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Full-Text Articles in Law

Preparing For Sharing Your Research: Publishing And Copyright, Paul Royster, Sue Ann Gardner Oct 2021

Preparing For Sharing Your Research: Publishing And Copyright, Paul Royster, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

Publishing

• Selecting a journal or publisher

• Avoiding predatory journals

• How to write for publication

• How to endure peer review

• Publishers’ contracts

• Open access

• Preprints

• Your thesis/dissertation online

Copyright

• Basic copyright: Know your rights

• Rights transfer: Permissions, Licensing

• Use of your work: Fair use, Educational use

Join Scholarly Communications Librarian, Sue Gardner, and 40-year publishing veteran and Coordinator of Scholarly Communications, Paul Royster, to learn the ins and outs of publishing. Topics include where to publish or distribute your work, how to navigate publishing agreements, and how to maintain your …


Twenty Years After The Anthrax Terrorist Attacks Of 2001: Lessons Learned And Unlearned For The Covid-19 Response, Lawrence O. Gostin, Jennifer B. Nuzzo Oct 2021

Twenty Years After The Anthrax Terrorist Attacks Of 2001: Lessons Learned And Unlearned For The Covid-19 Response, Lawrence O. Gostin, Jennifer B. Nuzzo

Georgetown Law Faculty Publications and Other Works

The 20th anniversary of the terrorist attacks on September 11, 2001, resulted in deep national reflection. Less remembered are the events that began to unfold 7 days later as anonymous letters laced with deadly anthrax (Bacillus anthracis) spores began arriving at postal facilities, media companies, and congressional offices. The first death from inhaled anthrax exposure occurred on October 5, with an additional 4 deaths and 17 infections over the ensuing months.

The anthrax attacks exposed a health system ill-equipped to respond to acute emergencies. This article explores the lessons learned, and unlearned, from the anthrax attacks, through to …


Fourth Amendment Review 2021, Ekow N. Yankah Oct 2021

Fourth Amendment Review 2021, Ekow N. Yankah

Faculty Online Publications

When it comes to policing, the U.S. Supreme Court too often plays the role of the garish sun. Scholars counsel that policing is the quintessential local activity, often repeating that the United States has up to 18,000 local police forces, and if one wants to change policing, the place to look is your police chief, sheriff, or mayor. Yet despite our own warnings, we cannot help staring towards that Washingtonian marbled temple, to divine the shape of policing to come. If the Supreme Court cannot readily modify policing in each city and hamlet, it is unique in its ability to …


Integrating Doctrine And Diversity Speaker Series: When Law School Classroom Discussions Of Diversity Issues Go Wrong, Roger Williams University School Of Law, City University Of New York School Of Law Oct 2021

Integrating Doctrine And Diversity Speaker Series: When Law School Classroom Discussions Of Diversity Issues Go Wrong, Roger Williams University School Of Law, City University Of New York School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


United States Accused Of Violating International Laborlaws, Remains Far Behind Developed Nations, Mia Bornstein Oct 2021

United States Accused Of Violating International Laborlaws, Remains Far Behind Developed Nations, Mia Bornstein

CICLR Online

This past month, a group of labor and trade union leaders filed a complaint with the United Nations’ labor agency, alleging numerous violations of international labor law under the Trump administration during the COVID-19 pandemic.The complaint detailed violationsin numerous areas of labor law across a myriad of industries. These included allegations of inadequate safety protections, companies forcing employees to return to work, and retaliations and prohibitions on worker unionization attempts. Industries included meatpacking, fast-food, warehousing, healthcare, gig workers, airports, and retail. While this complaint referred specifically to allegations arising from the COVID-19 pandemic, the United States has remained far behind …


H.R. 2590: Finally Conditioning U.S. Aid To Israel, Heidi Sandomir Oct 2021

H.R. 2590: Finally Conditioning U.S. Aid To Israel, Heidi Sandomir

ERSJ Blog

Since 1948, when Israel was declared a sovereign nation, Israel has had a significant relationship with the United States. There are many reasons why this relationship is so strong; some attribute this to the strong proIsrael lobby, powered by both American Jews and Evangelical Christians, and others focusing on Israel's reputation as “the only democracy in the Middle East.” Regardless of the reason, the U.S.- Israel relationship is and remains a strong allyship.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on October 26, 2021. The original post can be accessed via …


The First Step In Overhauling Criminal Justice? Abolish The Death Penalty, Rachel A. Van Cleave Oct 2021

The First Step In Overhauling Criminal Justice? Abolish The Death Penalty, Rachel A. Van Cleave

Publications

Since the killing of George Floyd by a police officer, many changes to criminal justice have been proposed and some have been enacted. However, none of these reforms will be meaningful unless and until we require the government to dismantle the laws and procedures that implement the death penalty, an inherently biased and horrific practice. The fact that the federal government and twenty-seven states still have the death penalty reveals an attitude that is diametrically counter to the mindset necessary to end mass incarceration.


A Seat At The Table: Why You Deserve It, But Your Brain Might Be Telling You Otherwise, Jonathan Ibarra Paz Oct 2021

A Seat At The Table: Why You Deserve It, But Your Brain Might Be Telling You Otherwise, Jonathan Ibarra Paz

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

“Are you frequently worried about making mistakes and frustrated because your work is not perfect? Do you suspect you will never be smart enough or good enough no matter how successful you already are? Do you often attribute your success to luck, chance, or anything else except your own talent and hard work?” If you answered yes to any of these questions, it could indicate that you suffer from imposter syndrome.

Imposter syndrome can be described as, an internal experience of intellectual phoniness… result[ing] in people feeling like they lack the skills, knowledge, and/or competence to do their jobs despite …


Week Of October 25, 2021 - October 29, 2021, Benjamin N. Cardozo School Of Law Oct 2021

Week Of October 25, 2021 - October 29, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

  • Asian Pacific American Law Students Association (APALSA)
  • Black Asian & Latino Law Students Association (BALLSA) Alumni Group
  • Cardozo Entertainment Law Society
  • Cardozo Family Law Society
  • Cardozo International & Comparative Law Review
  • Cardozo on the Israeli-Palestinian Conflict (CIPC)
  • Cardozo Women's Law Initiative (WLI)
  • Chabad at Cardozo
  • Heyman Center on Corporate Law and Governance
  • Intellectual Property Law Society (IPLS)
  • Public Interest Law Advocacy Week (P*LAW)
  • Public Interest Law Student Association (PILSA)


Ndls Communicator: Week Of 10.25.21, Notre Dame Law School Oct 2021

Ndls Communicator: Week Of 10.25.21, Notre Dame Law School

NDLS Communicator

The Latest News

  • Professor Joseph Bauer receives McCafferty Award from Notre Dame Law Association
  • One ND Law professor and one graduate are clerking at the U.S. Supreme Court this term
  • Rudy Monterrosa to receive Excellence in Community Service award
  • Teaching Thomas
  • Sherif Girgis writes for The Washington Post
  • Emily Bremer writes for Yale Journal of Legislation
  • Nicole Garnett writes for The 74
  • Lloyd Mayer interviewed in Daily Beast
  • Carter Snead honored by St. Thomas More Society Dallas chapter
  • Emily Bremer to speak AALS webinar on Administrative Law
  • Inside the Family, Faith and Foundations of New Holy Cross President Vincent Rougeau …


Mmu: 10/25/21–10/31/21, Student Bar Association Oct 2021

Mmu: 10/25/21–10/31/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: Shaniya Raheja

2Ls Taking Ls: Matteo Taraborelli

Ask a 3L: Emily Dufner


Vol. 61, No. 09 (October 25, 2021) Oct 2021

Vol. 61, No. 09 (October 25, 2021)

Indiana Law Annotated

No abstract provided.


Regulation Of Loot Box Mechanics, Mamoon Saleemi Oct 2021

Regulation Of Loot Box Mechanics, Mamoon Saleemi

AELJ Blog

There has been debate among legal scholars as to whether loot boxes can be considered a form of gambling and whether they should or how they should be regulated. Loot boxes are virtual items users can purchase within video games for real money. These “boxes” contain random items which can range from cosmetic items that alter the appearance of characters in the game, to new weapons and tools or even access to new characters. In 2017 loot boxes brought in a record 30 billion dollars worldwide. It is projected that loot boxes will bring in 50 billion dollars in 2022. …


The Blockchain Easement: Benefits And Drawbacks Of Blockchain Technology In Real Estate, Alexander Aufrichtig Oct 2021

The Blockchain Easement: Benefits And Drawbacks Of Blockchain Technology In Real Estate, Alexander Aufrichtig

AELJ Blog

Ask around and many will say that blockchain technology is the greatest thing since sliced bread. Simply put, blockchain technology is a “shared, immutable ledger that facilitates the process of recording transactions and tracking assets in a business network.” Blockchain technology has sprouted the creation of cryptocurrency and is being considered, if not already implemented, across a multitude of industries. The real estate industry is one of the many industries that has turned its attention toward blockchain technology. The main discussion here is how blockchain, within the real estate industry, presents a vast array of potential benefits with a number …


What Counts As Data?, Anya Bernstein Oct 2021

What Counts As Data?, Anya Bernstein

Journal Articles

We live in an age of information. But whether information counts as data depends on the questions we put to it. The same bit of information can constitute important data for some questions, but be irrelevant to others. And even when relevant, the same bit of data can speak to one aspect of our question while having little to say about another. Knowing what counts as data, and what it is data of, makes or breaks a data-driven approach. Yet that need for clarity sometimes gets ignored or assumed away. In this essay, I examine what counts as data in …


Hon. Peter Dearing, Gerald B. Tjoflat Oct 2021

Hon. Peter Dearing, Gerald B. Tjoflat

Special Collections

A discussion with Judge Tjoflat regarding his involvement in the Jacksonville school desegregation case Mims v. Duval County School Board.


Motion For Leave To File And Brief For Amici Curiae Legal Scholars And Academics In Support Of Petitioner, David Rudenstine Oct 2021

Motion For Leave To File And Brief For Amici Curiae Legal Scholars And Academics In Support Of Petitioner, David Rudenstine

Faculty Amicus Briefs

Amici Curiae are legal scholars and academics who have dedicated their careers to the study, teaching and practice of United States constitutional law, including the death penalty and methods of execution. Many amici have written scholarly articles on these topics.

Many amici listed below earlier wrote to this Court in 2018 by submitting a brief in Bucklew v. Precythe, 139 S. Ct. 1112 (2019), to apprise the Court of information regarding the availability of alternative methods of execution to be considered in clarifying the applicable Eighth Amendment standard for method-of-execution challenges. Amici agreed with the Court’s clear statement in …


An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law Oct 2021

An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Much Needed Reformation In South Korea’S Juvenile Act, William Kim Oct 2021

Much Needed Reformation In South Korea’S Juvenile Act, William Kim

CICLR Online

On December 26, 2019, in Guri, South Korea, a fifth-grade student stabbed a fellow schoolmate to death. The student was reportedly enraged by the victim’s verbal assault on her family. Yet, in stark contrast to South Korea’s Criminal Act, which mandates a minimum punishment of at least five years in prison for a homicide case, the defendant was sentenced to be transferred to the Juvenile Reformatory for a long-term period. Under the Juvenile Act, children aged 10 to 14 are exempt from criminal punishment, and they must be tried under protection by the Juvenile Department. Because the defendant was a …


Mediation And Negotiation In South Korea And Japan, Julie Kim Oct 2021

Mediation And Negotiation In South Korea And Japan, Julie Kim

CJCR Blog

Since Japan’s colonization of Korea from 1910 to 1945, relations between the two countries have been rocky. In 1965, the United States helped with the signing of a normalization treaty between Japan and South Korea; Japan believes that this resolved all reparation questions. However, the treaty was signed secretly and pushed through the legislature under South Korean dictator Park Chung-Hee. Additionally, Japan possessed much greater power than South Korea at the time, leaving Koreans with few options and raising questions from Koreans’ perspective of the treaty’s legitimacy. More importantly, the treaty did not properly address the issues of Japanese wartime …


Cardozo Law News Brief: October 22, 2021, Benjamin N. Cardozo School Of Law Oct 2021

Cardozo Law News Brief: October 22, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

  • Betsy Ginsberg
  • Kate Shaw
  • Edward Zelinsky
  • Christopher Buccafusco
  • Pamela Foohey
  • Barbara Kolsun
  • Kathryn Miller
  • Alexander A. Reinert
  • Jeanne L. Schroeder
  • David G. Carlson

Campus News:

  • Sports Law Society Panel Debates NCAA “Name, Image, and Likeness” Policy
  • The Future of Fashion: A Conversation with Vanessa Friedman

Events:

  • A Discussion with Former Solicitor General Noel Francisco & Professor Alex Reinert About the Supreme Court's 2021-22 Docket
  • Back to Broadway
  • Lawyers Behaving Badly: Episode 1 - The Executive Branch
  • The COVID-19 Pandemic, Diversity and Inclusion, and the Practice of Law
  • Attica: Screening and Conversation
  • Supporting Mental and Public Health Prevention Work …


Who Defends: Judge Sutton's Vision And The Challenge Of A Plural Executive, Katherine A. Shaw Oct 2021

Who Defends: Judge Sutton's Vision And The Challenge Of A Plural Executive, Katherine A. Shaw

Faculty Online Publications

It’s no secret that this is a perilous moment for American democracy. We’re nine months out from a deadly attack on the U.S. Capitol, launched with the explicit goal of disrupting the peaceful transfer of power following the 2020 presidential election. Congress appears gridlocked on basic questions of debt and spending, and the possibility of a default before the end of the year remains a live one, with the covid pandemic still ongoing. The U.S. Supreme Court is facing an unprecedented legitimacy deficit in the eyes of the public. Election experts warn that future American elections, including the 2024 election, …


The Brief (Edition #12, October 2021), William & Mary Law School Oct 2021

The Brief (Edition #12, October 2021), William & Mary Law School

The Brief

No abstract provided.


Rewriting Our Nation's Deadly Traffic Manual, Sara C. Bronin, Gregory H. Shill Oct 2021

Rewriting Our Nation's Deadly Traffic Manual, Sara C. Bronin, Gregory H. Shill

Cornell Law Faculty Publications

Every day, Americans entrust their lives to a road system that is governed by the Manual on Uniform Traffic Control Devices for Streets and Highways (the Manual). On its face, this Federal Highway Administration (FHWA) publication is a straightforward technical document. It contains over eight hundred pages of engineering guidance on everything from traffic-light placement to the font of highway signs. It also establishes acceptable methods for officials to modify speed limits.

While such provisions may sound inconsequential, some of the Manual’s provisions have far-reaching, even deadly, consequences. They prioritize vehicular speed over public safety, mobility over other uses of …


The Eminence Of An Incompetent Forensic Expert Versus The Innocence Of The Defendant, Eza Bella Zakirova Oct 2021

The Eminence Of An Incompetent Forensic Expert Versus The Innocence Of The Defendant, Eza Bella Zakirova

CICLR Online

Globally, nearly all criminal investigations revolve around one key element–forensic evidence. Technology also aids forensic investigations which help experts reach a verdict directed at the real perpetrator—the defendant or someone else. Forensic investigations are highlighted by the media as something supernatural; forensic investigators get to find out what happened at the crime scene before anyone else. As a result, general society tends to assume expert testimony to be 100% accurate. However, general society may not be aware of the fact that under Federal Rule of Evidence 702, a person may qualify to be an expert witness if he has at …


Climate Attribution Science: A Likely “No” Under Alice, Corey Tam Oct 2021

Climate Attribution Science: A Likely “No” Under Alice, Corey Tam

AELJ Blog

“Nature is my ultimate inspiration . . . I have always been drawn to nature.” Those were the words of Andres Amador, a current San Francisco-based artist known for his large-scale works on sandy beaches. He represents the assemblage of artists who have used nature as creative inspiration. However, the current anthropogenic increase in global temperatures, i.e., “climate change,” threatens the natural systems that inspire artists like Andres. Climate change, in turn, threatens artistic creations, both existing and future ones.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 20, 2021. The original …


Nye Vs. Disney: Applying Legacy Profit Participation Contracts To The Digital Age, Raven Berzal Oct 2021

Nye Vs. Disney: Applying Legacy Profit Participation Contracts To The Digital Age, Raven Berzal

AELJ Blog

Many television shows that have concluded and/or gone off the air have found second lives via streaming services. “Friends” and “Sex & the City,” which both aired their last episodes in 2004, are available on HBO Max. “Seinfeld,” which concluded in 1998, is available on Netflix, and “The Office (U.S.),” which ended in 2013, is available on Peacock. However, as the public enjoys consuming older content on demand, both companies and talent are wrestling with how to interpret older contracts that did not contemplate, or expressly provide for, distribution of content on digital platforms that did not exist at the …


Student Loan Debt Forgiveness In A Pandemic, Samantha Berger Oct 2021

Student Loan Debt Forgiveness In A Pandemic, Samantha Berger

ERSJ Blog

The COVID-19 pandemic has changed the lives of Americans across the country negatively impacting the health and livelihoods of millions. Student loan debt statistics for 2021 show U.S. student loan debt is the second highest consumer debt in the United States--crippling 45 million borrowers who collectively owe nearly $1.7 trillion. As part of the CARES Act, passed in March of 2020 in response to the Covid-19 pandemic, student loans were paused; meaning, no federal student loan payments were owed, no interest accrued, and no student loans in default would be collected.

This post was originally published on the Cardozo Journal …


Welcome Home: Aboriginal Rights Law After Desautel, Kent Mcneil, Kerry Wilkins Oct 2021

Welcome Home: Aboriginal Rights Law After Desautel, Kent Mcneil, Kerry Wilkins

All Papers

In R v Desautel, decided April 23, 2021, a majority of the Supreme Court of Canada held, for the first time, that an Indigenous community located in the United States, whose members are neither citizens nor residents of Canada, can have an existing Aboriginal right, protected by section 35 of the Constitution Act, 1982, to hunt a specified area within Canada. This will be so, the Supreme Court majority held, where the community can show that it descends from (is a successor of) an Indigenous community that was present in what is now Canada at the time of …


An Open Governor’S Seat, Open Constitutional Question, And The Need For An Answer, Samuel Steele Mclelland, James R. Baxter Oct 2021

An Open Governor’S Seat, Open Constitutional Question, And The Need For An Answer, Samuel Steele Mclelland, James R. Baxter

Arkansas Law Notes

Another election cycle always means a renewal of fresh lawsuits and legal questions, and 2022 is no exception. the announcement of Sarah Huckabee Sanders’s run for Governor of Arkansas reignites an interesting aspect of Arkansas’s Constitution: must a candidate for Governor live in the State of Arkansas for seven consecutive years, immediately preceding taking office? A final ruling by the Arkansas Supreme Court will give clarity and stability going forward for the most important elected position in the state.