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Full-Text Articles in Law

The Behaviour Of Family Lawyers And The Implications For Legal Education, John H. Wade Dec 2017

The Behaviour Of Family Lawyers And The Implications For Legal Education, John H. Wade

John Wade

Legal educators have often developed courses with the purported goal of teaching students to “think like lawyers.” Yet little is known about the ways various classes of lawyers think or behave. This paper offers some insights through anecdotal observations of the behaviour of family lawyers in Sydney. It must be conceded, however, that even beginning to demystify lawyerly behaviour does little to resolve current debates about the goals and methods of legal education.


Public Health As A Model For Cybersecurity Information Sharing, Elaine M. Sedenberg, Deirdre K. Mulligan Nov 2017

Public Health As A Model For Cybersecurity Information Sharing, Elaine M. Sedenberg, Deirdre K. Mulligan

Deirdre Mulligan

Policy proposals often feature information sharing as a means to improve cybersecurity, but lack specificity connecting these activities to specific goals intended to advance the state of cybersecurity. We use the Doctrine of Cybersecurity as a lens to examine existing information sharing efforts and evaluate the utility of information sharing proposals. Leaning on the analogous public good-oriented field of public health, we extract insights on how these information policies and practices evolved to promote goals while actively mediating among values. Based on our review of specific public health information sharing systems, we derive a set of four principles—expert and collaborative …


Panel 2: The Nlrb, Unions, Courts, And Democracy, Elizabeth L. Macdowell, Matthew Dimick, Charlotte Garden, Ryan Mcginley Stempel, Ann C. Mcginley, Brishen Rogers Nov 2017

Panel 2: The Nlrb, Unions, Courts, And Democracy, Elizabeth L. Macdowell, Matthew Dimick, Charlotte Garden, Ryan Mcginley Stempel, Ann C. Mcginley, Brishen Rogers

Matthew Dimick

Moderator: Elizabeth MacDowell Matthew Dimick: Unions, Employers and Social Policy Preferences Charlotte Garden: Union Made: Labor's Litigation for Broad Social Change Ryan McGinley Stempel & Ann McGinley: Facebook and Concerted Activity: A Renewal of Democracy at Work? Brishen Rogers: Passion and Reason in Labor Law


States Weigh Disclosure Of Liability Insurance Status To Clients, Lisa Radtke Bliss Nov 2017

States Weigh Disclosure Of Liability Insurance Status To Clients, Lisa Radtke Bliss

Lisa Radtke Bliss

No abstract provided.


The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor Nov 2017

The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor

Fordham Law Review

Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach is …


Terrorist Advocacy And Exceptional Circumstances, David S. Han Nov 2017

Terrorist Advocacy And Exceptional Circumstances, David S. Han

Fordham Law Review

This Article proceeds as follows. Part I discusses the harmful effects of terrorist advocacy and outlines the present doctrinal treatment of such speech. Part II discusses the issue of exceptional circumstances and highlights the two approaches courts might take to account for them: applying strict scrutiny to the case at hand or broadly reformulating the First Amendment’s doctrinal boundaries. Part III sets forth my central thesis: courts should adhere to case-by-case strict scrutiny analysis, rather than broad doctrinal reformulation, as the initial means of accounting for exceptional circumstances with respect to terrorist advocacy. This approach reflects the vital importance of …


Recalibrating Nigeria’S Whistleblowing Policy: An Urgent Plea For A Comprehensive Whistleblower Protection Legislation, Olabisi Akinkugbe Oct 2017

Recalibrating Nigeria’S Whistleblowing Policy: An Urgent Plea For A Comprehensive Whistleblower Protection Legislation, Olabisi Akinkugbe

Articles, Book Chapters, & Popular Press

This short essay draws attention to the current gap in regulatory framework for the protection of whistleblowers in Nigeria and its potential to derail any meaningful sustained and long-term success of the country’s nascent whistleblower program. The other socio-political factors that would contribute to the effectiveness of the program in Nigeria are discussed in a forthcoming article by the author.


Recalibrating Nigeria’S Whistleblowing Policy: An Urgent Plea For A Comprehensive Whistleblower Protection Legislation Oct 2017

Recalibrating Nigeria’S Whistleblowing Policy: An Urgent Plea For A Comprehensive Whistleblower Protection Legislation

Olabisi D. Akinkugbe

No abstract provided.


Group Rights: A Defense, David Ingram Sep 2017

Group Rights: A Defense, David Ingram

David Ingram

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …


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Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart Jul 2017

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.


Insurance Against Catastrophe: Government Simulation Of Insurance Markets For Catastrophic Events, Véronique Bruggeman, Michael Faure, Tobias Heldt Jul 2017

Insurance Against Catastrophe: Government Simulation Of Insurance Markets For Catastrophic Events, Véronique Bruggeman, Michael Faure, Tobias Heldt

Washington Journal of Environmental Law & Policy

As a result of climate change, technological development, and other variables, natural and technological catastrophes have increased dramatically. Moreover, due to infrastructural issues, such as building in floodplains, damages resulting from catastrophes have increased as well. The massive earthquake and tsunami that occurred in Japan on March 11, 2011 are still fresh in people's memories, providing sobering illustrations of the extensive reach of such catastrophes. After a catastrophe, which is defined for the purposes of this Article as an accident with large losses in either the number of victims or the amount of property damage, governments often intervene in the …


Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan Jul 2017

Enhanced Campaing Finance Disclosure And Recusal Rules To Offset The Influence Of Dark Money In State Supreme Court Elections, Cathy R. Silak, Emily Siess Donnellan

University of Arkansas at Little Rock Law Review

No abstract provided.


Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace Jun 2017

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

  • U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
  • U.S. Department of the Interior, Office of the Solicitor, Opinion of June 3, 1924, M-12501, M-12529 (cited …


Our Daughters' Future, Eric J. Segall, Erwin Chemerinsky Jun 2017

Our Daughters' Future, Eric J. Segall, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Lift The Blackout, Erwin Chemerinsky, Eric J. Segall Jun 2017

Lift The Blackout, Erwin Chemerinsky, Eric J. Segall

Erwin Chemerinsky

No abstract provided.


Gay Rights, Racial Prejudice, And True Equality, Eric J. Segall, Erwin Chemerinsky Jun 2017

Gay Rights, Racial Prejudice, And True Equality, Eric J. Segall, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Has The Supreme Court Lost Faith In The Courts?, Erwin Chemerinsky Jun 2017

Has The Supreme Court Lost Faith In The Courts?, Erwin Chemerinsky

Erwin Chemerinsky

For Chicago-Kent's 2013 Centennial Lecture, UC - Irvine School of Law Dean Erwin Chemerinsky posed a question: "Has the Supreme Court lost faith in the courts?" Runtime: 58:46


Knowledge Workers In The New Economy: From Cliché To Contract - The 26th Annual Kenneth M. Piper Lecture, Catherine L. Fisk, Greg W. Castle, Julia A. Clark May 2017

Knowledge Workers In The New Economy: From Cliché To Contract - The 26th Annual Kenneth M. Piper Lecture, Catherine L. Fisk, Greg W. Castle, Julia A. Clark

Catherine Fisk

Professor Catherine Fisk of University of Southern California Law School discusses how the concepts of knowledge work and the new economy have moved rapidly from novelty to cliché. New characteristics of labor markets and the business practices which they represent are yet to be established in American labor and employment law. Changes in legal doctrine and legal process, as well as the changes in business and labor institutions and practices, need to address the demands of firms and workers for fairness as well as efficiency. The widely documented shift from internal to external labor markets, the transformation of many remaining …


Only 5 Percent Of Senate Staffers Are Black. Congress Needs The ‘Rooney Rule.’ Apr 2017

Only 5 Percent Of Senate Staffers Are Black. Congress Needs The ‘Rooney Rule.’

Popular Media

"American University law professor Jeremi Duru — author of “Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL” — explained, “the whole idea of it is to prompt kind of a culture change” and further the idea that “in order to succeed and be competitive, you have to look at a deep pool of candidates.”"


Only 5 Percent Of Senate Staffers Are Black. Congress Needs The ‘Rooney Rule.’ Apr 2017

Only 5 Percent Of Senate Staffers Are Black. Congress Needs The ‘Rooney Rule.’

N. Jeremi Duru

"American University law professor Jeremi Duru — author of “Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL” — explained, “the whole idea of it is to prompt kind of a culture change” and further the idea that “in order to succeed and be competitive, you have to look at a deep pool of candidates.”"


S17rs Sgfb No. 11 (College Bowl Competition), Andrew Vaughn, Logan Duplessis Apr 2017

S17rs Sgfb No. 11 (College Bowl Competition), Andrew Vaughn, Logan Duplessis

Student Senate Enrolled Legislation

To allocate a maximum of six hundred fifteen dollars ($615.00) from the Student Government Legislative Contingency account to fund three (3) graduate members of the Food Science Club to attend the 2017 College Bowl Competition of the Institute of Food Technologies in Fayetteville, Arkansas from March 31-April 2, 2017


La Continuidad De Los Juicios Con El Nuevo Gobierno: El 2 X 1 / The Continuity Of The Judgments With The New Government: The 2 X 1, Julie Olesky Apr 2017

La Continuidad De Los Juicios Con El Nuevo Gobierno: El 2 X 1 / The Continuity Of The Judgments With The New Government: The 2 X 1, Julie Olesky

Independent Study Project (ISP) Collection

La presente investigación se enfoca en los juicios actuales a los responsablesde la última dictadura cívico-militar en Argentina y en una dilucidación en torno al respaldo o falta de apoyo hacia estos procesos por parte de la gestión del presidente Mauricio Macri. A partir de visitas a la ESMA, la asistencia a un juicio, hasta entrevistas con defensores de derechos humanos y profesores y estudiantes de sociología y derecho, se indaga acerca de la importancia y el significado de la justicia en Argentina, cómo opera la justicia, cómo se combate la impunidad, y cómo luchan los organismos de derechos humanos …


Interviewed For Curtis And Kuby On 77 Wabc Radio, Kari E. Hong Feb 2017

Interviewed For Curtis And Kuby On 77 Wabc Radio, Kari E. Hong

Kari E. Hong

No abstract provided.


The Oxford Handbook Of American Sports Law, Edmund P. Edmonds Jan 2017

The Oxford Handbook Of American Sports Law, Edmund P. Edmonds

Books

Book Chapter

Ed Edmonds, Athlete Representation, in The Oxford Handbook of American Sports Law (Michael A. McCann, ed. 2017).

The sports agent performs a critical function as an intermediary between management and athletes by handling contract negotiations, endorsements, financial planning, and other associated activities. This chapter provides a history of athlete representation beginning in the 1920s with the efforts of Christy Walsh and Charles C. Pyle through the increased role of players associations during the final third of last century. In the 1980s, professional associations and state legislatures launched efforts to regulate agent behavior as a reaction to evidence of …


Heuristic Interventions In The Study Of Intellectual Property, Jessica Silbey Jan 2017

Heuristic Interventions In The Study Of Intellectual Property, Jessica Silbey

Minnesota Law Review: Headnotes

No abstract provided.


Truth, Lies, And Power At Work, Cynthia Estlund Jan 2017

Truth, Lies, And Power At Work, Cynthia Estlund

Minnesota Law Review: Headnotes

No abstract provided.


A New Social Contract: Corporate Personality Theory And The Death Of The Firm, Stefan J. Padfield Jan 2017

A New Social Contract: Corporate Personality Theory And The Death Of The Firm, Stefan J. Padfield

Minnesota Law Review: Headnotes

No abstract provided.


Leonard Bagalwa, Leonard Bagalwa, Tsos Jan 2017

Leonard Bagalwa, Leonard Bagalwa, Tsos

TSOS Interview Gallery

Leonard was forced to join the military at the age of 17 in his home country of the Congo. A Catholic priest smuggled me out of the country and I lived in refugee camps in several different countries until 2004 when he came to the United States.

In 2005, a couple came to Leonard when he was homeless in the Provo library. They found out that he needed help and offered to let me live with them. They ended up paying my tuition for my education and I went to college for five years.

Leonard uses his experiences to teach …


Zone Of Nondeference: Chevron And Deportation For A Crime Dec 2016

Zone Of Nondeference: Chevron And Deportation For A Crime

Rebecca Sharpless

The U.S. Supreme Court lacks a jurisprudence for when courts should defer to immigration agency interpretations of civil removal statutes that involve criminal law terms or otherwise require analysis of criminal law. This Article represents a first step toward such a jurisprudence, arguing for an expansive principle of nondeference in cases involving ambiguity in the scope of crime-based removal statutes. The zone of nondeference includes not only statutes like the aggravated felony provision that have both civil and criminal application, but all removal grounds premised on a crime. The animating principles of Chevron U.S.A., Inc. v. Natural Resources Defense Council, …