Law Commons^™

The Information Era Threatens Privacy: A Comparative Study Of Electronic Money’S Privacy Policies And Privacy Laws, Guanru Liu

GUANRU LIU

This thesis consists of an analysis of electronic money (e-money), e-money’s privacy policies and relevant privacy laws. The value of information and the development of technology enhance the risk of privacy violations in the information era. Consumer privacy interests with respect to e-money are governed in part by the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada and by the European Union’s Data Protection Directive. The analysis is directed at whether the privacy policies of three kinds of e-money – Octopus Card, PayPal and MasterCard – comply with the spirit and letter of these laws. In light of …

Missouri's Innocent Citizens: An Examination Of Missouri's Response To Domestic Violence Incidents Against Children And Teens, Keith P. Freie

Keith P Freie

In 2010 the Missouri Attorney’s General’s Office created a Domestic Violence Task Force for the purpose of analyzing Missouri’s Domestic Violence laws. In 2011, the Missouri General Assembly enacted Senate Bill 320 which included several changes to Missouri’s domestic violence laws stemming from several recommendations from the Attorney General’s Task Force. While Missouri’s 2011 domestic violence law is a comprehensive solution to the many unaddressed needs of child and teen domestic violence victims, additional solutions need to be considered to fully address the problem. Those solutions may include creating special domestic violence and child abuse courts and creating educational programs …

"Because That's Where The Money Is": A Theory Of Corporate Legal Compliance, William Bradford

william bradford

Upon his capture in 1934, the legendary bank robber Willie Sutton was asked by FBI agents, Why do you rob banks, Willie? Sutton, who believed the question to be rhetorical, replied, dryly, Because that's where the money is. In other words, Sutton understood his interrogator to be inquiring as to why he robbed banks rather than, say, homes, or gas stations, or church offering plates. Had he understood the query as intended - i.e., what was it about Willie Sutton the impelled Willie Sutton to crime when many others, struggling to survive the Great Depression, were not? - Sutton could …

Preliminary Examination Reform: In Fairness We Trust, Or A Waste Of Time And Resources?, Lewis Langham Mr.

Lewis Langham Mr.

Fairness in our criminal justice system is at the core of our value system in this country. We must, however, remain vigilant in protecting our system of justice and fair play by keeping the necessary safeguards and constitutional protections in place for those accused of criminal wrongdoing.

This article examines one area within our criminal justice system at the felony preliminary examination phase, where legislation had been introduced to scale back or eliminate a criminal defendant’s right to a preliminary examination. In essence, the criminal case would proceed to trial without a lower court’s review of the prosecutor’s charging document. …

Holding Credit Reporting Agencies Accountable:How The Financial Crisis May Be Contributing To Improving Accuracy In Credit Reporting, David D. Schein, James D. Phillips

David D. Schein

The ongoing financial crisis has increased the emphasis on consumers’ credit reports. The significance of credit scores has become a focus for many consumers due to the end of easy credit that began in late 2007. Credit scores are used for mortgages, car loans, credit cards, and other consumer credit, insurance, and employment. The cost of a poor credit score, if credit is offered at all, can be devastatingly significant. The impact of credit reports on credit scores justifies an examination of the legal exposure for the providers of those credit reports—the credit reporting agencies (CRAs). This article examines the …

The First Amendment In The Multicultural Climate Of Colleges And Universities: A Story Ending With Christian Legal Society V. Martinez, Blake M. Lawrence

Blake M Lawrence

This article argues that the “limited public forum” analysis used by the United States Supreme Court in Christian Legal Society v. Martinez correctly addresses the competing concerns of students and university administration when approaching free speech and association on college and university campuses. It extensively analyzes the creation of the “limited public forum” analysis, explains why that particular analysis is ill-equipped for limiting high-school speech, and comprehensively addresses the Christian Legal Society v. Martinez opinion. Further, weaknesses in the dicta of Christian Legal Society v. Martinez are analyzed and points made by dissenting Justices are critiqued.

Immigrant Laws, Obstacle Preemption And The Lost Legacy Of Mcculloch, Lauren Gilbert

Lauren Gilbert

Using Congress’ perceived failure to enforce the immigration laws as a backdrop, this paper will explore how the Supreme Court’s recent decision in Chamber of Commerce v.Whiting upholding the Legal Arizona Workers Act exposes some of the tensions and contradictions in modern preemption doctrine. Examining the relationship among express, field, impossibility and obstacle preemption, I explore three emerging trends, all evident in Chamber of Commerce v. Whiting. The first is an increasing reluctance of the Court to find implied obstacle preemption. The second related trend is an inclination to expand the scope of impossibility preemption beyond the physical impossibility cases. …

The Development Of Charity: Anti-Poverty Measures Of Ancient Jewish Law & Jurisprudence, William H. Byrnes Iv

William H Byrnes IV

This article describes the ancient Jewish practices, codified in Biblical law and later legal commentary, to protect the needy. The ancient Hebrews were the first civilization to establish a charitable framework for the caretaking of the populace. The Hebrews developed a complex and comprehensive system of charity to protect the needy and vulnerable. The Jews’ anti-poverty measures - including regulation of agriculture, loans, working conditions, and customs for sharing at feasts - were a significant development in the jurisprudence of charity.

The first half begins with a brief history of ancient Jewish civilization, providing context for the development of charity …

The Development Of Charity: Anti-Poverty Measures Of Ancient Jewish Law & Jurisprudence, William H. Byrnes Iv

William H Byrnes IV

This article describes the ancient Jewish practices, codified in Biblical law and later legal commentary, to protect the needy. The Jews’ anti-poverty measures - including regulation of agriculture, loans, working conditions, and customs for sharing at feasts - were a significant development in the jurisprudence of charity. The first half begins with a brief history of ancient Jewish civilization, providing context for the development of charity by exploring the living conditions of the poor. The second half concludes with a description of the Jewish laws, Mishnah and Talmudic commentary, as well as the practice and codification of Rabbinical teaching that …

Belief, Truth, And Positive Organizational Deviance, Gregory S. Parks

Gregory S Parks

Black Greek-Letter Organizations (BGLOs) are unique institutions. Though few in number, they claim some of this country’s most renowned African American leaders—e.g., Charles Hamilton Houston (architect of the NAACP Legal Defense Fund’s Brown v. Board strategy), Rosa Parks (mother of the Civil Rights Movement), Earl B. Dickerson (civil rights lawyer and first black University of Chicago Law School graduate), Sadie Alexander (first African American woman to earn a PhD, and first to earn a JD from the University of Pennsylvania), and William Hastie (first African American federal judge). Uniquely, BGLOs’ members tend to remain deeply committed to their organizations over …

The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein

Roohia S Klein

The impact of war on women is often disproportionate and distinct from the effect it has on men. Given the second-class status of women in many societies, their skills and contributions are often under-valued and under-utilized. UN Security Council Resolution 1325 (SCR1325) recognizes the importance of increasing the role of women in all aspects of maintaining international peace and security, including encouraging women to take an active role in resolving conflicts (sections 2, 8b and 16 of SCR1325). This last aspect of SCR1325 reflects an increasing recognition of the effect of gender in conflict resolution. This paper draws upon academic …

Right To Information Identity, Elad Oreg

Elad Oreg

Inspired by the famous Warren&Brandeis conceptualization of the "right to privacy", this article tries to answer a modern conceptual lacuna and present the argument for the need to conceptualize and recognize a new, independent legal principle of a "right to information-identity". This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways of relating to …

There’S No Place Like Home – The Lost Children Of Foster Care, Kevin Simpson

Kevin Simpson

The main analysis of this paper centers around the foster care system and the effects of foster care on the children who are thrust into it. The jurisdiction will be focused on the United States as a whole, with some State comparison. In Part II, a general description of foster care will be looked at. Part III distinguishes the two different types of foster care, kinship and non-relative foster care. Part IV contains discussions dealing with the process generally, and what leads children to foster care. Following that section, Part V extensively deals with the effects on the children, including …

Transparency, Scrutiny And Responsiveness: Fashioning A Private Space Within The Information Society., Andrew D. Murray

Professor Andrew D Murray

No abstract provided.

Training Tomorrow's Lawyers: What Empirical Research Can Tell Us About The Effect Of Law School Pedagogy On Law Student Learning Styles, Eric A. Degroff

Eric A DeGroff

ABSTRACT

Training Tomorrow’s Lawyers: What Empirical Research Can Tell Us About the Effect of Law School Pedagogy on Law Student Learning Styles

Though the legal academy is a relative newcomer to the field, questions concerning law school pedagogy and law student learning styles have gained increasing traction among legal scholars in recent years. This article reports on the results of empirical research concerning the effects of the law school experience and of disparate pedagogical approaches on law student learning styles.

In what appears to be the first research of its kind in a law school context, the article reports the …

Dreams Deferred – Why In-State College Tuition Rates Are Not A Benefit Under The Iirira And How This Interpretation Violates The Spirit Of Plyler, Laura A. Hernandez

Laura A Hernandez

A legal barrier to education. The concept is distinctly un-American. We are well acquainted with the narrative. No matter how humble your childhood circumstances, if you studied hard, dreamed big and worked even harder, access to the United States’ finest universities would be yours. A college degree would provide employment opportunities, the chance to form bonds with scions of the privileged and well connected, and with any luck, a direct entree into that world of financial security.

Because this particular tale of manifest destiny has such a strong hold on the American psyche, it is understandable why the number of …

Locking In Wedlock: Reconceptualizing Marriage Under A Property Model, Ruth Sarah Lee

Ruth S Lee

Legal commentators have long understood divorce laws to reflect our cultural and ideological understanding of the role of marriage, but have criticized topical divorce laws for either failing to match up with current notions of fairness, or for under-compensating at least one party. As divorce laws have evolved, the way we conceptualize marriage has also evolved. Marriage has been modeled as, inter alia, a commitment, a governance, a promise, a tort-doctrinal duty, a status, and now more popularly, a contract or a partnership. Each model provides its own corollary for fairness and opportunism between spouses, possible remedies upon divorce, and …

Electronic Discovery: A Survey Of E-Discovery, Its Effect On Corporate Constitutional Rights And Why Corporations May Receive The Fifth Amendment Privilege Against Self-Incrimination During Parallel Civil And Criminal Litigation, Percy Arnell King

Percy Arnell King Esq.

Advancing technology has created more places to seek out relevant information than ever before which, has created a burden for corporations tasked with retaining this information to comply with applicable laws and the prospect of civil or criminal litigation. This article explores how the modern trend of storing information electronically and subsequent electronic discovery allowed in parallel civil and criminal trials is inherently unfair to corporations. Furthermore, corporations have been granted several rights derived from the Bill of Rights, and should also receive the Fifth Amendment privilege against self-incrimination.

New Frontiers Of Reprogenetics: Snp Profile Collection And Banking And The Resulting Duties In Medical Malpractice, Issues In Property Rights Of Genetic Materials, And Liabilities In Genetic Privacy., Stephanie Sgambati

Stephanie Sgambati

ABSTRACT

Single nucleotide polymorphisms (SNPs) represent the portions of our genetic makeup where human differ from each other. Mapping an individual’s profile creates a DNA fingerprint entirely unique to that individual. The primary purpose for the creation of SNP profiles has been validation of medical techniques used in reproductive medicine that require researchers to be able to definitively determine which embryo makes which baby- thus matching DNA fingerprints from infants to those from embryos. In spite of this seemingly narrow use, the potential value of the information contained in the SNP profile is enormous.

In this paper, I explore how …

Is Sexting The New Witchcraft? A Plea For A Common Sense Approach., John O. Hayward

John O. Hayward

Teenagers have enthusiastically embraced digital technology and its myriad assortment of electronic devices and gadgets. But unfortunately they often find themselves the target of numerous laws criminalizing their use. Sending sexy photos of themselves in various stages of undress to their favorite boyfriend or girlfriend earns them unwanted attention from school administrators as well as criminal complaints from the local district attorney accusing them of trafficking in child pornography! This article deals with “sexting,” the practice of “sending, receiving, or forwarding sexually explicit messages, photos, or images via cell phone, computer, or other digital device.” (The term is a combination …

The Invisible Man: How The Sex Offender Registry Results In Social Death, Elizabeth B. Megale

Elizabeth B. Megale

This Article establishes that overcriminalization serves to marginalize unwanted groups of society, and particularly regarding the sex offender registry, it results in social death. The author relies upon the notion of crime as a social construct to establish that the concept of “sex offense” changes over time as society and culture evolve. From there, the author incorporates the work of Michele Foucault involving the relationship of power, knowledge, and sexuality to show how the trend toward more repressive social controls over sex-related activity is related to a shift in this relationship. The Author identifies three characteristics and the associated traits …

Analysis Of Organizational Ethics, Evan Slavitt

Evan Slavitt

Whether an organization is ethical or not has become an increasingly important question both in public and legislative discourse as well as in the application of tort and criminal law. Historical approaches to organizational ethics have either attempted to evade the problem or sought to use paradigms developed for individuals. This Article reviews the various models that have already been proposed and explains why those models are unsatisfactory, focusing particularly on the attempts to articulate an organizational substitute for individual intent. The article then proposes a new framework that differentiates the various aspects of organizations and clarifies how ethical questions …

The Cost Of Democratization: Beyond Economists' Explanations Of Credit Card Debt, Andrea Freeman

Andrea Freeman

The credit card industry’s business model relies on the payment of fees and high interest rates by the poorest consumers to generate profits and subsidize credit card use by the richest. Industry studies indicate that African Americans and Latinos pay higher interest rates and more penalty fees than whites. Compounding credit card debt disparities are recent census statistics revealing that whites now have a median wealth twenty times higher than African Americans and eighteen times higher than Latinos. Despite the high social costs of deepening inequalities, law and economics and behavioral economics have largely ignored their contribution to market failure …

Why Do Citizens Litigate Over The Posting Of The Ten Commandments? A Case Study From Tennessee, Ross Astoria

Ross Astoria

In recent years the federal courts have experienced an increase in litigation over a state’s display of the Decalogue. Common explanations for this increase in litigation refer to general political and sociological categories, such as “fundamentalism” and “urbanization,” while abstracting from the actual intentions of individuals attempting to display the Decalogue. To identify these intentions, I provide a detailed case study of three instances of pro-Decalogue advocacy in Tennessee. In this case study, pro-Decalogue advocates situate their political efforts within a narrative of American decline. This narrative is a jeremiad in which the Supreme Court is the origin and agent …

Online Investigations And The Americans With Disabilities Act: The Resurgence Of Overbroad And Ineffectual Mental Health Inquiries In Character And Fitness Evaluations, Bernice M. Bird

Bernice M. Bird

Nationally, state board bar examiners’ interest to inquire into mental health has been a hotly contested issue invoking the Americans with Disabilities Act (ADA) for the last two decades. After the enactment of the ADA in 1990 a floodgate of litigation resulted in a litany of publications, all surrounding the issue of whether mental health based inquiries into character and fitness violated the ADA. Consequently, narrowly tailored mental health inquiries into specific disorders emerged as the trend in a majority of jurisdictions. This comment analyzes whether fitness boards' mental health inquiries among social networking profiles may cause the resurgence of …

Campaign Finance: Public Funding After Bennett, Nicholas Bamman

Nicholas Bamman

This Article is the first to examine the effects of the Supreme Court’s recent decision Az. Free Enter. Club’s Freedom Club PAC v. Bennett on campaign finance. To comply with Bennett, several states and localities will have to amend their campaign finance laws. This article proposes several public funding options that will survive current constitutional jurisprudence and the policy implications of each.

The Constitutionality & Ethics Of Licensing Lawyers To Advise Designated Foreign Terror Organizations, Elinor R. Jordan J.D.

Elinor R Jordan J.D.

By design, lawyers play a foundational role in U.S. democracy. In representing their client’s causes, they create a bulwark against repressive government action. What would happen to that role if the government had to issue a license before an attorney could legally present her client’s case? Many scholars have reviewed Holder v. Humanitarian Law Project, wherein the Supreme Court held that a statute prohibiting lawyers from giving free legal advice to Designated Foreign Terrorist Organizations (“DFTOs”) does not violate lawyers’ First Amendment rights of free speech and association. However, neither the Court, nor scholars have directly addressed a statutory window …

Localizing Religion In A Jewish State, Yishai Blank Prof.

Yishai Blank

Cities in Israel are regulating religion and controlling religious liberty. They decide whether to close down roads during the Sabbath, whether to limit the selling of pork meat within their jurisdiction, whether to prohibit sex stores from opening, and whether to allocate budgets and lands to religious activities. They do all that by using their regular local powers as well as special enablement laws which the Israeli parliament enacts from time to time. The immediacy of these issues, the fact that the traditional powers—business licensing, traffic and road control, spending and more—of local authorities touch upon many of them, and …

The Feud Between The Queen And The Diva: How A Property Dispute Underscores The Relevance Of A South Beach Gay Bar, Justin Karr

Justin Karr

The article recounts how the gay community was instrumental in the economic and cultural revival of South Beach as its known today. But, with the area currently experiencing a decline in gay tourism, the article suggests why the city is keen to observe the cultural and social benefit provided by a robust gay population. The article details the bar’s lobby of the local government for an expansion of its outdoor drag entertainment, despite the protests of the neighboring boutique hotel, which the bar asserts is homophobic intolerance of the shows’ gay theme.

The article discusses the importance that the modern …

The Right To Learn: Intellectual Honesty And The First Amendment, Jeffrey M. Cohen

Jeffrey M. Cohen

Science education is one of the most hotly contested issues in public debate. Even after decades of jurisprudence and scholarly analysis, politicians still ignite public passions by suggesting that creationism or intelligent design theory be taught alongside of evolution in public school science classrooms. Despite political rhetoric, the Establishment Clause has been steadfastly used to prevent religion masquerading as science from entering the science classroom. However, public officials have launched attacks recently on other scientific theories, such as climate change, that are not religiously motivated. Students are left in these instances without resort to the Establishment Clause and are potentially …