Law Commons^™

Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris

Jasmine Harris

No abstract provided.

Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. Mckay

University of Massachusetts Law Review

This Comment examines why a seemingly well-settled scientific issue, evolution through natural selection, continues to be the subject of so much legal controversy in public education. By exploiting misconceptions regarding the scientific method, religious special interest groups are able to persuade lawmakers to sneak religion into public school science classrooms across the country. This Comment considers the most recent incarnations of creationism and concludes by analyzing the impact the ongoing legal controversy has had on the American public’s understanding of science.

The Dwindling Of Revlon, Lyman P.Q. Johnson, Robert Ricca

Lyman P. Q. Johnson

No abstract provided.

Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn Mccarthy

University of Massachusetts Law Review

In the later part of 2012, news and media outlets gave widespread attention to the fact that people were living rent-free in homes across the United States while the property owners were left with the burden of evicting the unwanted company in order to gain rightful possession to their property. These stories were not isolated to low incomes areas. News broadcasts shed light on squatters making camp in high-end realty valued in the millions. At the same time, news outlets in the United Kingdom were reporting on the squatting topic, but with a different angle – a recent law criminalizing …

Do Tell! The Rights Of Donor-Conceived Offspring, Naomi Cahn

Hofstra Law Review

The article discusses the legal rights of donor-conceived children in America, and it mentions U.S. constitutional rights, the laws associated with donor conception in the country, and the concept of double disclosure. Parental rights and children's interests are mentioned, along with respect for familial autonomy and various aspects of U.S. family and health laws. Sperm and egg (ovum) donations are examined, along with the nation's fertility industry and assisted reproductive technology.

Ending The Second "Splendid Isolation"?: Veterans Law At The Federal Circuit In 2013, Victoria Hadfield Moshiashwili

American University Law Review

No abstract provided.

Putting A Hold On Ice: Why Law Enforcement Should Refuse To Honor Immigration Detainers, Alia Al-Khatib

American University Law Review

No abstract provided.

They Could Be Back: The Possibility Of Termination Rights For Session Musicians, Alexandra El-Bayeh

American University Law Review

No abstract provided.

Therapeutic Jurisprudence, Barbara A. Babb, David B. Wexler

All Faculty Scholarship

Therapeutic jurisprudence, developed in the late 1980s, is a field of inquiry. It is a lens through which to examine the effects of substantive laws, legal rules, Iegal procedures, and the behavior of legal actors, including judges, lawyers, court personnel, and service providers, on the psychological and emotional well·being of justice system participants, including the Iegal actors themselves. Therapeutic Jurisprudence is a perspective or framework, and its use suggests the need to conduct empirical research to determine whether outcomes resulting from the application of substantive laws, legal rules, and legal procedures and from the behavior of legal actors have therapeutic …

Learning From The Past: Why Termination Of A Non-Citizen Parent's Rights Should Not Be Based On The Child's Best Interest, Stacy Byrd

University of Miami Law Review

No abstract provided.

Whose Rights Should Prevail? Toward A Child-Centric Approach To Revocation Of Birthparent Consent In Domestic Infant Abortion, David L. Thibodeaux

Belmont Law Review

Though overhaul of adoption laws across the United States has been nearly universal, there is still no uniformity among the states in approach to voluntary relinquishment of parental rights: the very issue at the heart of the controversial cases that sparked reform. This Note attempts to track the development of domestic adoption laws as they affect birthparent consent in infant adoptions, the competing policies driving these developments, and the way states have attempted to reconcile that friction. Part I of this Note provides an underpinning of adoption terminology by outlining the actors involved, the basic elements required for infant adoption …

Restoring Sacred Waters: A Guide To Protecting Tribal Non-Consumptive Water Uses In The Colorado River Basin, Julie Nania, Julia Guarino, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Books, Reports, and Studies

105 p. : color illustrations ; 28 cm

Introduction -- Gathering information and starting the process -- Indian federal reserved water rights -- Using Indian federal reserved water rights for instream flows -- Negotiating for non-consumptive uses in settlement agreements -- Protecting non-consumptive uses in tribal water codes -- Other legal tools -- Irrigating for instream flows and traditional plants -- Summary and key points

Considerations For Climate Change And Variability Adaptation On The Navajo Nation, Julie Nania, Karen Cozzetto, Nicole Gillett, Sabre Druen, Anne Mariah Tapp, Michael Eitner, Beth Baldwin, National Integrated Drought Information System (U.S.), Western Water Assessment (Program), University Of Colorado Boulder. Renewable And Sustainable Energy Institute, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Books, Reports, and Studies

[6], 204 p. : color illustrations, color maps

Gimme Shelter: Lane V. Kitzhaber And Its Impact On Integrated Employment Services For People With Disabilities, Gena Rinaldi

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The More Things Change, The More They Stay The Same: A Section 504 Examination Of The Social Security Administration's Use Of 1993 Medical Criteria To Determine Disability In 2014, Adrienne Jones

American University Journal of Gender, Social Policy & the Law

No abstract provided.

And The Oscar Goes To; Well, It Can't Be You, Can It: A Look At Race-Based Casting And How It Legalizes Racism, Despite Title Vii Laws, Latonja Sinckler

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Cultural Collisions And The Limits Of The Affordable Care Act, Jasmine E. Harris

American University Journal of Gender, Social Policy & the Law

No abstract provided.

(In)Equitable Relief: How Judicial Misconceptions About Domestic Violence Prevent Victims From Attaining Innocent Spouse Relief Under I. R. C. Sec. 6015(F), Jacqueline Clarke

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Fifty State Survey Of Mandatory Reporting Statutes, Brenda V. Smith

The Project on Addressing Prison Rape - Surveys

Mandatory reporting state statutes regarding the sexual abuse of children are compiled and reported. Entries include (if provided) the following information: state; mandatory reporting statutes name; what has to be reported; relevant definitions; persons required to report; reporting procedures; and penalty for failure to report.

Perceived Homosexuals: Looking Gay Enough For Title Vii, Brian Soucek

American University Law Review

No abstract provided.

Battered By Law: The Political Subordination Of Immigrant Women, Mariela Olivares

American University Law Review

No abstract provided.

What You Do Not Know Can Hurt You: How The Finra Expungement Process Is Endangering Future Investors Through A Lack Of Information, James T. Farris

Hofstra Law Review

The article discusses the ways in which the U.S. Financial Industry Regulatory Authority Inc.'s (FINRA's) expungement process is endangering future investors in America through a lack of information sharing, and it mentions the laws governing the nation's securities industry, as well as the legal obligations of brokers. FINRA's Broker Check online database is mentioned, along with the efforts to protect investors from fraudulent brokers. U.S. government agency rules are also examined.

Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry

Hofstra Law Review

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …

Organizational Responsibility For Workplace Racial And Sexual Harassment: The Stories Of One Company's Workers, Cheryl L. Wade

Hofstra Law Review

The article discusses organizational responsibility for workplace-related racial and sexual harassment in America as of 2014, and it mentions the testimony of several African-American workers in a race discrimination lawsuit against the Turner Industries Group LLC industrial construction and fabrication firm. Employee exploitation claims are examined, along with American corporate and labor laws. U.S. Equal Employment Opportunity Commission investigations are also assessed.

One-Punch Laws, Mandatory Minimums And 'Alcohol-Fuelled' As An Aggravating Factor: Implications For Nsw Criminal Law, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article critically examines the New South Wales State Government's latest policy response to the problem of alcohol-related violence and anxiety about 'one punch' killings: the recently enacted Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW). Based on an analysis of both the circumstances out of which it emerged, and the terms in which the new offences of assault causing death and assault causing death while intoxicated have been defined, I argue that the Act represents another example of criminal law 'reform' that is devoid of principle, produces a lack of coherence in the criminal law and, …

Explainer: How Do Australia's Laws On Hate Speech Work In Practice?, Luke Mcnamara, Katharine Gelber

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Abbott government’s intention to amend national racist hate speech law has reignited a debate that has raged in Australia for decades: is there a place for laws that condemn public conduct that is likely to cause harm or generate ill-feeling towards racial minorities?

It’s an important question, and diverse views should be ventilated.

But the grand claims made from both corners – that hate speech laws have no place in a democracy, or that they are a valuable way of protecting minorities – are rarely backed up with evidence. This is unfortunate and unnecessary. Today, more than 20 years …

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

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Embyonic Personhood: Implications For Assisted Reproductive Technology In International Human Rights Law, Lauren B. Paulk

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Virgin Fathers: Paternity Law, Assisted Reproductive Technology, And The Legal Bias Against Gay Dads, Elizabeth J. Levy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Restoring Rights For Reproductive Justice, Elizabeth J. Chen

American University Journal of Gender, Social Policy & the Law

No abstract provided.