Oct 2019

A Modest Proposal On Supreme Court Unanimity To Constitutionally Invalidate Laws, Dwight G. Duncan

Faculty Publications

There is a problem in our constitutional history: the problem of split Supreme Court decisions invalidating democratically enacted laws. From Dred Scott[1] to Lochner[2] to Roe v. Wade[3] to Citizens United,[4] and even the recent Second Amendment decisions of Heller[5] and McDonald,[6] these patently fallible decisions on controversial political and social issues have divided the nation, politicized the Court, poisoned the Supreme Court nomination process and thwarted the political branches and democratic governance. Requiring Supreme Court unanimity to overturn legislation on constitutional grounds would therefore be morally and politically desirable. Why that is so ...


F19rs Sgb No. 2 (Order For Senators As Parliamentarian In Case Of Vacancy), Grashoff Oct 2019

F19rs Sgb No. 2 (Order For Senators As Parliamentarian In Case Of Vacancy), Grashoff

Student Senate Enrolled Legislation

To amend the Student Senate Rules of Order to allow Senators to Serve as Parliamentarian in the Case of a Vacancy in the Position.


Fall 2019 Newsletter: The Docket, Emma M. Wood Oct 2019

Fall 2019 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Fall 2019 issue of the UMass Law Library Newsletter, The Docket.


The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin Oct 2019

The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin

Faculty Scholarship

This article examines the role of vulnerability in transforming individual relationships, particularly the attorney-client relationship. In this essay, Martin argues that broadening our expressions can improve our client relations and decrease the likelihood that when that inevitable mistake occurs, we will be sued for it. Also, based upon virtue ethics, that practicing vulnerability is also virtuous and thus worthwhile in and of itself.

This essay starts by describing the traits people look for in lawyers as well as evidence that clients often feel that their lawyers are less than human. Then examines how legal education contributes to this problem by ...


Legal Area Classification: A Comparative Study Of Text Classifiers On Singapore Supreme Court Judgments, Jerrold Tsin Howe Soh, Ian Ernst Chai Oct 2019

Legal Area Classification: A Comparative Study Of Text Classifiers On Singapore Supreme Court Judgments, Jerrold Tsin Howe Soh, Ian Ernst Chai

Research Collection School Of Law

This paper conducts a comparative study onthe performance of various machine learning(“ML”) approaches for classifying judgmentsinto legal areas. Using a novel dataset of 6,227Singapore Supreme Court judgments, we investigate how state-of-the-art NLP methodscompare against traditional statistical modelswhen applied to a legal corpus that comprisedfew but lengthy documents. All approachestested, including topic model, word embedding, and language model-based classifiers,performed well with as little as a few hundredjudgments. However, more work needs to bedone to optimize state-of-the-art methods forthe legal domain.


F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon Oct 2019

F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon

Student Senate Enrolled Legislation

To amend the LSU Student Government Bylaws regarding executive staff and senatorial responsibilities


Tax Attorneys As Defenders Of Taxpayer Rights, Michelle Lyon Drumbl Oct 2019

Tax Attorneys As Defenders Of Taxpayer Rights, Michelle Lyon Drumbl

Scholarly Articles

What is the modern role of a tax practitioner, in particular a tax attorney, in the United States? In an era in which the Internal Revenue Service (IRS) is underfunded, understaffed, and struggles to address its mission, tax attorneys play an important role as advocates for taxpayer rights.

Tax attorneys act as advocates who represent ordinary individual taxpayers in controversies with the IRS. These controversies include post-filing disputes, such as audits, as well as issues arising with the collection of assessed taxes. Many of these cases are resolved at the administrative level; those that cannot be resolved are litigated, most ...


A Bibliography Of Faculty Scholarship, Law Library Oct 2019

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Artemis Exploration Company V. Ruby Lake Estates Homeowner’S Association, 135 Nev. Adv. Op. 48, Austin Wood Oct 2019

Artemis Exploration Company V. Ruby Lake Estates Homeowner’S Association, 135 Nev. Adv. Op. 48, Austin Wood

Nevada Supreme Court Summaries

The Court determined that (1) implied payment obligations for common elements, contained in the property declaration, can provide adequate notice and create a common-interest community; and (2) NRS 116.3101(1) does not apply to common-interest communities formed before 1992, therefore the unit-owners’ association does not need to be organized before or at the time the first unit is conveyed.


State, Bd. Of Architecture V. Dist. Ct., 135 Nev. Adv. Op. 49, Melissa Yeghiazarian Oct 2019

State, Bd. Of Architecture V. Dist. Ct., 135 Nev. Adv. Op. 49, Melissa Yeghiazarian

Nevada Supreme Court Summaries

The Court had two holdings in this case. First, a final decision for purposes of judicial review must contain a detailed finding of facts and conclusions of law by an administrative agency. Second, when a petition for judicial review is filed prematurely, it does not vest jurisdiction in the district court.


Richard Kilgore V. Eleni Kilgore, 135 Nev. Adv. Op. 47 (Oct. 3, 2019), Aariel Williams Oct 2019

Richard Kilgore V. Eleni Kilgore, 135 Nev. Adv. Op. 47 (Oct. 3, 2019), Aariel Williams

Nevada Supreme Court Summaries

NRS 286.510 provides that the eligibility depends on an employee spouse’s effective date of membership in Nevada Public Employees’ Retirement System (“PERS”), profession, number of years served, and age. The Court determined that the time does not depend on whether the employee spouse’s PERS account has fully matured. NRS 125.155 provides district courts with discretion to deny or reduce a non-employee spouse’s request for pension payments before the employee spouse’s retirement. Further, under NRS 125.150(3), a party can seek adjudication of an asset mistakenly omitted from the divorce decree within three years ...