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Articles 271 - 300 of 188314
Full-Text Articles in Law
Mmu: 01/15/24–01/21/24, Student Bar Association
Mmu: 01/15/24–01/21/24, Student Bar Association
Monday Morning Update
This Week @ NDLS
Mass Times
Commons Daily Menu
General Announcements
Vol. 66, No. 01 (January 15, 2024)
Navigating The Conundrum Of Mandatory Reporting Under The Pocso Act: Implications For Medical Professionals, Nanditta Batra
Navigating The Conundrum Of Mandatory Reporting Under The Pocso Act: Implications For Medical Professionals, Nanditta Batra
Articles
To address the under reporting of sexual offences against children, the Protection of Children from Sexual Offences (POCSO) Act, 2012, makes reporting of such offences mandatory. The duty to report such offences has been extended to healthcare professionals. The inclusion of healthcare professionals within mandatory reporting, however, strikes at the very foundation of the doctor-patient relationship based on trust and confidentiality and conflicts with the patient confidentiality safeguards of the Mental Healthcare Act, 2017. It also has unintended public health consequences, such as denial of medical termination of pregnancy due to fear of prosecution under POCSO. An urgent reassessment of …
Post V. Trinity Health-Michigan: Does 42 U.S.C. § 1985(3) Offer Protection From Disability Discrimination?, Joseph D. Burdine
Post V. Trinity Health-Michigan: Does 42 U.S.C. § 1985(3) Offer Protection From Disability Discrimination?, Joseph D. Burdine
Seattle University Law Review SUpra
No abstract provided.
Revised Aba Standard 303: Curricular, Pedagogical, And Substantive Questions, Steven W. Bender
Revised Aba Standard 303: Curricular, Pedagogical, And Substantive Questions, Steven W. Bender
Seattle University Law Review SUpra
ABA accreditation standards now require law schools to provide education and training on racism, bias, and cross-cultural competence. This seemingly straightforward mandate raises numerous questions as schools plan for and implement compliance. Here, I articulate and approach these compliance questions using insights drawn from critical theory—which supplies helpful guidance for responses and ultimately antiracism legal education that is more than minimalist. Armed with critical insights, lawyers are better equipped to contribute to the struggle to eradicate systemic social ills in law and society.
America’S “Kia Boys”: The Problem, Responses, And Recommendations, Drew Thornley
America’S “Kia Boys”: The Problem, Responses, And Recommendations, Drew Thornley
Seattle University Law Review SUpra
The landscape of automobile theft in the United States has undergone a dramatic transformation, marked by a notable surge in the theft of Kia and Hyundai vehicles. Once regarded as a routine occurrence, car thefts have taken on a novel dimension, propelled by a phenomenon driven by digital culture and social media virality. The thefts of these specific car brands have evolved into what is now widely recognized as the "Kia Challenge," a term echoing across popular platforms like TikTok. In this challenge, young teenage individuals, often referred to as the "Kia Boys" or variations thereof, orchestrate daring car heists, …
Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd
Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Indiana University Maurer School of Law Professor Bill Henderson has once again been recognized as one of the most influential people in legal education, but he’s not the only one with ties to the Law School on this year’s list.
The National Jurist ranked Henderson #18 on its list. Kellye Testy, a 1991 alumna of the Law School and president and CEO of the Law School Admission Council, is ranked second.
The Discipline Of Breaks: Making Time For Rest (And Revisions) In Legal Writing, Patrick Barry
The Discipline Of Breaks: Making Time For Rest (And Revisions) In Legal Writing, Patrick Barry
Other Publications
Editing your work involves the tricky business of finding the right mental distance between two versions of yourself: the version that did the drafting and the version that now needs to do the revising. Mastering that kind of cognitive division is not always an easy task.
A Phenomenological Study Of The Lived Experiences Of African American Males' Challenges In Post Incarceration, Amber L. Scott
A Phenomenological Study Of The Lived Experiences Of African American Males' Challenges In Post Incarceration, Amber L. Scott
Doctoral Dissertations and Projects
This purpose of this phenomenological study is to understand the lived experiences of African American males in the state of Delaware post-incarceration. Incarceration disproportionately affects African American males leading to numerous difficulties during their transition back into the community. The research sought to comprehend the myriad of challenges and identify potential support systems to help facilitate successful reintegration. By utilizing a qualitative research approach, the study employs in-depth interviews to collect data from African American males who have experienced life post-incarceration. The analysis of the data incorporates elements of critical race theory and labeling theory to unravel the interplay of …
Refugee Health In Philadelphia, Marc Altshuler, Md
Refugee Health In Philadelphia, Marc Altshuler, Md
Academic Commons Workshops and Presentations
No abstract provided.
Maurer School Of Law Names New Assistant Dean For Diversity, Equity, And Inclusion, James Owsley Boyd
Maurer School Of Law Names New Assistant Dean For Diversity, Equity, And Inclusion, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Dr. Gabriel Escobedo has been appointed the Law School’s inaugural assistant dean for diversity, equity, and inclusion.
Escobedo has strong ties to Indiana University, earning his Ph.D. in Anthropology of Performing Arts and Latinx Culture from the university in 2023. He was an assistant instructor in IU’s Department of Anthropology from 2013-15.
“Gabriel will be a strong leader for our DEI efforts, and we’re excited to welcome him and his family back to Bloomington,” Maurer School of Law Dean Christiana Ochoa said. “His experience and success working collaboratively with a wide range of stakeholders at Michigan Technological University stood out …
Ndls Communicator: Week Of 01.08.24, Notre Dame Law School
Ndls Communicator: Week Of 01.08.24, Notre Dame Law School
NDLS Communicator
The Latest News
- Roger Alford testified on Dec. 19 before the Wisconsin Senate Committee on Government Operations in support of a bill to allow For-Sale-By-Owner listings on Zillow.
- Mary Ellen O'Connell has published an article that explains the legal and moral bases for banning AI-enabled lethal autonomous weapon systems (LAWS) in the Journal of Ethics and International Affairs.
- Derek Muller has been quoted in several major news publications and on CNN over the past few weeks about the lawsuits challenging former President Donald Trump's eligibility on state ballots.
- Rick Garnett was quoted by NBC News in an article about the …
Cardozo Law News Brief: January 5, 2024, Benjamin N. Cardozo School Of Law
Cardozo Law News Brief: January 5, 2024, Benjamin N. Cardozo School Of Law
Cardozo Law News Brief 2024
Featured Faculty:
- Alexander Reinert
- Young Ran (Christine) Kim
- Myriam Gilles
- Kathryn Miller
- Jocelyn Getgen Kestenbaum
- Jessica Roth
- Matthew Wansley
- Samuel Weinstein
- Edward Zelinsky
Events:
- Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?
Video Endoscopy As Big Data: Balancing Privacy And Progress In Gastroenterology, Eugenia N. Uche-Anya, Sara Gerke, Tyler M. Berzin
Video Endoscopy As Big Data: Balancing Privacy And Progress In Gastroenterology, Eugenia N. Uche-Anya, Sara Gerke, Tyler M. Berzin
Faculty Scholarly Works
Tens of millions of gastrointestinal (GI) endoscopy videos and images are generated annually in the United States (1). A single 15-minute endoscopic procedure, recorded at 30 frames per second, generates approximately 27,000 high-definition images, representing a treasure trove of potential data. In the era of artificial intelligence (AI) and machine learning (ML), this data stream will not only fuel innovative and clinically impactful research in gastroenterology for both academic and commercial purposes, but also introduce ethical and legal concerns that merit consideration. Gastroenterologists are now faced with navigating new questions around data privacy and data ownership that have …
Democracy, Universalism And Informal Employment: The Committee On Freedom Of Association And South Asia, Kamala Sankaran
Democracy, Universalism And Informal Employment: The Committee On Freedom Of Association And South Asia, Kamala Sankaran
Book Chapters
This chapter focuses on how the CFA has influenced democratic processes and trade union rights in South Asia, particularly in relation to the intersection between political and labour rights and the relationship between trade union rights and civil liberties. Ms Sankaran illustrates this relationship by referring to a number of cases in the region in which emergency regulations have impacted on the daily exercise of trade union rights, with reference to the guidance provided by the CFA in this respect. She also recalls the large numbers of workers in the informal economy in the region, who are restricted in the …
Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino
Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino
CICLR Online
In recent years, the Indigenous peoples of Brazil have fought a host of legal obstacles to maintain sovereignty over their traditional ancestral lands, in large part owing to the policy imperatives of successive presidential administrations and Congresses that have favored agribusiness interests and commercial development of Brazil’s interior regions at the expense of the Indigenous peoples who live in these areas. The Brazilian Constitution of 1988 guarantees Brazil’s Indigenous peoples legal recognition of their ancestral lands via the “land demarcation” or “official land recognition” process, providing that the federal government shall recognize “their original rights to the lands they traditionally …
Consent Searches And Underestimation Of Compliance: Robustness To Type Of Search, Consequences Of Search, And Demographic Sample, Roseanna Sommers, Vanessa K. Bohns
Consent Searches And Underestimation Of Compliance: Robustness To Type Of Search, Consequences Of Search, And Demographic Sample, Roseanna Sommers, Vanessa K. Bohns
Law & Economics Working Papers
Most police searches today are authorized by citizens’ consent, rather than probable cause or reasonable suspicion. The main constitutional limitation on so-called “consent searches” is the voluntariness test: whether a reasonable person would have felt free to refuse the officer’s request to conduct the search. We investigate whether this legal inquiry is subject to a systematic bias whereby uninvolved decision-makers overstate the voluntariness of consent and underestimate the psychological pressure individuals feel to comply. We find evidence for a robust bias extending to requests, tasks, and populations that have not been examined previously. Across three pre-registered experiments, we approached participants …
Picking Apart Pico, Delaney Billy
No Peeking: Addressing Pretextual Inspection Demands By Competitor-Affiliated Shareholders, Lin (Lynn) Bai, Sean Meyer
No Peeking: Addressing Pretextual Inspection Demands By Competitor-Affiliated Shareholders, Lin (Lynn) Bai, Sean Meyer
Faculty Articles and Other Publications
This article exposes how Delaware private companies are vulnerable to pretextual inspections under the guise of valuation by shareholders who are affiliated with competitors of the companies. The Delaware Court of Chancery’s 2020 decision in Woods v. Sahara Enterprises, Inc., which deviated from established law by switching the initial burden of proof of the shareholder’s motive to the target company, exacerbated this vulnerability. This article argues for reversing that decision and proposes changes in multiple areas of law to help companies fend off prying competitors who abuse statutory shareholder inspection rights for unfair advantages in competition.
No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz
No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Interpreting Ethics Rules, Samuel J. Levine
Interpreting Ethics Rules, Samuel J. Levine
Scholarly Works
This Article explores the interpretation of ethics rules through the prism of two rules that have been the subject of ongoing controversy and contention: Rule 4.2, the “no-contact” rule, which prohibits a lawyer from communicating with a represented client absent the consent of that client’s lawyer, and Rule 8.4(g), which prohibits various forms of discrimination and harassment. Each of these rules provides a model for a wider examination of different interpretive approaches to ethics rules, grounded in different attitudes toward the features and functions of ethics codes. Specifically, the debate revolving around Rule 4.2 illustrates competing approaches to interpreting a …
Severing Solitary: Reforming Inmate Isolation In Consideration Of Prison Realities And The Eighth And Fourteenth Amendments, Harrison R. Kusnierz
Severing Solitary: Reforming Inmate Isolation In Consideration Of Prison Realities And The Eighth And Fourteenth Amendments, Harrison R. Kusnierz
Student Works
No abstract provided.
Unequal Representation For Equal Numbers Of People: The Persistence Of Prison Gerrymandering And Why It Requires Judicial Intervention, Meredith Conway
Unequal Representation For Equal Numbers Of People: The Persistence Of Prison Gerrymandering And Why It Requires Judicial Intervention, Meredith Conway
Student Works
No abstract provided.
The Short And Troubled History Of The Printed State Administrative Codes And Why They Should Be Preserved, Kurt X. Metzmeier
The Short And Troubled History Of The Printed State Administrative Codes And Why They Should Be Preserved, Kurt X. Metzmeier
Faculty Scholarship
This article makes a case for the historical importance of early state administrative codes and urges that law libraries preserve them for future researchers of state administrative law and policy.
Understanding Our Digital Fingerprints: Metadata, Competency, And The Future Practice Of Law, Stacey Lane Rowland
Understanding Our Digital Fingerprints: Metadata, Competency, And The Future Practice Of Law, Stacey Lane Rowland
Faculty Publications
Metadata, often referred to as “data about data,” plays a crucial role in the digital world. It encompasses embedded information within electronic documents that reveals details about their creation, modification, and transmission. In legal proceedings, metadata can be both helpful and controversial, as it can expose sensitive information and potentially support or refute claims of fabricated evidence. With the widespread use of smartphones and other electronic devices, individuals generate vast amounts of personal data, including metadata, that can provide detailed insights into their lives.
This Article explores the significance of metadata in various contexts, such as digital photographs, and highlights …
How The International Investment Law Regime Undermines Access To Justice For Investment-Affected Stakeholders, Ladan Mehranvar
How The International Investment Law Regime Undermines Access To Justice For Investment-Affected Stakeholders, Ladan Mehranvar
Columbia Center on Sustainable Investment
For over a decade now, the international investment law regime, which includes investment treaties and their central pillar, the investor-state dispute settlement (ISDS) mechanism, has been facing sustained calls for reform. These have largely centered on the concerns regarding the high costs of ISDS, the restrictions placed by the investment treaty regime on the right—or duty—of states to regulate in the public interest, and the questionable benefits arising from these treaties in the first place. Several states have taken proactive measures: some have revised investment treaty standards to better protect their regulatory powers; others have introduced new approaches to investment …
An International Law Framework For Climate-Aligned Investment Governance, Martin Dietrich Brauch, Elena Klonsky, Fanny Marie Everard, Qiaozi Guanglin, Tyler Alviano, Justin Cuddihey, Mary Wang
An International Law Framework For Climate-Aligned Investment Governance, Martin Dietrich Brauch, Elena Klonsky, Fanny Marie Everard, Qiaozi Guanglin, Tyler Alviano, Justin Cuddihey, Mary Wang
Columbia Center on Sustainable Investment
The January 2024 CCSI Working Paper, An International Law Framework for Climate-Aligned Investment Governance, outlines a framework — and invites and hopes to inspire further thinking, research, and discussion — on how to bridge gaps and build cohesion among various areas of international law relevant to investment in climate mitigation and adaptation. The working paper identifies areas of international law that are or could be relevant to investment governance, highlights points of inconsistency, and proposes a framework to reform and integrate international law with the objective of promoting and facilitating climate investment flows and achieving climate-aligned regulation of investment.
Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan
Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan
Scholarly Articles
Starting in the 1930s with the earliest version of the proxy rules, the Securities and Exchange Commission (SEC) has gradually increased the proportion of “instructed” votes on the shareholder’s proxy card until, for the first time in 2022, it required a fully instructed proxy card. This evolution effectively shifted the exercise of the shareholder’s vote from the shareholders’ meeting to the vote delegation that occurs when the share-holder fills out the proxy card. The point in the electoral process when the binding voting choice is communicated is now the execution of the proxy card (assuming the shareholder completes the card …
Unshielded: How The Police Can Become Touchable, Brandon Hasbrouck
Unshielded: How The Police Can Become Touchable, Brandon Hasbrouck
Scholarly Articles
This Review proceeds in three Parts. First, Part I examines Shielded’s text, highlighting Schwartz’s analysis of the problem of unaccountable police, the many barriers to holding police accountable, and her proposed solutions. Part II then critically examines Schwartz’s work, examining pieces of the problem she left undiscussed and the relative shortcomings of her discussion of possible solutions. Finally, Part III takes an abolitionist approach, delving into potential nonreformist reforms and the solution of full abolition, as well as examining the most significant objection to abolitionist approaches: the problem of violence.
Stakeholder Governance As Governance By Stakeholders, Brett H. Mcdonnell
Stakeholder Governance As Governance By Stakeholders, Brett H. Mcdonnell
Articles
Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.
This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …