Law Commons^™

Deportations For Drug Convictions In The United States And The European Union: Creating A More Compassionate Approach Toward Drug Convictions In The Immigration Law, Megan Smith

San Diego International Law Journal

This Comment begins by examining and comparing the legal framework for deportation and other immigration consequences for convictions of drug offenses in the United States, the European Union, and the United Kingdom. This Comment then looks at the harsh effects of current immigration policy on individuals and marginalized communities. Finally, this Comment argues that immigration law should be reformed to adopt a more humanitarian approach toward non-citizens convicted of drug offenses. Deportation and other harsh immigration consequences for drug offenses levy disproportionately severe punishments toward vulnerable minority immigrant communities, exposing them to consequences much harsher than non-immigrants would face for …

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 …

Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood

University of Arkansas at Little Rock Law Review

No abstract provided.

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

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

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

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

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

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 …

Social Media Harms And The Common Law, Leslie Y. Garfield Tenzer

Elisabeth Haub School of Law Faculty Publications

This article finds fault with the judiciaries' failure to create a set of common law norms for social media wrongs. In cases concerning social media harms, the Supreme Court and lower courts have consistently adhered to traditional pre-social media principles, failing to use the power of the common law to create a kind of Internet Justice.

Part I of this article reviews social media history and explores how judicial decisions created a fertile bed for social media harm to blossom. Part II illustrates social media harms across several doctrinal disciplines and highlights judicial reluctance to embrace the realities of social …

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 …

Don't Ban The Bars: Why The South Carolina General Assembly Should Decline To Adopt A Revenue Requirement For Liquor Licenses, C. William Bootle Ii

South Carolina Law Review

No abstract provided.

Editor's Welcome, Kate Brennan

Legislation and Policy Brief

No abstract provided.

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

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

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.

An Iterative Theory Of The Legislative Process : A Case Study Of The New York State Commission On Prosecutorial Conduct, Kimberly M. Bernstein

Legacy Theses & Dissertations (2009 - 2024)

Prosecutors wield the power of the criminal justice system (Medwed, 2014) and the ability to deprive a person of their constitutional rights (Imbler v. Pachtman, 1976). With such power, it is unsurprising that a leading cause of miscarriages of justice is prosecutorial misconduct (e.g., Joy, 2006; Ridolfi & Possley, 2010). New York State became the first state in the country to respond to this issue with a specialized Commission on Prosecutorial Conduct (CPC). The goal of the CPC is to serve as an official mechanism for holding District Attorneys and Assistant District Attorneys accountable by challenging convictions and handing down …

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

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

Life of the Law School (1993- )

No abstract provided.

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

All Faculty Scholarship

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

Life of the Law School (1993- )

No abstract provided.

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

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

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 …

Giving The Equal Rights Amendment Teeth: A Proposal For Gender Equality Legislation Modeled After The Civil Rights Act Of 1964, Samantha Gagnon

St. John's Law Review

(Excerpt)

Contrary to the belief of eighty percent of Americans, the U.S. Constitution does not prohibit discrimination on the basis of sex. The effect of this lack of protection can be seen in every corner of our society, including economic inequalities and a lack of representation in leadership. For almost one hundred years, women’s organizations and activists have attempted to rectify this by advocating for the inclusion of an Equal Rights Amendment (ERA) in the Constitution. In the past few years, there has been a revived push for the ERA due to the amendment’s first congressional hearing in thirty-six years, …

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 …

Marketing Authorization At The Fda: Paradigms And Alternatives, Adam I. Muchmore

Journal Articles

In many critical industries, the Food and Drug Administration’s (FDA’s) marketing authorization decisions determine the range of products available in the United States. Because of the broad scope of the FDA’s marketing authorization responsibilities, the existing scholarship focuses on individual product categories, or small groups of product categories, regulated by the agency. This Article identifies how the existing literature has overlooked important connections between the FDA’s different marketing authorization programs. These connections suggest both explanations for existing programs and strategies for potential reforms.

The Article sets forth a two-level framework for analyzing the FDA’s marketing authorization role. At the first …