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Articles 1 - 30 of 2791
Full-Text Articles in Law
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
Press Freedom Under Threat In Europe: A Case Study Analysis Of The Increasing Threat To Press Freedom In Greece, Italy, And Hungary, Maya O'Leary-Cyr
Press Freedom Under Threat In Europe: A Case Study Analysis Of The Increasing Threat To Press Freedom In Greece, Italy, And Hungary, Maya O'Leary-Cyr
Undergraduate Honors Theses
This research critically examines the legal systems of European countries and their relationship to press freedom. This research focuses on the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Considering the scope of the problem, this research analyzes the issue through the lens of European countries Greece, Italy, and Hungary. Being members of the European Union, each of these countries have an obligation to uphold the democratic standards put forth by the EU as …
The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study, Dr. Muorad Seghir, Dr. Dellal Yazid
The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study, Dr. Muorad Seghir, Dr. Dellal Yazid
UAEU Law Journal
Algerian legislation has included provisions related to what is known as artificial insemination under Article 45 of the Family Code, after its amendment, without defining it, as well as deficiency in controlling its conditions. However, the new health law 2018 remedied the matter, by means of a new, more accurate and meaningful designation (medical assistance for reproduction), based on most modern legislation in the medical field, such as French law, UAE law and others. As well as explaining the terms and conditions for performing this type of reproductive method. However, this dual regulation of the Medicaid Reproduction Mechanism between the …
The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell
The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell
University of Miami Law Review
The legislative history of copyright law in the United States and its judicial interpretation resulted in a complex web of statutes and doctrine theoretically meant to further the constitutional goal of “promot[ing] the Progress of Science and the useful Arts.” But because of its complexity, enforcing rights against infringers in federal court became prohibitively expensive for most. The American copyright regime simultaneously allowed the music industry to unfairly profit from the creativity of the under-resourced—particularly, musicians of color.
This Note discusses the disparate impact of the American copyright regime. Then, the Note discusses the Copyright Alternatives in the Small-Claims Enforcement …
Managing Mass Tort Class Actions: Judicial Politics And Rulemaking In Three Acts, Toby S. Goldbach
Managing Mass Tort Class Actions: Judicial Politics And Rulemaking In Three Acts, Toby S. Goldbach
University of Miami Law Review
Judges take part in a variety of non-adjudicative tasks that shape the structure of litigation. In addition to their managerial functions, judges sit as administrative heads of court. They participate in civil justice reform projects and develop procedures for criminal and civil trials. What norms and principles ought to guide judges in this other work? In their casework we expect judges to be neutral and fair, setting aside politics and rationally following the law. Indeed, this article will demonstrate that there is good reason to insist on these qualities in both judges’ case-related and broader court-related reform activities. To test …
The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir
The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir
University of Miami Law Review
Artificial intelligence (“AI”) is undeniably transforming the workplace, though many implications remain unknown. Employers increasingly rely on algorithms to determine who gets interviewed, hired, promoted, developed, disciplined, or fired. If appropriately designed and applied, AI promises to help workers find their most rewarding jobs, match companies with their most valuable and productive employees, and advance diversity, inclusion, and accessibility in the work- place. Notwithstanding its positive impacts, however, AI poses new perils for employment discrimination, especially when designed or used improperly.
This Article examines the interaction between AI and federal employment antidiscrimination law. This Article explores the legal landscape including …
The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study, Dr. Muorad Seghir, Dr. Dellal Yazid
The Legislative Development Regulating Medically Assisted Reproductive Technology In Algerian Law: A Comparative Analytical Study, Dr. Muorad Seghir, Dr. Dellal Yazid
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
Algerian legislation has included provisions related to what is known as artificial insemination under Article 45 of the Family Code, after its amendment, without defining it, as well as deficiency in controlling its conditions. However, the new health law 2018 remedied the matter, by means of a new, more accurate and meaningful designation (medical assistance for reproduction), based on most modern legislation in the medical field, such as French law, UAE law and others. As well as explaining the terms and conditions for performing this type of reproductive method. However, this dual regulation of the Medicaid Reproduction Mechanism between the …
Understanding The Role Of Transportation In Human Trafficking In California, Kezban Yagci Sokat
Understanding The Role Of Transportation In Human Trafficking In California, Kezban Yagci Sokat
Mineta Transportation Institute Publications
Human trafficking, a form of modern slavery, is the recruitment, transport, and/or transfer of persons using force, fraud, or coercion to exploit them for acts of labor or sex. According to the International Labor Organization, human trafficking is the fastest growing organized crime with approximately $150 billion in annual profits and 40.3 million individuals trapped in slave-like conditions. While it is not compulsory to involve transportation for human trafficking, the transportation industry plays a critical role in combating human trafficking as traffickers often rely on the transportation system to recruit, move, or transfer victims. This multi-method study investigates the role …
A Look At The Missing And Murdered Indigenous Women Crisis: Investigation Of Potential Causes And Effects, Verity Saige Vogel
A Look At The Missing And Murdered Indigenous Women Crisis: Investigation Of Potential Causes And Effects, Verity Saige Vogel
University Honors Theses
In North America, Indigenous women go missing and are murdered at a rate higher than any other demographic. Scholars and governmental agencies agree that the Missing and Murdered Indigenous Women (MMIW) crisis is a pressing issue; it was not until a series of successful social media campaigns (using the hashtag #MMIW) and other grassroots activism took root across First Nations and Native communities in North America that the gravity of the situation became widely reported. Although many agree that the MMIW crisis is a wicked problem (in that it has many contributing factors that amplify its effect and contribute to …
What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi
What's My Age Again?: Adolescent Development And The Case For Expanding Original Juvenile Court Jurisdiction And Investing In Alternatives For Emerging Adults Involved In Maine's Justice System, Christopher M. Northrop, Jill M. Ward, Jonathan J. Ruterbories, Jess N. Mizzi
Maine Law Review
While many aspects of Maine’s Juvenile Justice system are ripe for reform, this Article advocates for improving the system’s response to one group of offenders often overlooked by policymakers: emerging adults. The Supreme Court, in Roper v. Simmons, stated that “[t]he qualities that distinguish juveniles from adults do not disappear when an individual turns 18.” In fact, studies have shown that criminal conduct attributable to the unstable and impulsive nature of the adolescent mind continues well into a person’s mid-twenties. These eighteen to twenty-five-year-old offenders, termed “emerging adults” by researchers, experience much of the same developmental and physiological challenges as …
Editor's Welcome, Kate Brennan
Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa
Small Business Cybersecurity: A Loophole To Consumer Data, Matthew R. Espinosa
The Scholar: St. Mary's Law Review on Race and Social Justice
Small businesses and small minority owned businesses are vital to our nation’s economy; therefore legislation, regulation, and policy has been created in order to assist them in overcoming their economic stability issues and ensure they continue to serve the communities that rely on them. However, there is not a focus on regulating nor assisting small businesses to ensure their cybersecurity standards are up to par despite them increasingly becoming a victim of cyberattacks that yield high consequences. The external oversight and assistance is necessary for small businesses due to their lack of knowledge in implementing effective cybersecurity policies, the fiscal …
Draft State Legislation: "A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas)", Julia Mattingly
Draft State Legislation: "A Geographically Targeted Approach For A Preceptor Tax Incentive Using Primary Care Health Professional Shortage Areas (Hpsas)", Julia Mattingly
Commonwealth Policy Papers
This draft legislation was sponsored in the 2022 session of the KY General Assembly as HB 718.
Draft Legislation: A Novel Policy System Of Income & Refundable Property Tax Credits For Sustainable Use Of “Keystone” Stillage And Spent Grain Wastes To Stop Pollution And Surge Business Growth, Samuel C. Kessler
Commonwealth Policy Papers
This draft bill originally formatted by the KY Legislative Research Commission is the minimum text necessary to enact the policy described in the CPP whitepaper publication "Support New Business to Solve Old Problems with Kentucky’s Keystone Waste from Bourbon & Brewing". This publication is also known by the subtitle " A novel policy system of income & refundable property tax credits for sustainable use of Kentucky’s “keystone” wastes – stillage and spent grain - designed to stop pollution risk and surge business growth across the Commonwealth".
Any and all legislative bodies are encouraged to use the attached legislation as the …
Blue Water Navy, Hannah Melinda Woods
Blue Water Navy, Hannah Melinda Woods
Veterans Studies Undergraduate Capstones
For years, Veterans who served on ships during the Vietnam war have been denied access to Agent Orange Veterans Affairs benefits. These group of veterans are called the Blue Water Navy. This paper explores the background of this issue, legislation coming about this issue, and the against sides of this issue.
Recalibrating The Sex Offender Registration System, Erin Schoenbeck Byre
Recalibrating The Sex Offender Registration System, Erin Schoenbeck Byre
University of St. Thomas Law Journal
No abstract provided.
Conveying Estate Planning To The 21st Century: Adoption Of Electronic Wills Legislation, Spencer Riegelman
Conveying Estate Planning To The 21st Century: Adoption Of Electronic Wills Legislation, Spencer Riegelman
University of St. Thomas Law Journal
No abstract provided.
Direct Entry Midwives: Political Factors Shaping Variation In Regulation, Gabrielle Shlikas
Direct Entry Midwives: Political Factors Shaping Variation In Regulation, Gabrielle Shlikas
The Compass
No abstract provided.
Washington State Sausage Making: Attempting To Measure The Efficiency Of The Legislature, Jonathon Church
Washington State Sausage Making: Attempting To Measure The Efficiency Of The Legislature, Jonathon Church
PPPA Paper Prize
This paper explores the validity and justification for using how a bill dies in the Washington State legislative process to better critique and measure government efficiency. The information was gathered through interviews with former and current members of the State Legislature and from first-hand experience while working as an intern during the 2022 legislative session. Part one of the paper utilizes multiple sources to present a detailed description of the various ways in which a bill can fail to make it through the legislative process during the regular session. Part two then expands on how these obstacles in a bill's …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton
Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton
Life of the Law School (1993- )
No abstract provided.
Foreword, Stephen Wermiel
Foreword, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
It is an honor and a pleasure to help the American UniversityLegislationandPolicy Brief carry on its fine tradition of scholarly inquiry into important issues facing the nation, the legislatures and the public policy arena. AULPB is an important forum within WCL for student authors to examine cutting edge, timely issues. It is also a focal point, beyond the bounds of the WCL campus, for authors to consider a broad range of pressing issues that combine law and policy questions.
The Political Dynamics Of Legislative Reform: Potential Drivers Of The Next Communications Statute, Christopher S. Yoo, Tiffany Keung
The Political Dynamics Of Legislative Reform: Potential Drivers Of The Next Communications Statute, Christopher S. Yoo, Tiffany Keung
Faculty Scholarship at Penn Carey Law
Although most studies of major communications reform legislation focus on the merits of their substantive provisions, analyzing the political dynamics that led to the enactment of such legislation can yield important insights. An examination of the tradeoffs that led the major industry segments to support the Telecommunications Act of 1996 provides a useful illustration of the political bargain that it embodies. Application of a similar analysis to the current context identifies seven components that could form the basis for the next communications statute: universal service, pole attachments, privacy, intermediary immunity, net neutrality, spectrum policy, and antitrust reform. Determining how these …
Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden
Law School News: Two Rwu Law Lawmakers Fight To 'Let R.I. Vote' 03-24-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Sea Of Destruction: Legal And Social Forces Enabling Sexual Abuse Of Children, Amos N. Guiora
Sea Of Destruction: Legal And Social Forces Enabling Sexual Abuse Of Children, Amos N. Guiora
Utah Law Faculty Scholarship
This Article seeks to expose the truth of how our schools, laws, and powerful groups in our society actively work to aid mobile molesters in schools—mobile because they move from child to child and school to school, all with the blessing of adult enablers who are charged to protect children. According to news reports, in 2015, at least 498 teachers and other school workers were arrested for sexual misconduct with children. That is almost three per school day. Even worse, in addition to the initial attack by the molester, the child is subsequently revictimized by others who aim attempt to …
A Proposal For Paid Family Leave In Utah, Erin Wong
A Proposal For Paid Family Leave In Utah, Erin Wong
Student Works
When a woman gives birth, the arrival of that child will have a statistically significant negative impact on that woman’s employment, earning potential, health, and overall wellbeing. The arrival of a child has no statistically significant impact on men’s employment, earning potential, or overall health and wellbeing. The labor force experiences a drain of talent and productivity when mothers leave the market in large numbers after having a child. Many mothers who wish to remain the workforce after childbirth are faced with the impossible choice of their child’s health or their own job and earning potential. Many fathers or partners …
How The Subprime Mortgage Crisis Sparked New Legislation And Changed The Way Millennials Purchase Real Estate, Troy T. Kramer
How The Subprime Mortgage Crisis Sparked New Legislation And Changed The Way Millennials Purchase Real Estate, Troy T. Kramer
The Journal of Business, Entrepreneurship & the Law
This article will explore the Generation Y's approach to the real estate market and analyze how the Subprime Mortgage Crisis stunted Millennials’ economic development. It also analyzes what ways legislation has changed and government has influenced the economy since 2008 to prevent another free fall of the global economy and to protect consumers from predatory lending practices and under-regulation of the financial sector. Further, this article will analyze how Millennials differ from previous generations in their method of purchasing homes and investing in real estate—with a specific eye towards advances in technology. This article also gives advice to first-time homebuyers …
South Korea Shatters The Paradigm: Corporate Liability, Historical Accountability, And The Second World War, Timothy Webster
South Korea Shatters The Paradigm: Corporate Liability, Historical Accountability, And The Second World War, Timothy Webster
Faculty Scholarship
South Korea is currently revising its interpretation of Japanese colonialism, and the fallout from World War II more generally. In 2018, the Supreme Court of South Korea issued two opinions that staked new ground in this process of legal revision. First, by holding Japanese multinational enterprises legally liable for events that took place in the early 20th century, the verdicts fissure a wall of corporate impunity that courts in Japan, the United States and many Western jurisdictions have erected over the past three decades. Second, by situating the decisions within Korea’s own colonial past, the judgments advance a post-colonial jurisprudence …
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis
Articles
Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does not have …
Cryptocurrency, Legibility, And Taxation, Amanda Parsons
Cryptocurrency, Legibility, And Taxation, Amanda Parsons
Publications
In Jarrett v. United States, a taxpayer in Tennessee is arguing that staking cryptocurrency did not result in him earning “income” under federal income tax law. This case illustrates the fundamental challenge that cryptocurrency and blockchain technology present for tax law. Wealth creation in the crypto space is not readily legible to the state. This absence of legibility threatens tax law’s reliance on placing economic activities into categories to determine how they should be taxed. Furthermore, this case highlights the harms Congress and Treasury are risking by not taking action on cryptocurrency taxation. The uncertainty and lack of guidance on …
Disaggregating Legislative Intent, Jesse M. Cross
Disaggregating Legislative Intent, Jesse M. Cross
Faculty Publications
In statutory interpretation, theorists have long argued that the U.S. Congress is a “they,” not an “it.” Under this view, Congress is plural and nonhierarchical, and so it is incapable of forming a single, institutional intent. Textualists contend that this vision of Congress means interpreters must move away from concerns about intent altogether, and that they instead should speak in the register of textualism and its associated constitutional values, such as notice and congressional incentivization.
However, even if legislators’ intentions never coalesce into an institutional intent, a disaggregated-intent theory of legislation remains possible. Under this theory, statutes are understood as …