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2018

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Articles 14431 - 14460 of 14463

Full-Text Articles in Law

Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson Dec 2017

Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson

Kari L. Aamot Johnson

No abstract provided.

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Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn Dec 2017

Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn

Sara Slinn

Labour legislation regulating Canada’s private sector has incorporated forms of broaderbased or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process later …

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Law And Campus Violence, Darby Dickerson Dec 2017

Law And Campus Violence, Darby Dickerson

Darby Dickerson

No abstract provided.

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Dickinson Law's Contexts & Competencies Course: A "One-Pager" For Nalp, Laurel S. Terry Dec 2017

Dickinson Law's Contexts & Competencies Course: A "One-Pager" For Nalp, Laurel S. Terry

Laurel S. Terry

This one-page handout was distributed at the NALP (National Association of Law Placement) 2018 Annual Education Conference. This Handout supplemented the slides about Penn State Dickinson Law's required first year course called "Practicing Law in a Global World: Contexts & Competencies" that were part of 2018 NALP education session entitled "Preparing Students to Practice: Cutting Edge Professional Development Curriculums." (The program was moderated by Kate McBride from Notre Dame; speakers included Elisabeth Beal, Assistant Dean, Office of Career Services from William & Mary Law School; Amy Hancock, former Director of Professional Development at Andrews Kurth LLP; and Allison Regan, Assistant …

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Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan Dec 2017

Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan

Donald J. Kochan

This symposium essay uses the popular game Pokémon Go as a case study for evaluating conflicts that arise when augmented reality is layered over the real property of non-consenting owners. It focuses on the challenges augmented reality technologies pose to the meaning and enforcement of formal and informal trespass norms, first examining physical trespass issues (and enforcement difficulties) associated with game players who sometimes break physical property boundaries.

The essay then undertakes a thought experiment regarding possible recognition of a new, different type of trespass—one to augmented space. Pollock and Maitland called trespass the “fertile mother of all actions,” often …

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Public Lands: Pride, Place, Proximity & Power, Donald J. Kochan Dec 2017

Public Lands: Pride, Place, Proximity & Power, Donald J. Kochan

Donald J. Kochan

Where to place power regarding the ownership and management of public lands is a matter of longstanding debate, yet has been energized to a new degree with the advent of the Trump Administration. This essay does not seek to resolve complicated and intense matters within this debate nor propose any specific, best solutions to competing claims for proper placement of power. What this Essay does aim to do is explain some of the key metrics that should not be missed in the debates. These are metrics which could be advanced to support greater decentralization of power over public lands and …

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The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles Dec 2017

The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports, including case studies from Australia, Canada, and the United States regarding legal profession preparation for …

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Reasoning Through Clashes Between Religion And Equality: Case Law, Skeptics, And Social Coherence, Michael A. Helfand Dec 2017

Reasoning Through Clashes Between Religion And Equality: Case Law, Skeptics, And Social Coherence, Michael A. Helfand

Michael A Helfand

A review of Nelson Tebbe's new book, Religious Freedom in An Egalitarian Age (Harvard University Press, 2017). Forthcoming 2018.

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When Judges Are Theologians: Adjudicating Religious Questions, Michael A. Helfand Dec 2017

When Judges Are Theologians: Adjudicating Religious Questions, Michael A. Helfand

Michael A Helfand

In this chapter, I explore how judges—and, more generally, U.S. courts—deal with legal disputes when they must consider not only laws and facts, but also religion, or maybe even more precisely, theology. Indeed, in a wide range of circumstances, judges are confronted with cases where the outcome in some way or another requires them to issue a decision that is predicated, to varying to degrees, on a theological question upon which there is some debate. While in American law the ostensibly simple answer to this question is simply that the Constitution prohibits courts from adjudicating religious questions, the reality is …

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The Future Of Religious Arbitration In The United States: Looking Through A Pluralist Lens, Michael A. Helfand Dec 2017

The Future Of Religious Arbitration In The United States: Looking Through A Pluralist Lens, Michael A. Helfand

Michael A Helfand

In recent years, religious arbitration has received increasing attention both in the American press and academy. For some, this attention is driven by concern that state enforcement of decisions issued by religious tribunals has the power to undermine the objectives of the U.S. legal system. For others, it is driven by a recognition that religious arbitration enables communities to enhance their process of dispute resolution by ensuring that it comports with shared religious principles and values. And, as is often the case, both perspectives contain important elements of truth. As a paradigmatic legal plurality institution, religious arbitration has the capacity …

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Implied Consent To Religious Institutions: A Primer And A Defense, Michael A. Helfand Dec 2017

Implied Consent To Religious Institutions: A Primer And A Defense, Michael A. Helfand

Michael A Helfand

One of the recent fault lines over religious liberty is the scope of protections afforded religiously motivated institutions and corporations. Courts and scholars all seem to agree that such religious institutions deserve some degree of protection. But there remains significant debate over the principles that should guide judicial decisions addressing the circumstances in which religiously motivated institutions should, and in which circumstances they should not, receive the law’s protection.

In this Article, I expound, and defend, my proposed “implied consent” framework for addressing religious institutional claims. Such a framework grounds the authority of religious institutions not in a degree of …

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Defining “Home” Through Homestead Laws,, Hannah Haksgaard Dec 2017

Defining “Home” Through Homestead Laws,, Hannah Haksgaard

Hannah Haksgaard

No abstract provided.

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Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Hannah Haksgaard Dec 2017

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Hannah Haksgaard

Hannah Haksgaard

No abstract provided.

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Joint Dedication To Justice Lori S. Wilbur, Neil Fulton Dec 2017

Joint Dedication To Justice Lori S. Wilbur, Neil Fulton

Neil Fulton

No abstract provided.

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Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais Dec 2017

Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais

Daniel J Gervais

This article offers a normative analysis of key blockchain technology concepts from the
perspective of copyright law. Some features of blockchain technologies—scarcity, trust,
transparency, decentralized public records and smart contracts—seem to make this
technology compatible with the fundamentals of copyright. Authors can publish works
on blockchain creating a quasi-immutable record of initial ownership, and encode
‘smart’ contracts to license the use of works. Remuneration may happen on online distribution
platforms where the smart contracts reside. In theory, such an automated
setup allows for the private ordering of copyright. Blockchain technology, like Digital
Rights Management 20 years ago, is thus presented …

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Submission In Response To Government Of India, Ministry Of Commerce, Circular No.Cg/Circular/2018/114 On Working Of Patents, Srividhya Ragavan Dec 2017

Submission In Response To Government Of India, Ministry Of Commerce, Circular No.Cg/Circular/2018/114 On Working Of Patents, Srividhya Ragavan

Srividhya Ragavan

The petition was filed as a public interest litigation (PIL) before the Delhi High Court by Prof. Shamnad Basheer in 2015. Triggering point was dismal compliance with S.146 (r/w Rule 131) for submitting periodic working information pertaining to granted patents. Non-compliance data was released by Patent office itself in a report published on its website. Petition seeks relief in the form of directions to Patent office to take action against errant patentees and reconsideration by the government of Form 27 in its current format, among other reliefs

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"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith Dec 2017

"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith

Shyam K. Sriram (ssriram@butler.edu)

No abstract provided.

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Sexual Orientation And Gender Identity Discrimination, Holning Lau Dec 2017

Sexual Orientation And Gender Identity Discrimination, Holning Lau

Holning Lau

Laws concerning sexual orientation and gender identity (SOGI) have undergone a sea change. Still, legal protections against SOGI discrimination vary widely around the world. As jurisdictions wrestle with whether and how to protect people against SOGI discrimination, several conceptual questions emerge. This Brill volume reviews and discusses legal developments and scholarly commentary concerning these questions. Specifically, this volume examines the following five questions: (1) Is SOGI discrimination encompassed by existing laws prohibiting discrimination based on sex? (2) Should sexual orientation and gender identity be considered protected categories in and of themselves? (3) Is there a standard sequence of steps for …

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From Loving To Obergefell: Elevating The Significance Of Discriminatory Effects, Holning Lau Dec 2017

From Loving To Obergefell: Elevating The Significance Of Discriminatory Effects, Holning Lau

Holning Lau

Loving v. Virginia and Obergefell v. Hodges are both landmark Supreme Court cases that advanced marriage equality. In Obergefell, the Court invalidated bans on same-sex marriage by building upon precedent it set nearly five decades earlier in Loving, which declared antimiscegenation laws unconstitutional. Indeed, commentators often describe Loving as an important precursor to Obergefell. Yet Obergefell’s reasoning deviated from that of Loving. The differences between the two cases are all too often overlooked. This Essay thus seeks to address this blind spot by drawing attention to a critical distinction: Loving and Obergefell differ in their …

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Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania Dec 2017

Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania

Tejas N. Narechania

The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case?

The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather than consider whether …

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Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova Dec 2017

Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova

Vladislava Stoyanova


Chowdury and Others v Greece reveals the exploitation that migrant workers suffer at agricultural farms for production of strawberries whose sweet taste many of us enjoy. Greece was found in violation of Article 4 of the ECHR (the right not to be subjected to forced labour and human trafficking) for its failure to protect the migrants from the exploitation and to conduct effective investigation. The judgment will be laurelled as an important achievement in favour of the rights of undocumented migrant workers to fair working conditions. It sheds light on the application of the definition of forced labour to labour …

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Book Review, Colin T Reid And Walters Nsoh, The Privatisation Of Biodiversity? New Approaches To Conservation Law, New Horizons In Environmental And Energy Law (Cheltenham, Uk: Edward Elgar Publishing, 2016), Sara L. Seck Dec 2017

Book Review, Colin T Reid And Walters Nsoh, The Privatisation Of Biodiversity? New Approaches To Conservation Law, New Horizons In Environmental And Energy Law (Cheltenham, Uk: Edward Elgar Publishing, 2016), Sara L. Seck

Sara L. Seck

No abstract provided.

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Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh Dec 2017

Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.

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Socially Responsible Corporate Ip, Janewa Osei Tutu Dec 2017

Socially Responsible Corporate Ip, Janewa Osei Tutu

J. Janewa Osei-Tutu

Many companies practice corporate social responsibility (CSR) as part of their branding and public relations efforts. For example, as part of their CSR strategies, some companies adopt voluntary codes of conduct in an effort to respect human rights. This Article contemplates the application of CSR principles to trade-related intellectual property (IP). In theory, patent and copyright laws promote progress and innovation, which is why IP rights are beneficial for both IP owners and for the public. Trademark rights encourage businesses to maintain certain standards and allow consumers to make more efficient choices. Though IP rights are often discussed in relation …

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The International Legal Framework For Climate Engineering, Jesse Reynolds Dec 2017

The International Legal Framework For Climate Engineering, Jesse Reynolds

Jesse Reynolds

Several of the key, recurring questions which loom over climate engineering concern how countries would interact when some of them undertake or approve actions which might impact other countries. This chapter describes some international law which is applicable to climate engineering, with a focus on international environmental law. It closes with a brief synthesis and some recommendations for future developments. First, though, it introduces international law, and suggests why climate engineering is such a challenge for international environmental law and its scholars.

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Why The Unfccc And Cbd Should Refrain From Regulating Solar Climate Engineering Dec 2017

Why The Unfccc And Cbd Should Refrain From Regulating Solar Climate Engineering

Jesse Reynolds

Many scholars argue that the international regulation of solar climate engineering should be developed within those existing legal institutions that have (near-) universal participation--such as those of the UNFCCC or the CBD--and often toward binding rules. I believe that it would be counterproductive, at least for the foreseeable future. It is presently not a relatively productive endeavour to dwell on how states might collectively govern technologies which do not yet exist; whose forms, benefits, risks, costs, and reversibilities remain unknown; and under what circumstances and for what purposes they might be used are likewise still indefinite. We should conceptualize the …

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Insuring Against Cyber Risk: The Evolution Of An Industry (Introduction), Christopher French Dec 2017

Insuring Against Cyber Risk: The Evolution Of An Industry (Introduction), Christopher French

Christopher C. French

Cyber risks are the newest risks of the 21st century. The breadth and cost of cyber attacks are astonishing. Worldwide damages caused by cyber attack are predicted to reach $6 trillion by 2021. Between 2015 and 2017, ransomware damages alone increased from $325 million to approximately $5 billion. In 2017, WannaCry ransomware shut down over 300,000 computer systems across 150 countries.

On April 13, 2018, the Penn State Law Review held a symposium to discuss the evolution of cyber risks and cyber insurance. The symposium was comprised of an eclectic group of legal practitioners and scholars who presented four articles. …

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The Disjunctive Structure Of Positive Rights Under The European Convention On Human Rights, Vladislava Stoyanova Dec 2017

The Disjunctive Structure Of Positive Rights Under The European Convention On Human Rights, Vladislava Stoyanova

Vladislava Stoyanova

The European Court of Human Rights (ECtHR or the Court) has consistently reiterated that states have discretion regarding what means to use to fulfill their positive obligations under the ECHR. Given the ‘wide range of possible measures’ that could be taken to ensure compliance with positive rights, these rights have a disjunctive structure, since an omission has no definitive counterpart. This article examines how the ECtHR deals with the disjunctive structure of positive rights and how it addresses alternative protective measures that could have been extended. In order to identify the main points of contention, I first draw on legal-theoretical …

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Public Law Norms For “Governance-By-Design”, Kenneth A. Bamberger, Deirdre Mulligan Dec 2017

Public Law Norms For “Governance-By-Design”, Kenneth A. Bamberger, Deirdre Mulligan

Kenneth A. Bamberger

No abstract provided.

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Aba Learning Outcomes Compliance And The Real Estate Course Trajectory – Reflections Of An Outgoing Associate Dean, Daniel B. Bogart Dec 2017

Aba Learning Outcomes Compliance And The Real Estate Course Trajectory – Reflections Of An Outgoing Associate Dean, Daniel B. Bogart

Daniel B. Bogart

No abstract provided.

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