Law Commons^™

The Promised Land Is On The Horizon: The Fix Crowdfunding Act Will Implement Small Changes That Could Make A Big Impact On Investors And Businesses Alike, Michaela Smith

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Sb 17 - Alcoholic Beverages, Lauren A. Newman, Erin N. Winn

Georgia State University Law Review

Georgia law previously allowed counties and municipalities to permit the sale of alcoholic beverages on Sundays from 12:30 P.M. until 11:30 P.M. This Act, deemed “the Brunch Bill,” authorizes the counties and municipalities that have affirmatively voted by referendum to sell alcoholic beverages on Sundays to sell them earlier, at 11:00 A.M., if approved by a second referendum vote. This change applies to restaurants that make at least 50% of their revenue from the sale of food and hotels, and Georgia wineries.

Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon

Georgia State University Law Review

The Act criminalizes the trafficking of elders, disabled adults, and residents for the purpose of appropriating their resources, such as Social Security and disability benefits. According to the Act, this conduct constitutes a felony and those convicted could serve up to twenty years in prison or receive a fine of up to $100,000, or both. The Act defines relevant terms, exempts physicians and other health care providers who act pursuant to lawful authorization, and repeals all conflicting laws.

If It Is Broken, You Should Not Fix It: The Threat Fair Repair Legislation Poses To The Manufacturer And The Consumer, Marissa Macaneney

St. John's Law Review

(Excerpt)

This Note argues that fair repair legislation is not fair for manufacturers, and suggests that legislators look to a solution that has proved workable in an analogous context in the automobile repair industry. Part I outlines the history of the electronic device repair market and discusses the proposed state legislation. It concludes that federal copyright law is insufficient, current state proposals are flawed, and that a different solution is necessary. Part II will discuss alternate solutions in the automobile industry, legislation tailored to the agriculture industry, and recent concessions by a well-known manufacturer. Part III will propose a standardized …

Tactful Inattention: Erving Goffman, Privacy In The Digital Age, And The Virtue Of Averting One's Eyes, Elizabeth De Armond

St. John's Law Review

(Excerpt)

This Article suggests that we would benefit if we would protect privacy by sometimes requiring tactful inattention by potential users rather than total secrecy by the target. That is, some legal privacy protections should stop emphasizing secrecy and instead emphasize the appropriate uses of personally identifiable and often sensitive information by gelling tactful inattention into legal standards. Culturally, such an expansion may be difficult, as we tend to a “finders-keepers” attitude towards data. However, given technology’s ability to dissolve routine barriers, if we require others to leave some information out of some equations, we may be able to retain …

Peacebuilding Through Food Recovery, Angela Hackstadt

University Libraries Faculty Scholarship

The United States wastes approximately 133 billion pounds of food annually while 15 million American households are food insecure. Current and proposed U.S. legislation attempts to encourage food recovery efforts to address both of these problems by incentivizing donation of surplus foods by businesses to charitable organizations, yet legislation has failed to deliver. Food insecure individuals who use food banks or other safety net programs are often required to provide personal information and are subject to scrutiny in the process of acquiring food. Information can be leveraged in different ways to stigmatize or marginalize those in need. This presentation discusses …

Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Whole-Of-Society Approach Needed Against Truth Decay, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

In an age of pervasive informationflows, governments do not defeat fake news. It's the people as a society whodo.The threatof deliberate falsehoods, or more popularly "fake news", posesserious threats to the democratic wellbeing of societies. The marketplace ofideas increasingly suffers from truth decay, propagated online or offline,imperilling an already vulnerable information ecosystem. In turn,this compromises the functioning of a democracy, which is premised on citizenshaving a shared reality rather than multiple distorted realities.

How Should Congress Respond To Mcdonnell?, David Yassky, Kathleen Clark, Allen Dickerson, Jennifer Rodgers

Pace Law Review

Discussion of question of whether McDonnell was essentially right or wrong. Should Congress act to change the McDonnell rule? Should the Supreme Court reconsider it? What would be an alternative or a better way, if there is one, to approach the question of public corruption prosecution?

F18rs Sgb No. 4 (Responsibilities), Jack Green

Student Senate Enrolled Legislation

No abstract provided.

When Courts Should Ignore Statutory Text, Jesse M. Cross

Faculty Publications

Statutory interpreters often rely upon a fundamental assumption: namely, that every word of a statute is meant to be read — and given legal force — by the courts. This assumption unites both textualists and intentionalists, and it has been invoked by Justices as diverse as Chief Justice Marshall, Justice Stevens, and Justice Scalia — the last of whom called it a “cardinal rule of statutory interpretation.” It underpins at least nine separate canons of statutory interpretation, and it even shapes how courts interpret legislative documents beyond statutes. It is difficult to imagine a more central assumption in statutory interpretation. …

Reassessing The Constitutional Foundation Of Delegated Legislation In Canada, Lorne Neudorf

Dalhousie Law Journal

This article assesses the constitutionalfoundation by which Parliament lends its lawmaking powers to the executive, which rests upon a century-old precedent established by the Supreme Court of Canada in a constitutional challenge to wartime legislation. While the case law demonstrates that courts have continued to follow this earlyprecedent to allow theparliamentary delegation of sweeping lawmaking powers to the executive, it is time for courts to reassess the constitutionality ofdelegation in light ofCanada's status as a liberal democracy embedded within a system of constitutional supremacy. Under the Constitution of Canada, Parliament is placed firmly at the centre ofpublic policymaking by being …

Case Comment: Heller V. Uber Technologies Inc., Peter Quon

Dalhousie Law Journal

Canadian courts have accepted mandatory arbitration clauses as presumptively enforceable unless there is legislation that precludes their application. This position was confirmed by the Supreme Court in Seidel v. TEL US CommunicationsInc. In Heller v. Uber Technologies Inc., the Ontario Court of Appeal considered an arbitration clause in the context of legislation following the approach in Seidel, but the Court also undertook an unconscionability analysis. Reviewing a motion that was granted to stay a class action proceeding in favour of an arbitration clause, the Court unanimously held that the clause was invalid on two separate grounds. First, the arbitration clause …

Buffalo Field Campaign V. Zinke, Hallee C. Kansman

Public Land & Resources Law Review

Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.

If Anti-Discrimination Laws Are On The Books, Then Why Do Women Not Sue? A Look Into The Almost Absent Gender Discrimination Litigation In Brazil, Cesar Zucatti Pritsch

ILSA Journal of International & Comparative Law

No abstract provided.

Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell

Thomas W. Mitchell

Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …

Brief Review Of National Legislation In The Sphere Of Combating Human Trafficking, R Gafurov

ProAcademy

The a rticle b rie fly review s the leg isla tio n o f the R epublic o f U zbekistan in the fie ld o f co m b a tin g hum an trafficking. The co nte nt a n d requirem ents o f the m ain le g a l acts a im e d a t the p revention a n d suppression o f offenses re la te d to hum an trafficking, as w e ll as the p ro te c tio n o f victims o f hum an trafficking, …

Rural Health, Universality, And Legislative Targeting, Nicole Huberfeld

Faculty Scholarship

Health disparities are persistent and worsening for rural communities, which have smaller patient populations with higher rates of uninsurance and greater incidence of the diseases and deaths of despair. Hospital closures and provider shortages are more common than in urban areas, also contributing to worsening population health and crises in maternal and infant health. This paper posits that these disparities are tied to the unique rural features of space and population. Efforts to address persistent problems in health care through universal legislation, such as the ACA, have given rural communities important tools to address some long-standing health problems by improving …

A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination, Anthony Michael Kreis

All Faculty Scholarship

Since 2006, the Illinois Human Rights Act has prohibited discrimination in employment because of an employee’s sexual orientation or gender identity. Until 2017, employees discriminated against because of their sexual orientation had no federal cause of action, however. In a landmark decision, Hively v. Ivy Tech, the Court of Appeals for the Seventh Circuit became the first appellate court to hold that federal law’s prohibition of sex discrimination in the workplace also proscribed sexual orientation discrimination. The Hively decision is a substantial departure from decades’ worth of Seventh Circuit precedent and created a split between the circuits. This Article examines …

A Fresh Look At Title Vii: Sexual Orientation Discrimination As Sex Discrimination, Anthony Michael Kreis

Anthony Michael Kreis

Legal Ethics And The Political Activity Of Government Lawyers, Andrew Martin

Articles, Book Chapters, & Popular Press

The ability to engage in political activity is an essential feature of a democratic society. However, the ability of government lawyers to do so is unclear. While most governments have passed legislation identifying permissible political activity of their employees, it is unclear how the professional obligations of lawyers apply in this context and how these professional obligations interact with this legislation. This article answers these questions. The duty of loyalty to the client requires most government lawyers to refrain from all political activity at the same level of government. The special professional obligations of Crown prosecutors require these lawyers to …

Rhode Island's Top Lawyer: Peter Kilmartin, Rwu Class Of 1998 5-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …

The New Tax Law In Context, Donald Roth

Faculty Work Comprehensive List

"Efforts must be undertaken to foster stability, even with the likely ongoing reality of substantial policy disagreement, and we absolutely have to face the hard realities of the challenges of debt in our current economic system."

Posting about ­­­­­­­­changes in taxation legislation 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/the-new-tax-law-in-context/

Fact-Checking Claims About Winners And Losers With New Tax Reform (Part Ii), Donald Roth

Faculty Work Comprehensive List

"Overall, the impact of the new tax law, judged independently, is not as dire as many public perceptions cast it."

Posting about ­­­­­­­­how taxation legislation affects American citizens 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/fact-checking-claims-about-winners-and-losers-with-new-tax-reform-part-ii/

Foreseeably Unclear: The Meaning Of The "Reasonably Foreseeable" Criterion For Access To Medical Assistance In Dying In Canada, Jocelyn Downie, Kate Scallion

Dalhousie Law Journal

Canada's medical assistance in dying legislation contains the eligibility criterion "naturaldeath has become reasonably foreseeable." The phrase "reasonably foreseeable" is unfamiliar and unclear. As a result of ongoing confusion about its meaning, there is reason to be concerned that under- or over-inclusive interpretations of the phrase are adversely affecting access to MAID. With critical interests at stake (eg access to MAiD and potential criminal liability), it is essential that the meaning of the phrase be clarified. Furthermore, the meaning of "reasonably foreseeable" will be at issue in the Charter challenges to the federal MAiD legislation currently before the courts in …

Trying And Dying: Are Some Wishes At The End Of Life Better Than Others?, Oliver J. Kim

Dalhousie Law Journal

In the United States, efforts to create a "rightto try," or to provide access for the terminally ill to try experimental drugs, have seen overwhelming success in passing state legislatures. This success provided the foundation for advocates' long-term goal of a federal right to try. Yet proposals ranging from very modest advance-care-planning consultations to the "rightto die,"or medical aid in dying, face steep political challenges despite seeming public support. This paper discusses the legal underpinnings of both "rights" and the current political and policy debate over each. More often than not, these "rights" are grantedthrough legislation rather than judicial decisions, …

The Animal Protection Commission: Advancing Social Membership For Animals Through A Novel Administrative Agency, John Maccormick

Dalhousie Law Journal

If the state sought to improve law's treatment of nonhuman animals, what form should its intervention take? This paper questions the assumption that the state would have to choose between incremental welfare reforms and an immediate transition to animal personhood. Drawing on Martha Nussbaum's capabilities theory and on Sue Donaldson and Will Kymlicka's political approach to animal rights, it argues that the focus should be on how the relationship between human and nonhuman animals can be improved. It suggests that the state could intervene by creating an administrative agency with just this task; and that it could look to labour …

Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Pirate Tales From The Deep [Web]: An Exploration Of Online Copyright Infringement In The Digital Age, Nicholas C. Butland, Justin J. Sullivan

University of Massachusetts Law Review

Technology has seen a boom over the last few decades, making innovative leaps that border on science fiction. With the most recent technological leap came a new frontier of intellectual property and birthed a new class of criminal: the cyber-pirate. This Article discusses cyber-piracy and its interactions and implications for modern United States copyright law. The Article explains how copyright law, unprepared for the boom, struggled to adapt as courts reconciled the widely physical perceptions of copyright with the digital information being transferred between billions of users instantaneously. The Article also explores how cyber-piracy has made, and continues to make, …