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2018

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Articles 1 - 30 of 10128

Full-Text Articles in Law

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma Dec 2018

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply ...


Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts Dec 2018

Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts

NULR Online

No abstract provided.


Cover Dec 2018

Cover

Journal of Digital Forensics, Security and Law

No abstract provided.


Front Matter Dec 2018

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2018

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot Dec 2018

Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot

Journal of Digital Forensics, Security and Law

This paper is designed to expose vulnerabilities within the US electoral system, the use of cyberspace to exploit weaknesses within the information assurance strategies of the democratic and republican party organizations, and deficiencies within the social media communications and voting machine exploits. A brief history of discriminatory practices in voting rights and voting access will be set as the foundation for the argument that the system is vulnerable in the cyber age, and the need for reform at the local, state and national levels will be emphasized. The possibility of a foreign nation-state influencing the outcome of an election by ...


Back Matter Dec 2018

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Forensic Analysis Of A Crash-Damaged Cheerson Cx-20 Auto Pathfinder Drone, Ian N. Mcateer, Peter Hannay, Muhammad I. Malik, Zubair Baig Dec 2018

Forensic Analysis Of A Crash-Damaged Cheerson Cx-20 Auto Pathfinder Drone, Ian N. Mcateer, Peter Hannay, Muhammad I. Malik, Zubair Baig

Journal of Digital Forensics, Security and Law

Long gone are the days when Unmanned Aerial Vehicles (UAVs) and drones (multirotor UAVs) were the exclusive domain of the military for surveillance or tactical strike purposes. For relatively little money mainly due to high-tech progression in microprocessor design, anyone can now purchase a drone with GNSS-tracking capabilities and can support a live high-resolution video feed to its flight controller. The global population of drones has sky- rocketed in recent years as this new technology has been embraced for both its recreational and commercial applications. However, the more nefarious members of society have also recognized the potential for using drones ...


Situational Irony? How Implementing A Medicaid Block Grant Will Exacerbate Everything It Purports To Fix, Brent Miller Dec 2018

Situational Irony? How Implementing A Medicaid Block Grant Will Exacerbate Everything It Purports To Fix, Brent Miller

BYU Law Review

No abstract provided.


2018-2019 Byu Law Review Masthead Dec 2018

2018-2019 Byu Law Review Masthead

BYU Law Review

No abstract provided.


Byu Law School Faculty Listing Dec 2018

Byu Law School Faculty Listing

BYU Law Review

No abstract provided.


Table Of Contents Dec 2018

Table Of Contents

BYU Law Review

No abstract provided.


Courts As Information Intermediaries: A Case Study Of Sovereign Debt Disputes, Sadie Blanchard Dec 2018

Courts As Information Intermediaries: A Case Study Of Sovereign Debt Disputes, Sadie Blanchard

BYU Law Review

When foreign sovereigns default on their debt, creditors sometimes sue them. These creditors are sophisticated actors, and they know that if they sue, courts can do little to force a sovereign to satisfy a judgment. Why do they sue? This Article argues that these creditors sue because they use litigation to produce information about the debtor state or its government that induces third parties to sanction or refuse to deal with the state or the government. The ability to produce such information strengthens the litigating creditors’ bargaining position in settlement negotiations. Courts thus serve as information intermediaries that strengthen reputational ...


Optimal Deterrence And The Preference Gap, Brook Gotberg Dec 2018

Optimal Deterrence And The Preference Gap, Brook Gotberg

BYU Law Review

It is generally understood that the way to discourage particular behavior in individuals is to punish that behavior, on the theory that rational individuals seek to avoid punishment. Laws aimed at deterring behavior operate on the assumption that increasing the likelihood of punishment, the severity of punishment, or both, will decrease the behavior. The success of these laws is evaluated by how much the targeted behavior decreases. The law of preferential transfers—which punishes creditors who have been paid prior to a bankruptcy filing at the expense of other, unpaid creditors—has been defended on the grounds that it deters ...


Does Enforcement Reduce Voluntary Tax Compliance?, Leandra Lederman Dec 2018

Does Enforcement Reduce Voluntary Tax Compliance?, Leandra Lederman

BYU Law Review

Governments generally use enforcement methods, such as audits and the imposition of penalties, to deter noncompliance with tax laws. Although this approach is consistent with most economic modeling of tax compliance, some scholars caution that enforcement may backfire, “crowding out” taxpayers’ intrinsic motivations to pay taxes to such an extent that they reduce their tax payments. This Article analyzes the existing evidence to determine if this occurs. In fact, field studies suggest that enforcement tools, such as audits, are very effective deterrents. A few recent studies have found that audits have a negative effect on the subsequent tax payments of ...


Semantic Originalism, Moral Kinds, And The Meaning Of The Constitution, Ash Mcmurray Dec 2018

Semantic Originalism, Moral Kinds, And The Meaning Of The Constitution, Ash Mcmurray

BYU Law Review

No abstract provided.


Table Of Contents Dec 2018

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen Dec 2018

Employment Prospects Of International Students In The U.S. And Canada: Socio-Political Implications For Colleges And Universities, Taiwo O. Soetan, David Hoa K. Nguyen

Journal of Curriculum, Teaching, Learning and Leadership in Education

While the increase of the international student population has been a significant issue on a global scale, it is rarely discussed in the context of two border countries in North America – the U.S. and Canada. In addition, attention to skilled migration as a policy preference has increased among governments in an effort to address labor market gaps arising from economic shifts and structural aging. Governments invent a list of desirable characteristics in international students, such as education, age, language, and work experience, that allows them to be able to apply for employment after graduation. Countries like Canada and Australia ...


Requiring Human Papilloma Virus Vaccination For School Entry, Michelle J. Bayefsky, Lawrence O. Gostin Dec 2018

Requiring Human Papilloma Virus Vaccination For School Entry, Michelle J. Bayefsky, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Over 40,000 Americans are diagnosed as having HPV-associated cancer each year, including oropharyngeal cancer for men and cervical cancer for women. These diseases cause significant morbidity and mortality and are largely preventable if people are vaccinated against HPV before they are exposed to the virus. Unfortunately, despite strong evidence of safety and effectiveness of the HPV vaccine, vaccination rates have been disappointingly low – much lower than for the varicella, measles, mumps, rubella, and hepatitis B. The disparity in vaccination rates stem mainly from the fact that HPV vaccination is not universally required for school entry, while the other childhood ...


State Capture, Corporate Ownership Structure, And Institutional Reform Issues In Ethiopia- Abstract.Docx, Seid Y. Hassan Dec 2018

State Capture, Corporate Ownership Structure, And Institutional Reform Issues In Ethiopia- Abstract.Docx, Seid Y. Hassan

Seid Hassan

State capture, corporate ownership structure, and institutional reform issues in Ethiopia[1]
(Working paper, incomplete)
Seid Hassan and Minga Negash[2]
Abstract: Examining the ownership structure and the methods of financing of companies provide important insights for the understanding of the type of institutional reforms in a given socio-economic environment. Much of the literature on corporate accountability in developing economies extends the legal and regulatory reforms done in richer nations and on codes provided by organized professions that in turn rely on virtue-centered ethics. More recently, the capture theory of regulation has been revisited by a number of researchers to ...


In Re: Estate Of Sarge 134 Nev. Adv. Op. 105 (Dec. 27, 2018), Kaila Patrick Dec 2018

In Re: Estate Of Sarge 134 Nev. Adv. Op. 105 (Dec. 27, 2018), Kaila Patrick

Nevada Supreme Court Summaries

The Court overruled the consolidation rule established in Malin v. Farmers Insurance Exchange and held that a final order resolving a consolidated case is immediately appealable as a final judgment, even if the other constituent cases or other cases are still pending. Accordingly, the Court held that the appeal at issue may proceed because the challenged order finally resolved one of multiple consolidated cases.


Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont Dec 2018

Cooper V. State, 134 Nev. Adv. Op. 104 (Dec. 27, 2018), Christi Dupont

Nevada Supreme Court Summaries

The Court determined that removing a potential juror on the basis of race is a violation of the Equal Protection Clause and held that the district court erred when it did not find a prima facie showing of race-based discrimination during the jury selection process.


Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen Dec 2018

Branch Banking & Tr. Co. V. Gerrard, Esq., 134 Nev. Adv. Op. 106 (Dec. 27, 2018), Katrina Brandhagen

Nevada Supreme Court Summaries

No abstract provided.


Harris V. State, 134 Nev. Adv. Op. 107 (Dec. 27, 2018) (En Banc), Yilmaz Turkeri Dec 2018

Harris V. State, 134 Nev. Adv. Op. 107 (Dec. 27, 2018) (En Banc), Yilmaz Turkeri

Nevada Supreme Court Summaries

The Court considered whether the admission of gruesome photographs showing the disfigured bodies of the victims following their deaths and the subsequent autopsies amounted to an abuse of the district court’s discretion. The Court concluded that admission of these photographs was an abuse of the district court’s discretion.


Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian Dec 2018

Capanna, M.D. V. Orth, 134 Nev. Adv. Op. 108 (Dec. 27, 2018) (En Banc), Pengxiang Tian

Nevada Supreme Court Summaries

The Court determined that Orth’s counsel violated the golden rule arguments, but opposing party’s substantial rights were not violated. Moreover, the district court’s ruling regarding plaintiff expert’s potential biases did not impose severe limitations on Capanna’s ability to fully cross-examine plaintiff’s expert. Further, the district court did not abuse its discretion when it allowed Orth to supplement expert witness list and the award of attorney fees and costs was within the discretion of the district court. Lastly, Orth lacks standing in challenging the district court’s decision.


Gonor V. Dale, 134 Nev. Adv. Op. 109 (Dec. 27, 2018) (En Banc), Esteban Hernandez Dec 2018

Gonor V. Dale, 134 Nev. Adv. Op. 109 (Dec. 27, 2018) (En Banc), Esteban Hernandez

Nevada Supreme Court Summaries

The Court found that the 90-day period in which a deceased party’s successor or representative must seek to substitute for the deceased plaintiff begins when a party files a suggestion of death on the record, not on the actual date of death. But, because appellants failed to identify the proper party to maintain the survival action within 90 days, the Court affirmed the district court’s dismissal of the suit with prejudice.


Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi Dec 2018

Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi

International Journal of Religious Tourism and Pilgrimage

This paper attempts to shed the light on challenging issues affecting travel and tourism industry especially in the Middle East such as political, socio-economic and security instability. Due to its geopolitical and historical importance, the paper focuses on the situation in Egypt as a descriptive case study. The methodology relies on historical review and impact assessment to understand the roots and extended branches of instability in the Middle East that led to the Arab Spring, by focusing on the Egyptian case in the last half century. The assessment explains the negative effect of Western and Egyptian policy on extending the ...


Uganda Invest In Foreign Markets: Uganda As A Case Study, Morgan T. Lynch Dec 2018

Uganda Invest In Foreign Markets: Uganda As A Case Study, Morgan T. Lynch

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Promised Land Is On The Horizon: The Fix Crowdfunding Act Will Implement Small Changes That Could Make A Big Impact On Investors And Businesses Alike, Michaela Smith Dec 2018

The Promised Land Is On The Horizon: The Fix Crowdfunding Act Will Implement Small Changes That Could Make A Big Impact On Investors And Businesses Alike, Michaela Smith

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Trends In Fashion Law: Striking The Proper Balance Between Protecting The Art Form And Sustaining A Thriving Online Market, Elisabeth Johnson Dec 2018

Trends In Fashion Law: Striking The Proper Balance Between Protecting The Art Form And Sustaining A Thriving Online Market, Elisabeth Johnson

The Journal of Business, Entrepreneurship & the Law

No abstract provided.