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Articles 1 - 30 of 78
Full-Text Articles in Law
Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff
Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff
Articles in Law Reviews & Other Academic Journals
This Article is the first to address whether independent governmental affiliates that sell marijuana are exempt from federal income tax under section 115 of the Internal Revenue Code. It argues that such entities should easily pass the IRS's current interpretation of the three requirements for tax-exemption under section 115: (i) that exempt income be derived from "the exercise of any essential governmental function"; (ii) that such income "accru[e] to a State or any political subdivision thereof"; and (iii) that the income "not serve private interests[.]" In addition, this Article argues that though selling marijuana is illegal under federal law, that …
Nontechnical Disclosure, Jonas Anderson
Nontechnical Disclosure, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
One of the primary goals of the patent system is the broad dissemination of technical knowledge. But, as this Article argues, there is also an underappreciated amount of nontechnical knowledge contained in a patent, information that may in certain cases be more valuable to readers than the technical disclosure contained in a patent. This Article looks at various types of nontechnical disclosure to argue that appreciating the nontechnical aspects of patent disclosure can increase our understanding of what information patents are disseminating to the general public.
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet
Articles in Law Reviews & Other Academic Journals
The Federal Circuit’s ruling that the § 2(a) disparagement provision is unconstitutional, if upheld, could allow for numerous provisions of the Trademark Act to be overturned, dismantling the modern trademark system. The trademark system is premised on evaluating speech and making content-based determinations. Granting a trademark registration requires content-based determinations, though not viewpoint-based, as words are evaluated independent of applicants’ individual viewpoints.In no way does the refusal to register a trademark prevent its use or diminish public debate. Rather than facilitating public debate, a trademark registration is a government-issued document that makes it easier for its owner to suppress the …
A Complex Case Tests New York State’S Expanded Definition Of Parenthood, Nancy Polikoff
A Complex Case Tests New York State’S Expanded Definition Of Parenthood, Nancy Polikoff
Popular Media
Prof. Nancy Polikoff discusses NY’s expanded definition of parenthood in this NY Times article.
Asia & Oceania Coverage, Human Rights Brief
Asia & Oceania Coverage, Human Rights Brief
Human Rights Brief Fall 2016 Regional Coverage
No abstract provided.
Europe & Central Asia Coverage, Human Rights Brief
Europe & Central Asia Coverage, Human Rights Brief
Human Rights Brief Fall 2016 Regional Coverage
No abstract provided.
Americas Coverage, Human Rights Brief
Americas Coverage, Human Rights Brief
Human Rights Brief Fall 2016 Regional Coverage
No abstract provided.
The Productivity Puzzle: How Can We Speed Up The Growth Of The Economy?, Jonathan Baker, Louise Sheiner, Martin Neil Baily, David Wessel, Robert Barro, J. Bradford Delong, Bronwyn Hall
The Productivity Puzzle: How Can We Speed Up The Growth Of The Economy?, Jonathan Baker, Louise Sheiner, Martin Neil Baily, David Wessel, Robert Barro, J. Bradford Delong, Bronwyn Hall
Presentations
Video link: https://youtu.be/dojtWYrjnbcAfter nearly a decade of strong productivity growth starting in the mid-1990s, productivity growth has slowed down over the most recent decade. Output per hour worked in the U.S. business sector has grown at only 1.3 percent per year from 2004 to 2015, and growth was even slower from 2010 to 2015 at just 0.5 percent a year. These rates are only half or less of the pace of growth achieved in the past. The United States is not alone in facing this problem, as all of the major advanced economies have also seen slow productivity growth. This …
Book Review J. Shoshanna Ehrilich, Regulating Desire: From The Virtuous Maiden To The Purity Princess, Maya Manian
Book Review J. Shoshanna Ehrilich, Regulating Desire: From The Virtuous Maiden To The Purity Princess, Maya Manian
Articles in Law Reviews & Other Academic Journals
In this effective and engaging book, J. Shoshanna Ehrlich uncovers the hidden agendas underlying the long history of the law's regulation of female adolescent sexuality. Ehrlich persuasively demonstrates that a multitude of laws purporting to protect public health in one form or another in fact "encode the value of female virtue into law based upon a set of assumptions about their sexuality" (3). The book spans a wide time period, moving chronologically through a series of legal reform movements targeting young women's sexuality, from the 1838 effort to criminalize seduction to the modem-day movement promoting abstinence-only sex education. Although the …
Americas Coverage, Human Rights Brief
Americas Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Europe & Central Asia Coverage, Human Rights Brief
Europe & Central Asia Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Middle East & North Africa Coverage, Human Rights Brief
Middle East & North Africa Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Asia & Oceania Coverage, Human Rights Brief
Asia & Oceania Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Sub-Saharan Africa Coverage, Human Rights Brief
Sub-Saharan Africa Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
International Coverage, Human Rights Brief
International Coverage, Human Rights Brief
Human Rights Brief Spring 2016 Regional Coverage
No abstract provided.
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Articles in Law Reviews & Other Academic Journals
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
There is near-universal agreement that the engine of the modern American criminal justice system is plea bargaining.'Given the ubiquity of plea bargaining, the Supreme Court and the rest of the legal community have begun setting their sights on how the practice might be better regulated. At the same time, many hold the view that the grand jury has outlived its usefulness in the administration of criminal justice and is a relic of a time gone by. Even before recent calls for the abolition of the grand jury in the wake of high-profile cases that seemed to cast the institution in …
Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith
Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith
Reports
Housing youth who are prosecuted and convicted as adults in adult facilities is challenging and creates significant dilemmas for correctional agencies. In particular, should such “youthful inmates” be treated as part of the regular adult population or should these youth be housed in facilities still under the purview of the adult corrections agency but in facilities designated for youth? More narrowly, should youthful inmates who remain in an adult facility be held in separate housing blocks? Or, should youthful inmates in adult correctional facilities be housed in protective custody or solitary confinement for their protection? How should agencies provide required …
Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi
Policy Review And Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Persons In Custodial Settings, 3rd Ed., Brenda V. Smith, Jaime M. Yarussi
Reports
The Project on Addressing Prison Rape (the Project) at American University’s Washington College of Law (WCL) has had a cooperative agreement with the National Institute of Corrections (NIC) to provide training and technical assistance to high-level correctional decisionmakers on key issues in preventing and addressing staff sexual misconduct since 1999. In 2003, with the enactment of the Prison Rape Elimination Act (PREA), the Project’s focus shifted to addressing prison rape—both staff sexual misconduct and inmateon- inmate sexual abuse. Beginning in 2006, Smith Consulting began a collaborative effort with the Project and NIC to focus efforts on providing technical assistance to …
President Obama's Approach To The Middle East And North Africa: Strategic Absence, Paul Williams
President Obama's Approach To The Middle East And North Africa: Strategic Absence, Paul Williams
Articles in Law Reviews & Other Academic Journals
Many commentators argue that the White House does not have a policy regarding the Middle East and North Africa. Based on observations of the White House's foreign policy decisions over a breadth of seven years, this article argues that The White House does have a clear policy and it is one of Strategic Absence. The term Strategic Absence is used to describe political behavior that arises from a belief that sometimes, in foreign affairs, it is better to be absent rather than present. Strategic Absence has led to a degradation of American influence in the Middle East and has contributed …
Policing Criminal Justice Data, Wayne Logan, Andrew Ferguson
Policing Criminal Justice Data, Wayne Logan, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This article addresses a matter of fundamental importance to the criminal justice system: the presence of erroneous information in government databases and the limited government accountability and legal remedies for the harm that it causes individuals. While a substantial literature exists on the liberty and privacy perils of large multi-source data assemblage, often termed "big data," this article addresses the risks associated with the collection, generation and use of "small data" (i.e., individual-level, discrete data points). Because small data provides the building blocks for all data-driven systems, enhancing its quality will have a significant positive effect on the criminal justice …
The Big Data Jury, Andrew Ferguson
The Big Data Jury, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This article addresses the disruptive impact of big data technologies on jury selection.Jury selection requires personal information about potential jurors. Current selection practices, however, collect very little information about citizens, and litigants picking jury panels know even less. This data gap results in a jury selection system that: (1) fails to create a representative cross-section of the community; (2) encourages the discriminatory use of peremptory challenges; (3) results in an unacceptably high juror “no show” rate; and (4) disproportionately advantages those litigants who can afford to hire expensive jury consultants.Big data has the potential to remedy these existing limitations and …
Judicial Lobbying, Jonas Anderson
Judicial Lobbying, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Abstract: Judges who lobby Congress for legal reform tread into an ethical gray area: lobbying is legally permissible, but generally frowned upon. Currently, there are no legal or ethical constraints on judges speaking publicly regarding proposed legislative changes, only an ill-defined norm against the practice. Scholars have largely dismissed judicial lobbying efforts as the result of haphazard, one-off events, driven by the unique interests, expertise, or ideology of the individual judge involved. According to scholars, there is nothing that should be done-not to mention little that could be done-to restrict judges from lobbying. Judicial lobbying occurs, in large part, when …
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This Essay transcribes and discusses Smith's keynote speech at the New England Clinical Conference at Harvard Law School in November, 2015. Smith's speech discusses the intersection between race, gender, and class, highlighting them as sites of vulnerability through a personal storytelling lens. By sharing her individual experiences, Smith hopes to draw attention to insecurities and threats faced by many individuals who refuse to speak out.
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Articles in Law Reviews & Other Academic Journals
he last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the justice system. It seems that neither civil rights activists engaged in the work of advancing racial equality nor disability rights activists recognize the potent combination of negative racialization and mental illness at this nexus that bring policing practices into sharp focus. As such, the compounding dynamics and …
Can't Get There From Here: Recalculate Into Better Legal Writing, Heather Ridenour
Can't Get There From Here: Recalculate Into Better Legal Writing, Heather Ridenour
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Is Courtesy No Longer Contagious, David Spratt
Is Courtesy No Longer Contagious, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Why The Hurry To Regulate Autonomous Weapon Systems-But Not Cyber-Weapons?, Kenneth Anderson
Why The Hurry To Regulate Autonomous Weapon Systems-But Not Cyber-Weapons?, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel
Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
Articles in Law Reviews & Other Academic Journals
The Americans with Disabilities Act (ADA) of 1990 has been one of the most powerful tools used by persons with disabilities in the fight for access and equality. Significant case law demonstrates the impact of the ADA on disability sport participation and access, but little is known regarding how the ADA has impacted athletes with disabilities. Thus, the purpose of this study was to gain the perspective of elite athletes with disabilities who competed before and after the ADA's enactment. Participants were interviewed, and the data were transcribed and analyzed. Findings indicated that participants generally felt physical barriers were most …