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2019

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Full-Text Articles in Law

Ohio's Avoidance Of Total Maximum Daily Load And The Continued Relevance Of The Constructive Submission Doctrine, Ashley Kirk Dec 2019

Ohio's Avoidance Of Total Maximum Daily Load And The Continued Relevance Of The Constructive Submission Doctrine, Ashley Kirk

The Global Business Law Review

This Note examines several provisions of the Clean Water Act (CWA)—in particular, Total Maximum Daily Loads (TMDLs)—in the context of recent litigation over the State of Ohio’s plan to address Lake Erie water quality. It looks at the role of TMDLs in CWA implementation and explains Ohio’s response to Lake Erie water quality, asserting that Ohio’s ranking of Lake Erie as a "low priority," in conjunction with its plan to follow a non-binding international agreement, the Great Lakes Water Quality Agreement, is simply an attempt to create another CWA loophole and avoid TMDL obligations. This ...


Targeted Job Advertisements On Social Media: An Age-Old Practice In A New Suit, Joseph Nelson Jr. Dec 2019

Targeted Job Advertisements On Social Media: An Age-Old Practice In A New Suit, Joseph Nelson Jr.

The Global Business Law Review

This Note argues that an employer’s use of social media sites to "micro-target" potential job applicants is not per se unlawful under the Age Discrimination in Employment Act (ADEA). Rather, recruitment practices that target a specific age group are permissible under the ADEA when those recruitment practices are part of a broader recruitment strategy. When analyzing job advertisements on social media platforms, courts should not only consider the context of the advertisement, but also whether the advertisements are available through other resources. Such an analysis would allow employers to take advantage of the streamlined recruitment platforms available through social ...


Relationship Between Sustainable Outer Space Law And The Use Of Satellite Technology In Handling Marine Plastic Debris, Andreas Pramudianto Dec 2019

Relationship Between Sustainable Outer Space Law And The Use Of Satellite Technology In Handling Marine Plastic Debris, Andreas Pramudianto

Journal of Environmental Science and Sustainable Development

Since the discovery of plastic material, which ends up as plastic waste after use and partly enters the sea, it has become a global problem that needs serious treatment. No international agreement exists about handling marine plastic debris. By contrast, national laws have been created to plastic bags and plastic debris. Currently, the existing legal instruments, especially in outer space law, are still traditional and inadequate. A sustainable new paradigm in outer space law is needed, such as the use of satellite technology, such as the COSMOS satellite by RKA Recosmos, for global environmental issues, including the ozone layer, climate ...


Tracie F. V. Francisco D., Kourtney Benton Dec 2019

Tracie F. V. Francisco D., Kourtney Benton

Journal of Civil Law Studies

No abstract provided.


A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek Dec 2019

A Cacophony Of Speech, Law, And Persona: Battling Against The Vortex Of #Metoo In France And The U.S., Anne Wagner, Sarah Marusek

Journal of Civil Law Studies

The pervasive proliferation of rumors, through #MeToo and #BalanceTonPorc, communicates meaningful and meaningless-making processes on misconducts both in the French and U.S. con-texts. Such rumors have transformed the online practices by culti-vating both verbal and non-verbal hate speech free and/or free speech. This cacophony of speech, law, and persona has led to a debate relayed on social media platforms, exposing people to a dan-ger zone mostly based as shame, hate, fear, or even destruction, as anonymity and due process no longer prevail.


Tamar Herzog, A Short History Of European Law: The Last Two And A Half Millennia, Agustín Parise Dec 2019

Tamar Herzog, A Short History Of European Law: The Last Two And A Half Millennia, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


The Digest Online Project: A Resource To Disseminate The Legal Heritage Of Louisiana, Agustín Parise Dec 2019

The Digest Online Project: A Resource To Disseminate The Legal Heritage Of Louisiana, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


Guffey V. Lexington House, Adam Laliberte Dec 2019

Guffey V. Lexington House, Adam Laliberte

Journal of Civil Law Studies

No abstract provided.


Ledet V. Fabianmartins Construction Llc, Jeremy Carter Dec 2019

Ledet V. Fabianmartins Construction Llc, Jeremy Carter

Journal of Civil Law Studies

No abstract provided.


Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson Dec 2019

Scotland - Brexit, Boris Johnson And The Nobile Officium, Stephen Thomson

Journal of Civil Law Studies

No abstract provided.


Changes In The Legal System: A Comparative Essay Based On The Hungarian Experience, Attila Harmathy Dec 2019

Changes In The Legal System: A Comparative Essay Based On The Hungarian Experience, Attila Harmathy

Journal of Civil Law Studies

This article is an attempt to understand the development of law, more particularly the civil law, in a country under constant changes, addressing history, sociology, economics, political science, lan-guages, literature, arts, and, most importantly, civil law itself. The country’s history starts from the foundation of the Hungar-ian state in the 11th century, in the middle of Europe, trying to be independent between strong Western kingdoms and the Byzantine Empire, and creating legal rules based on Christian values. This aim was pursued under the domination of different empires: Tatar, Turk, Austrian, Russian, and German. Political history helps understand the slow ...


James R. Maxeiner, Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives, Scott J. Burnham, Markus G. Puder Dec 2019

James R. Maxeiner, Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives, Scott J. Burnham, Markus G. Puder

Journal of Civil Law Studies

No abstract provided.


Cover, Masthead & Contents Dec 2019

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Doty V. Goauto Insurance, Stephanie Wartelle Dec 2019

Doty V. Goauto Insurance, Stephanie Wartelle

Journal of Civil Law Studies

No abstract provided.


Yaëll Emerich, Conceptualising Property Law: Integrating Common Law And Civil Law Traditions, John A. Lovett Dec 2019

Yaëll Emerich, Conceptualising Property Law: Integrating Common Law And Civil Law Traditions, John A. Lovett

Journal of Civil Law Studies

No abstract provided.


Vekic V. Popich, George Day Dec 2019

Vekic V. Popich, George Day

Journal of Civil Law Studies

No abstract provided.


Fashion Plantation Estates Prop. Owners Ass'n V. Sims, Lindsay Rich Dec 2019

Fashion Plantation Estates Prop. Owners Ass'n V. Sims, Lindsay Rich

Journal of Civil Law Studies

No abstract provided.


Complete V.12 No.2 Dec 2019

Complete V.12 No.2

Journal of Civil Law Studies

No abstract provided.


Kamala Harris And The Complexity Of Racial Identity Politics, Vinay Harpalani Dec 2019

Kamala Harris And The Complexity Of Racial Identity Politics, Vinay Harpalani

Faculty Scholarship

Vinay Harpalani reviews Kamala Harris' run as Democratic nominee for President, contrasting her challenges with Barak Obama's campaign to show how racial identity politics are complicated and constantly evolving as well as the intersectional, or multifaceted, issues Kamala faced during her candidacy.


How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding Dec 2019

How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding

Brooklyn Journal of International Law

This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological ...


Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam Dec 2019

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing ...


Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino Dec 2019

Kicking The Law: The Effects Of Fifa Regulations On A World Cup Host Country’S Legislative Process In Regards To Intellectual Property Protection, Nicole-Amanda Brandofino

Brooklyn Journal of International Law

Brand protection is highly sought after by large organizations that seek to monetize valuable intellectual property. At the international level, treaties such as the TRIPS Agreement allow for protection amongst signatory nations. As a leader in the international sports field, FIFA has capitalized on its well-known brand throughout the world through the selling of merchandise and licensing to influential third parties. With the occurrence of the World Cup every four years, FIFA strives to uphold the high revenue it earns through its wide intellectual property portfolio. As the World Cup host country prepares for the tournament, it must abide by ...


Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno Dec 2019

Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno

Brooklyn Journal of International Law

As incidences of overweight and obese populations continue to increase around the world, countries are looking for ways to decrease the prevalence of this epidemic. Soda and SSB taxes have increased in prevalence as countries seek to address the health problems associated with consumption of soda and other sugary beverages. This Note explores the implementation of these taxes in Mexico, Europe, and the United States. In analyzing these taxes, this Note seeks to gain a greater understanding of whether these taxes have impacted overweight and obesity rates in the countries and municipalities that have enacted them. This Note argues that ...


Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka Dec 2019

Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka

Brooklyn Journal of International Law

The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that ...


Symposium Introduction, William D. Araiza, Joel M. Gora Dec 2019

Symposium Introduction, William D. Araiza, Joel M. Gora

Brooklyn Law Review

On April 12, 2019, scholars gathered at Brooklyn Law School to consider the past, the present, and the future of free speech, and concerns about incitement that militate toward suppression. The speakers provided incisive and timely insight on these important matters—insight that is reflected in the papers published in this symposium issue of the Brooklyn Law Review. This introduction provides an overview of this symposium issue and the questions presented by each article.


The First Amendment And The Imminence Of Harm, Floyd Abrams Dec 2019

The First Amendment And The Imminence Of Harm, Floyd Abrams

Brooklyn Law Review

Noted First Amendment litigator Floyd Abrams engages questions about the past, the present and the future of free speech directly by considering the key words from Justice Holmes’s canonical formulation for the constitutional standard governing regulation of incitement speech—the requirement that any danger justifying such speech regulation must be “clear and present.” Mr. Abrams asks what types of “danger” are sufficiently “present” to provide that justification, using as examples the Communist teachings at issue in Dennis v. United States and The Progressive magazine’s publication of plans for constructing a hydrogen bomb. While Mr. Abrams reaches no hard ...


In Defense Of Brandenburg: The Aclu And Incitement Doctrine In 1919, 1969, And 2019, Emerson J. Sykes Dec 2019

In Defense Of Brandenburg: The Aclu And Incitement Doctrine In 1919, 1969, And 2019, Emerson J. Sykes

Brooklyn Law Review

In the United States, full-throated advocacy—even advocacy of violence—is protected by the First Amendment of the Constitution. Few other countries define “incitement to violence” as narrowly, and governments tend to exploit any authority to regulate speech. The ACLU has played a central role in developing America’s speech-protective modern incitement doctrine over the last century, sometimes by representing clients with abhorrent views, including in the landmark Brandenburg v. Ohio. The Brandenburg test sets a high bar for incitement that should be maintained, even with respect to online speech. Calls for increased regulation of speech should not be heeded.


Words We Fear: Burning Tweets & The Politics Of Incitement, Rachel E. Vanlandingham Dec 2019

Words We Fear: Burning Tweets & The Politics Of Incitement, Rachel E. Vanlandingham

Brooklyn Law Review

The United States government has long wrestled with the link between speech and violence, periodically employing speculative claims of potential violence and law-breaking to suppress political speech in times of national insecurity. By the late 1960s, however, the Supreme Court fully operationalized the First Amendment’s premise that most government speech suppression is antithetical to self-government, individual autonomy, equality, and liberty. The Court therefore, required immediacy of potential violence before the government could punish speech advocating such illegality, but left private actors free to censor and suppress speech. Today, social media companies, at the behest of the government, are doing ...


Brandenburg And Terrorism In The Digital Age, David S. Han Dec 2019

Brandenburg And Terrorism In The Digital Age, David S. Han

Brooklyn Law Review

This essay explores the tension between the longstanding Brandenburg standard and the current technological context—one in which abstract advocacy of terrorist conduct, widely and cheaply disseminated through the internet and channeled through social media, has contributed to a number of devastating attacks such as the Orlando nightclub shooting, the Boston marathon bombings, and the shootings in San Bernardino. It does so through the lens of the Supreme Court’s recent decision in Carpenter v. United States—a Fourth Amendment case that similarly dealt with the collision between the longstanding constitutional righThis essay explores the tension between the longstanding Brandenburg ...


Assumptions About “Terrorism” And The Brandenburg Incitement Test, Christina E. Wells Dec 2019

Assumptions About “Terrorism” And The Brandenburg Incitement Test, Christina E. Wells

Brooklyn Law Review

The incitement standard announced in Brandenburg v. Ohio, which bars government officials from punishing advocacy of illegal activity unless it is directed and likely to imminently incite such activity, is one of the most speech-protective tests in the Supreme Court’s jurisprudence. However, terrorist advocacy – glorification of violence, spreading of propaganda, and recruitment of individuals to their cause – is putting pressure on the Brandenburg standard. Scholars have suggested working around Brandenburg’s incitement standard to counter the dangerous influence of terrorist advocacy, especially online advocacy. Although scholars’ concern with the harms of terrorism is understandable, their willingness to alter Brandenburg ...