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2016

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Articles 1 - 30 of 15376

Full-Text Articles in Law

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence Solan, Tammy Gales Dec 2016

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence Solan, Tammy Gales

Faculty Scholarship

No abstract provided.


Astroturf Activism, Melissa J. Durkee Dec 2016

Astroturf Activism, Melissa J. Durkee

Scholarly Works

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules ...


The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski Dec 2016

The Contributions Of Louis Brandeis To The Law Of Lawyering, John S. Dzienkowski

Touro Law Review

No abstract provided.


Special Education Law And Practice: Cases And Materials, Deborah N. Archer, Richard D. Marsico Dec 2016

Special Education Law And Practice: Cases And Materials, Deborah N. Archer, Richard D. Marsico

Books

Special Education Law and Practice is an experientially-focused casebook that also serves as a reference for attorneys who practice special education law and anyone interested in learning about the special education process. The casebook covers substantive special education rights, racial disparities in special education, discipline, procedural protections, federal court litigation, remedies, and attorneys' fees. Each chapter begins with a problem, rich in facts and law, that places the student in the position of an attorney trying to resolve a problem for a client using that chapter's materials. Comprehensive notes expand the areas covered by featured cases.


Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin Dec 2016

Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin

Articles

No abstract provided.


Quintavalle: The Quandary In Bioethics, Lisa Cherkassky Dec 2016

Quintavalle: The Quandary In Bioethics, Lisa Cherkassky

Journal of Law and Health

The case of R. (Quintavalle) v. Human Fertilisation Embryology Authority (and Secretary of State for Health) presents a handful of legal problems. The biggest legal query to arise from the case is the inevitable harvest of babies, toddlers and very young children for their bone marrow. This article unpacks the judicial story behind Quintavalle to reveal how the strict provisions of the Human Fertilisation and Embryology Act 1990 - namely ‘suitable condition’ under schedule 2 paragraph 1(1)(a) and ‘treatment services’ and ‘assisting’ under section 2(1) - were widely misinterpreted to introduce the social selection of embryos into law. The ...


Expansion Of Employee Wellness Programs Under Ppaca Creates Additional Barriers To Healthcare Insurance For Individuals With Disabilities, Amy B. Cheng Dec 2016

Expansion Of Employee Wellness Programs Under Ppaca Creates Additional Barriers To Healthcare Insurance For Individuals With Disabilities, Amy B. Cheng

Journal of Law and Health

There are many barriers to healthcare for the general population that has been documented throughout the years, with one particularly affected group being individuals with disabilities. One identified healthcare barrier for individuals with disabilities is the inability to gain access to the healthcare system through health insurance. While many attempts have been made to resolve this issue, serious problems have yet to be resolved. The Patient Protection Affordable Care Act (PPACA) attempted to solve the issue by expanding Health Insurance Portability and Accountability Act of 1996’s (HIPAA) current regulations on employee wellness programs. The relevant regulations govern employee wellness ...


Mending Invisible Wounds: The Efficacy And Legality Of Mdma-Assisted Psychotherapy In United States' Veterans Suffering With Post-Traumatic Stress Disorder, Jonathan Perry Dec 2016

Mending Invisible Wounds: The Efficacy And Legality Of Mdma-Assisted Psychotherapy In United States' Veterans Suffering With Post-Traumatic Stress Disorder, Jonathan Perry

Journal of Law and Health

Though Veteran Affairs has provided crucial life sustaining—and often lifesaving—treatments to returning soldiers, the substantial and ever-increasing rates of veteran suicides, drug addictions, and criminal behavior indicate a need for broader options in treatment. One of the most profound discoveries uncovered through MDMA-assisted psychotherapy research is MDMA’s facilitation of the alleviation of addictive behavior in subjects, and, as a result, an alleviation of addictions in general. Addiction is one of the key symptoms of post-traumatic stress disorder (PTSD) and drug abuse plays a large role in the other afflictions suffered by veterans, namely criminal activity and a ...


Funding Long-Term Services And Supports (Ltss) For Working Aged Disabled Americans, Helen L. Rapp Dec 2016

Funding Long-Term Services And Supports (Ltss) For Working Aged Disabled Americans, Helen L. Rapp

Journal of Law and Health

There are a multitude of dilemmas faced today by over 3 million significantly disabled Americans, many of whom depend on Medicaid for Long-Term Services and Supports (LTSS) in obtaining the services they need to simply live. While the landmark 1990 Americans with Disabilities Act (ADA) has done a lot to improve the lives of people with disabilities, the reality is that using Medicaid as the vehicle for funding LTSS places unreasonable restrictions on disabled people who want to live independent lives and be as successful as possible.

The Federal Government must change funding for LTSS in order to provide disabled ...


The Hostile Poison Pill, A. Christine Hurt Dec 2016

The Hostile Poison Pill, A. Christine Hurt

Faculty Scholarship

No abstract provided.


R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni Dec 2016

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

No abstract provided.


Letter From The Editor Dec 2016

Letter From The Editor

International Journal of Nuclear Security

No abstract provided.


Nuclear Power: Black Sky Liability Or Black Sky Asset?, Sherrell R. Greene Dec 2016

Nuclear Power: Black Sky Liability Or Black Sky Asset?, Sherrell R. Greene

International Journal of Nuclear Security

Ready access to abundant electricity is a key enabler of modern life. During the past decade the vulnerability of Critical Infrastructure sectors in the U.S. to a variety of natural hazards and man-made threats has become increasingly apparent. The electrical infrastructure (the “Grid”) is the foundation for all other critical civil infrastructures upon which our society depends. Therefore, protection of the Grid is an energy security, homeland security, and national security issue of highest importance. Geomagnetic disturbances (GMD) induced by solar coronal mass ejections (CMEs), electromagnetic pulse (EMP) attacks, and cyber attacks are three events having the potential to ...


Implementation Of The 1995 Middle East Resolution: A Vital Lifeline To The Extension And Success Of The Non-Proliferation Treaty, Haidy Y. Ghoname, Howard Lewis Hall Dec 2016

Implementation Of The 1995 Middle East Resolution: A Vital Lifeline To The Extension And Success Of The Non-Proliferation Treaty, Haidy Y. Ghoname, Howard Lewis Hall

International Journal of Nuclear Security

This study highlights the core non-proliferation dilemmas we face and suggests an effective mechanism for reviving the spirit and the hope of the Non-Proliferation Treaty. An indispensable key to the treaty calls for a rethinking of what we believe should be referred to as its four pillars: disarmament, non-proliferation, peaceful uses of nuclear energy, and implementation of the 1995 Middle East Resolution. We seek to contribute to the renaissance of the non-proliferation regime by addressing seven dilemmas that arise from the way various Non-Proliferation Treaty participants pursue the goals of the four pillars undergirding the treaty. This study highlights core ...


Student Competition Cover Dec 2016

Student Competition Cover

International Journal of Nuclear Security

No abstract provided.


Prospects For Cooperation On Tackling Nuclear And Radiological Terrorism In South Asia: India–Pakistan Nuclear Detection Architecture, Muhammad Umer Khan Dec 2016

Prospects For Cooperation On Tackling Nuclear And Radiological Terrorism In South Asia: India–Pakistan Nuclear Detection Architecture, Muhammad Umer Khan

International Journal of Nuclear Security

No abstract provided.


Janus Realized: The Use Of Social Media As A Means Of Transparency Nuclear Communication To The Public, Frances Bachstein Dec 2016

Janus Realized: The Use Of Social Media As A Means Of Transparency Nuclear Communication To The Public, Frances Bachstein

International Journal of Nuclear Security

No abstract provided.


Masthead Dec 2016

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Front Matter Dec 2016

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Dec 2016

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


The Impact Of Md5 File Hash Collisions On Digital Forensic Imaging, Gary C. Kessler Dec 2016

The Impact Of Md5 File Hash Collisions On Digital Forensic Imaging, Gary C. Kessler

Journal of Digital Forensics, Security and Law

The Message Digest 5 (MD5) hash is commonly used as for integrity verification in the forensic imaging process. The ability to force MD5 hash collisions has been a reality for more than a decade, although there is a general consensus that hash collisions are of minimal impact to the practice of computer forensics. This paper describes an experiment to determine the results of imaging two disks that are identical except for one file, the two versions of which have different content but otherwise occupy the same byte positions on the disk, are the same size, and have the same hash ...


A New Distributed Chinese Wall Security Policy Model, Saad Fehis, Omar Nouali, Mohand-Tahar Kechadi Dec 2016

A New Distributed Chinese Wall Security Policy Model, Saad Fehis, Omar Nouali, Mohand-Tahar Kechadi

Journal of Digital Forensics, Security and Law

The application of the Chinese wall security policy model (CWSPM) to control the information flows between two or more competing and/or conflicting companies in cloud computing (Multi-tenancy) or in the social network, is a very interesting solution. The main goal of the Chinese Wall Security Policy is to build a wall between the datasets of competing companies, and among the system subjects. This is done by the applying to the subjects mandatory rules, in order to control the information flow caused between them. This problem is one of the hottest topics in the area of cloud computing (as a ...


Leveraging The Windows Amcache.Hve File In Forensic Investigations, Bhupendra Singh, Upasna Singh Dec 2016

Leveraging The Windows Amcache.Hve File In Forensic Investigations, Bhupendra Singh, Upasna Singh

Journal of Digital Forensics, Security and Law

The Amcache.hve is a registry hive file that is created by Microsoft® Windows® to store the information related to execution of programs. This paper highlights the evidential potential of Amcache.hve file and its application in the area of user activity analysis. The study uncovers numerous artifacts retained in Amcache.hve file when a user performs certain actions such as running host-based applications, installation of new applications, or running portable applications from external devices. The results of experiments demonstrate that Amcache.hve file stores intriguing artifacts related to applications such as timestamps of creation and last modification of any ...


Waters Of The United States, Roni A. Elias Dec 2016

Waters Of The United States, Roni A. Elias

Tulsa Law Review

No abstract provided.


Is The Internet Rotting Oklahoma Law?, Lee F. Peoples Dec 2016

Is The Internet Rotting Oklahoma Law?, Lee F. Peoples

Tulsa Law Review

No abstract provided.


The Pride Of The Common Law: Oklahoma's Struggle With The Prima Facie Tort Action, Matthew C. Kane, Ivan L. London Dec 2016

The Pride Of The Common Law: Oklahoma's Struggle With The Prima Facie Tort Action, Matthew C. Kane, Ivan L. London

Tulsa Law Review

No abstract provided.


Dear Colleague: Title Ix Coordinators And Inconsistent Compliance With The Laws Governing Campus Sexual Misconduct, Brian A. Pappas Dec 2016

Dear Colleague: Title Ix Coordinators And Inconsistent Compliance With The Laws Governing Campus Sexual Misconduct, Brian A. Pappas

Tulsa Law Review

Title IX Coordinators are tasked with effectuating Title IX compliance to ensure a safe campus while protecting the rights of survivors and alleged perpetrators. An epidemic of university sexual misconduct and widespread non-reporting provided the context for a 2011 Department of Education Office of Civil Rights Dear Colleague Letter redefining compliance. This article utilizes interviews conducted between 2011 and 2014 with 13 Title IX Coordinators from large institutions of higher education to provide a ground-level view of compliance in action. In the very best light, during this time university compliance with Title IX was highly inconsistent and largely ineffective. Title ...


Editor's Note, Aaron Tifft Dec 2016

Editor's Note, Aaron Tifft

Tulsa Law Review

No abstract provided.


Nuisance And The Normative Boundaries Of Ownership, Christopher Essert Dec 2016

Nuisance And The Normative Boundaries Of Ownership, Christopher Essert

Tulsa Law Review

A nuisance is an unreasonable interference with an owner’s right to use and enjoy her land. The tort of nuisance must be understood if we are to understand the nature, scope, and justification of private property rights. As the latter task is among the most important ones facing legal and political philosophers in a democratic society, such as ours, the former is crucial. Yet, we lack anything like a viable theory of nuisance law. The two most prominent—the economic view and the physical-invasion view—both fail, doc-trinally and normatively. Things are so bad for nuisance that it has ...


Table Of Contents Dec 2016

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.