Law Commons^™

Clear As Mud: The Confused State Of Mississippi's State Firearm Carry Laws, Garrett Anderson

Mississippi College Law Review

Few debates in America are more divisive than the debate over gun control. In the wake of large-scale shootings and heightened awareness of gun violence across the nation, discussions inevitably take place over viable solutions. Some propose more comprehensive, restrictive gun ownership legislation that would limit citizens' ability to carry firearms, while others believe the solution lies in relaxing existing regulations to allow armed citizens to intervene when necessary. While these two camps often find little middle ground in the gun debate, each would likely agree on one thing: a need for clarity and greater effectiveness of current laws. This …

Searching Govinfo.Gov/, Bert Chapman

Libraries Faculty and Staff Presentations

This U.S. Government Publishing Office (GPO) database provides access to information legal, legislative, and regulatory information produced on multiple subjects by the U.S. Government. Content includes congressional bills, congressional committee hearings and prints (studies), reports on legislation, the text of laws, regulations, and executive orders and multiple U.S. Government information resources covering subjects from accounting to zoology.

Altering United States Drug Policy And Shifting The Focus Of Drug Use From Conviction Toward Drug Addiction Treatment, Natalie Marra

Honors Projects

While these substances were not always controlled by law, drug use has been as issue throughout time going back thousands of years and continues to be a concern in the twenty-first century. Possession, distribution, and manufacturing of controlled substances outside of what is considered legal can lead to fines and or jail time and can also increases the severity of other crimes committed either due to or under the influence of drugs. As of Saturday June 10th, 2023, 44.5% of Federal inmates are incarcerated for drug offenses, including possession, distribution, and manufacturing1. Drug offenses make up the largest percentage of …

Protecting Low-Income Consumers In The Era Of Digital Grocery Shopping: Implications For Wic Online Ordering, Qi Zhang, Priyanka Patel, Caitlin M. Lowery

Community & Environmental Health Faculty Publications

The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is now expected to allow participants to redeem their food benefits online, i.e., via online ordering, rather than only in-store. However, it is unclear how this new benefit redemption model may impact participants’ welfare since vendors may have an asymmetric information advantage compared with WIC customers. The WIC online ordering environment may also change the landscape for WIC vendors, which will eventually affect WIC participants. To protect WIC consumers’ rights in the new online ordering model, policymakers need an appropriate legal and regulatory framework. This narrative review provides that …

When “Riot” Is In The Eye Of The Beholder: The Critical Need For Constitutional Clarity In Riot Laws, Nancy C. Marcus

Faculty Scholarship

In the twenty-first century, American streets are frequently filled with passionate protest and political dissent. Protesters of diverse backgrounds range from those waving flags or lying on the ground to re-enact police killings to those carrying lit torches or hand-made weapons. This Article addresses how, as between such groups, it may initially seem clear which has a propensity to engage in violent riots, but too often, “rioter” is in the eye of the beholder, with those both regulating and reporting on riots defining the term inconsistently. And ironically, while police brutality is often the subject of protests, non-violent protesters who …

Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business, John R. Krendel

Senior Honors Projects, 2020-current

Before pursuing an international career, members of the LGBTQIA+ community must be aware of the hardship that may be exacerbated by living and working abroad. This study addresses the trends in laws, including employment and anti-discrimination laws, that provide and restrict certain rights of members of the LGBTQIA+ community in eight countries. These nations, both progressive and discriminatory, include the United States, England, Switzerland, Germany, Taiwan, China, the Philippines and Kazakhstan. Eight LGBTQIA+ business professionals spoke on their experiences living and working in each of these countries and provided advice to members of the community wishing to pursue an international …

Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid R. Ekbia

FIU Law Review

The COVID-19 pandemic led to unprecedented closures of national borders and the withdrawal of much of the social and cultural activities of society into the walls of the home. For us, educators focused on global engagement and analyzing international law and society, the abrupt retreat into the shelter of domestic walls disrupted the very subjects we were studying—inside and outside the classroom. In the pandemic’s first wave, most study abroad and international experiential programs were cancelled indefinitely, and the programs that continued had to operate in an environment of social distancing and uncertainty. We were forced to scramble to accommodate …

From Nucleotides To Nuanced Law: The Value Of An Incremental Approach To Experimentation In State-Level Genetic Anti-Discrimination Legislation, Katelyn Fisher

University of Massachusetts Law Review

A person’s genetic information tells a detailed story of what someone looks like, who her relatives are, and even what illnesses she may develop. This information, as enlightening as it may be, can be especially damaging when utilized in a discriminatory way. This Note explores how the protections under the Genetic Non Discrimination Act of 2008 will no longer be sufficient for protecting individuals from genetic discrimination as the use of genetic information becomes more commonplace. The questions become: Where do we start? How and where should protections that extend to circumstances not covered by GINA be created in a …

Retroactivity In Administrative Decisions In U.A.E. (Theoretical & Applied Study) By Farouk El Arabi

UAEU Law Journal

The study deals with retroactivity in administrative decisions in U.A.E. It encompasses three parameters; first retroactivity in law, second retroactivity in administrative decisions, the third parameter concerns retroactivity according to legislature applied in U.A.E. The first parameter acts as an introduction to the next two which comprises the main issues in this study. The first parameter briefly discusses the principles of non-retroactivity of laws and whether legislature may overlook this principle. The second parameter categorizes administrative decisions. Into individual and organizational, the latter being subdivided into revealing and institutional laws. The effect of this subdivision on non-retroactivity is then discussed, …

The Crime Of Cyber Sexual Exploitation Of Children: A Comparative Legal Study, Osama Ghanem Alobaidy

UAEU Law Journal

With the spread of the use of computers and the Internet, more and more pedophiles have easier access to children . They can literally enter a child’s home and not be detected. Pedophiles can sit at their own computer and stake out their next victim. This increase in the usage of the Internet has led to the increase in sexual exploitation of children on the Internet. Due to this increase in the perpetration of such heinous crimes, more international efforts were exerted to combat such crimes. Many countries around the world also enacted laws to combat cyber crimes in general …

An International Legal Consideration Of The Issues On Lethal Autonomous Weapons Systems Including Nanomachine: A Perspective Of International Law Studies In Japan, Hiroshi Saito

Japanese Society and Culture

This paper aims to explore the legal issues on the use of Lethal Autonomous Weapons Systems (LAWS). This study is based on the recent research trend in Japan regarding studying the relationships between the international humanitarian law and the international law of human rights. The paper seeks to apply the integration theory to the relationship of both laws. As a result, this idea can pave the way for suppressing the usage of LAWS in future armed conflicts. Since the use of LAWS may lead to immense injury to fundamental human rights, it is necessary to adopt the integration theory to …

The Evolution Of The Position Of The Administrative Court On The Determination Of The State's Responsibility For The Damages Resulting From The Laws: Comparative Study, Waleed Arab

UAEU Law Journal

Parliament is the elected authority by the people to express the general will of the nation and the sovereignty of the people. In accordance with the general political and constitutional principles, it enjoys wide power in legislation whereby it governs various aspects of the social, economic and political life etc.

The sovereignty enjoyed by the parliament made its authority not responsible for the damages to the members of the society; in addition other arguments justified absolving the Parliament from any judicial or political oversight and with the principle of no liability of the state for damages caused by the laws …

The Extent Of Constitutional Protection For Public Utilities, Sam Dallah

UAEU Law Journal

Regardless of the role of the State and the extent of its intervention, the public utilities, in its organic dimension connected with the public authority concept and the objective dimension connected with the concept of public activity, is considered one of the main tools by which the state exercises its sovereign functions and interventions.

Given the changes that have occurred in the role of the State, which led either to more intervention or more of its withdrawal from some sectors, and the subsequent crisis in the concept of public utilities, in addition to the emergence of mandate exercises or privatization …

Enforcement Of Foreign Laws Before The National Judge: A Comparative Study, Ashraf , Wafa Mohammed

UAEU Law Journal

The Omani Civil Transactions Act No. 29 issued on 2013, includes the provisions on the conflict of laws as stated from Article 10 to Article 28, as well as it is the case in the UAE Civil Transactions Act in Articles 10 to 28. According to the text of this last article of the Emirati Law, "apply the United Arab Emirates Law, if the existence of the applicable foreign law cannot be proven or its significance determined." It is noted that the rules, governing conflict of laws, moderate relations of individuals with an international character (i.e. containing a foreign element). …

Aspects Of The Penal Protection On The Right Of Defense Before The Investigative And Judicial Authorities: A Comparative Study, Dr. Abdulaziz Al-Hassan

UAEU Law Journal

The right of defense in front of investigation and justice authorities is part of the right of litigation that is assured by constitutions, national laws and international treaties. It is one of the pillars of fair trial because it is an original natural right. The rights of defense are not only to the accused person but they are so for each person having the status of a litigant in front of investigation and justice authorities whether in a penal , administrative , commercial and sharia case and whether this litigant is a physical person or a moral one. The legislator …

Legal Security Considerations In The Provisions Of The Iraqi Constitutional Court: A Comparative Study, Nather Alqaisi

UAEU Law Journal

The importance of monitoring the constitutionality of laws by establishing the foundations of the principle of legality and the protection of rights and freedoms relating to individuals, and when the constitutional judiciary exercise its function in the control of the constitutionality of laws, the provisions of the unconstitutional text of the law has been applied for a period of time and arranged the rights of individuals requires that the implementation of the provision impact Retroactive to the principle of legality, but the application of this concept to launch may lead to the absence of the principle of stability of legal …

Meat Wars: The Unsettled Intersection Of Federal And State Food Labeling Regulations For Plant-Based Meat Alternatives, Shareefah Taylor

University of Massachusetts Law Review

Due to technological advances and the rise in popularity of plant-based meat alternatives (i.e., Beyond Meat, the Impossible Burger, etc.), nearly thirty states have proposed or enacted legislation to limit which foods can be labeled with terms that have traditionally been used to describe products derived from animal carcasses (i.e., meat, burger, sausage, etc.). Fueled in many places by the cattle industry, the states’ legislation proposes stricter guidelines than the federal counterparts in an attempt to specifically prohibit plant-based, cell-based (lab-grown meat), and even insect-based products from being labeled in meat-associated terms. To date, lawsuits have been filed by opponents …

Constitutional Literacy In Times Of Crisis, Maartje De Visser

Research Collection Yong Pung How School Of Law

At the same time she announced her withdrawal from public life in 2018, former US Supreme Court Justice Sandra Day O’Connor made a passionate plea for “all citizens to understand our Constitution and unique system of government, and participate actively in their communities.”441 The timing coincided with the halfway mark of Donald Trump’s term in presidency, a president who has very publicly declared his knowledge of the US Constitution, but whose understanding of it has regularly been called into question.442 At its foundation, the democratic legitimacy of a government arguably presupposes a working familiarity with the constitution qua social contract. …

Supreme Court Decisions In Review (Part 2), Donald Roth

Faculty Work Comprehensive List

"While the Court generally leaned conservative, there were several important decisions that progressives would herald as well."

Posting about recent Supreme Court decisions from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

https://inallthings.org/supreme-court-decisions-in-review-part-2/

Supreme Court Decisions In Review (Part 1), Donald Roth

Faculty Work Comprehensive List

"As we glance forward toward the upcoming political season, we also want to take the time to look back at some of the cases this term that have caused a stir in the governmental system."

Posting about recent Supreme Court decisions from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

https://inallthings.org/supreme-court-decisions-in-review-part-1/

State And Local Workers’ Rights Innovations: New Players, New Laws, New Methods Of Enforcement, Terri Gerstein

Saint Louis University Law Journal

This article describes and analyzes the considerable surge in state and local government activity protecting workers in recent years. It situates this growth in state and local action as a response to degradation of working conditions resulting from longstanding economic, political, and legal trends, and the resulting worker organizing to counter those trends. It also positions this burgeoning activity as a reaction to challenges at the federal level, including rollbacks and worker-hostile policies by the Trump administration, as well as gridlock in Congress.

The article frames the uptick in state and local worker protection activity within three specific categories: new …

Economic Analysis Of Jewish Law, Keith Sharfman

Touro Law Review

No abstract provided.

From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades

Eric A. Kades

No abstract provided.

The Water Tanker Mafia, Yousuf Sajjad

MSJ Capstone Projects

This is a thesis about the Water Tanker Mafia in Karachi. The citizens of Pakistan’s largest city, Karachi suffer from an acute lack of water for drinking and domestic use. To cover for this lack of water, there is a network of tankers, run illegally but also with a large degree of connivance with parts of the state in Karachi, that provides water to the citizens of this city. This paper seeks to explain this network, its history, organization and the infrastructure in Karachi that it supports or in many cases, supersedes. This paper places the Karachi water tanker mafia …

Gun Control: The Gun Violence Epidemic In The U.S., Anna Koduru

Williams Honors College, Honors Research Projects

While holding almost half of all civilian-owned guns around the globe and yet only 4.4 percent of the world’s population, the United States of America is heavily centered around gun rights due to the 2nd amendment in the U.S. Constitution. But gun violence is on the rise as deaths due to gun violence are at its highest rate in nearly 40 years. Americans are divided amongst themselves when it comes to how we must approach this issue. In order to reduce gun violence in the U.S., both Republican and Democrat leaders must come together and make bipartisan moves to implement …

Forty Years Of Disability Policy In Legal Education And The Legal Profession: What Has Changed And What Are The New Issues, Laura Rothstein

Laura Rothstein

No abstract provided.

Understanding The Importance Of Ferpa & Data Protection In Higher Education. An Application: Website At La Salle University, Robert Frank, Lynne Wagner

Mathematics and Computer Science Capstones

Personal data protection is a paramount conversation globally. The higher education industry is abundant in varying types of highly sensitive information; the security of this data is critical, requiring all stakeholders be educated and aware of the standards and best practice securing it. This project’s main outcome is to conduct in-depth research on personal data protection regulations within higher education and the development of an example educational webpage for the La Salle University community relating to policy, practice, and procedures of the Family Educational Rights and Privacy Act (FERPA).

The Mission of La Salle University affirms a community commitment to …

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Georgia State University Law Review

One of the major branches of the field of law and literature is often described as “law as literature.” Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes.

Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …