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2019

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Articles 1 - 30 of 11626

Full-Text Articles in Law

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.


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.


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

Tracie F. V. Francisco D., Kourtney Benton

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.


Doty V. Goauto Insurance, Stephanie Wartelle Dec 2019

Doty V. Goauto Insurance, Stephanie Wartelle

Journal of Civil Law Studies

No abstract provided.


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 ...


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 ...


Front Matter Dec 2019

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


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 ...


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.


Vekic V. Popich, George Day Dec 2019

Vekic V. Popich, George Day

Journal of Civil Law Studies

No abstract provided.


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.


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.


Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu Dec 2019

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog ...


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 ...


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 ...


#Losingthethread: Recognizing Assembly Rights In The New Public Forum, Liz Grefrath Dec 2019

#Losingthethread: Recognizing Assembly Rights In The New Public Forum, Liz Grefrath

Brooklyn Law Review

The specter of banishment from the vibrant public forum of social media to the empty streets and deserted sidewalks is a matter of increasing political, social, and cultural importance. Today, nearly every government official maintains a social media presence on Facebook or Twitter, generally to promote initiatives, share ideological positions, engage constituents, and tangle with critics. Privacy controls and content moderation tools, however, offer government officials tantalizing opportunities to discretely and effectively muffle disapproval, stifle dissent, and shield themselves from criticism on their public social media pages through “blocking” features. Courts are just starting to grapple with the First Amendment ...


Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq. Dec 2019

Florida’S Domestic Violence Injunction: How Our Past Shapes Our Future, Bryan M. Truyol Esq.

Child and Family Law Journal

No abstract provided.


The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi Dec 2019

The Effects Of Forcible Separation And The Ramifications Involved In Using Genetic Testing To Reunite Immigrants At The Border, Thameshwarie Ghamandi

Child and Family Law Journal

No abstract provided.


Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq. Dec 2019

Protecting The Millennial Generation: Beyond The Scope Of The Internet, Alexandria Vasquez Esq.

Child and Family Law Journal

No abstract provided.


The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger Dec 2019

The Clone Wars: The Right To Embryonic Gene Editing Under German Law, Keren Goldberger

Brooklyn Journal of International Law

Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should ...


Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina Dec 2019

Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina

Brooklyn Journal of International Law

Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader ...