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Articles 31 - 60 of 123
Full-Text Articles in Jurisprudence
The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako
The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako
Georgia State University Law Review
The use of an array of scientific techniques and technologies is now considered customary within criminal justice, with technological developments and scientific advancements regularly added to the crime investigator’s arsenal. However, the scientific basis, reliability, and fallibility of the application of such “forensic science” (and the resulting scientific evidence) continues to come under intense scrutiny. In response to apparently irremediable problems with the quality of scientific evidence in the United Kingdom (UK), the government created the role of “Forensic Science Regulator” in 2007.
The introduction of a regulator was intended to establish quality standards for all forensic science providers in …
The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman
The First Amendment Case For Public Access To Secret Algorithms Used In Criminal Trials, Vera Eidelman
Georgia State University Law Review
As this Article sets forth, once a computerized algorithm is used by the government, constitutional rights may attach. And, at the very least, those rights require that algorithms used by the government as evidence in criminal trials be made available—both to litigants and the public. Scholars have discussed how the government’s refusal to disclose such algorithms runs afoul of defendants’ constitutional rights, but few have considered the public’s interest in these algorithms—or the widespread impact that public disclosure and auditing could have on ensuring their quality.
This Article aims to add to that discussion by setting forth a theory of …
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
St. Mary's Law Journal
Abstract forthcoming
Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas
Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas
St. Mary's Law Journal
Abstract forthcoming
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby
Sanctuary Cities And The Trump Administration: The Practical Limits Of Federal Power, Joshua W. Dansby
The Scholar: St. Mary's Law Review on Race and Social Justice
On January 25, 2017, President Donald J. Trump signed an executive order with the supposed purpose of enhancing public safety of the interior of the United States. Part of the Administration’s plan includes threatening “sanctuary jurisdictions,” also known as “sanctuary cities,” with the loss of federal funds for failing to comply with federal law, specifically 8 U.S.C. § 1373.
There are several problems with this plan: (1) there is no solid definition for what makes a city a “sanctuary;” (2) if we accept the Administration’s allusion that a sanctuary jurisdiction is one that “willfully” refuses to comply with 8 U.S.C. …
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo
Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan
The Context Of Violence: The Lautenberg Amendment & Interpretive Issues In The Gun Control Act, Rachel B. Polan
Brooklyn Law Review
Few areas of the law are as hotly debated as gun control, or as universally condemned as domestic violence – and the Supreme Court’s decisions on the Lautenberg Amendment address both. An amendment to the Gun Control Act, it prohibits persons convicted of a misdemeanor crime of domestic violence from owning a firearm. The amendment qualifies a predicate conviction as one that has a “force clause” as an element. In particular, while looking at the force in domestic violence, the Supreme Court has acknowledged that one must also look to context: a “squeeze of an arm” of an intimate partner …
Essay: Insiders, Outsiders, & Fair Access: Identifying Culpable Insider Trading, Jonathan D. Glater
Essay: Insiders, Outsiders, & Fair Access: Identifying Culpable Insider Trading, Jonathan D. Glater
Brooklyn Law Review
The Supreme Court’s insider trading doctrine has become increasingly convoluted as each effort to cope with novel fact patterns results in a new rule not tethered to principled understanding of the nature of the wrong committed. That this is not a terribly controversial claim is evidence of how far the Court’s jurisprudence has drifted. This essay proposes that the early error was abandonment of concern for third parties who trade on exchanges but who do not enjoy legal access to information possessed by insiders or tippees who receive information from insiders. The Court’s error, the essay contends, rests on a …
Importing Uniform Sales Law Into Article 2, Steven Walt
Importing Uniform Sales Law Into Article 2, Steven Walt
Barry Law Review
No abstract provided.
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman
Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman
Barry Law Review
No abstract provided.
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White
Barry Law Review
No abstract provided.
Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg
Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg
Barry Law Review
No abstract provided.
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White
The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White
Barry Law Review
No abstract provided.
Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel
Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel
Barry Law Review
No abstract provided.
The Myth Of Trade Usages: A Talk, Lisa Bernstein
The Myth Of Trade Usages: A Talk, Lisa Bernstein
Barry Law Review
No abstract provided.
Foreword, Leticia Diaz
The Husky Case: Fraud, Bankruptcy, And Veil Piercing, Harvey Gelb
The Husky Case: Fraud, Bankruptcy, And Veil Piercing, Harvey Gelb
Brooklyn Journal of Corporate, Financial & Commercial Law
A recent Supreme Court decision, Husky International Electronics, Inc. v. Ritz, explores the meaning of the word “fraud” under a federal bankruptcy statutory section. That section uses the term “actual fraud,” and bears upon the question of whether a particular debt should be denied a discharge. The Court’s approach in defining fraud affords guidance to the question of defining fraud under other statutes. The Husky case also raised a veil piercing issue to be dealt with on remand. That issue involved the application of Texas statutory law precluding veil piercing in cases brought by contract creditors unless they were victims …
Patent Transfer And The Bundle Of Rights, Andrew C. Michaels
Patent Transfer And The Bundle Of Rights, Andrew C. Michaels
Brooklyn Law Review
When patents subject to a license agreement are transferred, to what extent do the benefits and burdens of the license agreement run with the patent? Courts have stated that those aspects of the agreement relating to “actual use” of the patent or invention are encumbrances running with the transferred patent. But this doctrinal test is not consistently applied and is not up to the task of clearly and consistently delineating the extent to which patent license agreements run with transferred patents. Conceptualizing the patent as a bundle of Hohfeldian Rights to exclude, this article proposes a more coherent framework for …
Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham
Whistleblowers—A Case Study In The Regulatory Cycle For Financial Services, Ronald H. Filler, Jerry W. Markham
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission and the Commodity Futures Trading Commission were directed by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) to create whistleblower protection programs that reward informants with massive bounty payments. At the time of its passage, the Dodd-Frank Act was a highly controversial statute that was passed on partisan lines. Its whistleblowing authority was one of its “most contentious provisions.” As the result of the 2016 elections, the Dodd-Frank Act has come under renewed attack in Congress and by the new Trump administration. The stage is being set for possible repeal of …
Foreword, Daniel B. Rodriguez
Foreword, Daniel B. Rodriguez
Northwestern University Law Review
No abstract provided.
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Texas A&M Law Review
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather …
Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania
Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania
Michigan Law Review
The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case?
The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather than consider whether …
The Rhetorical Canons Of Construction: New Textualism's Rhetoric Problem, Charlie D. Stewart
The Rhetorical Canons Of Construction: New Textualism's Rhetoric Problem, Charlie D. Stewart
Michigan Law Review
New Textualism is ascendant. Elevated to prominence by the late Justice Antonin Scalia and championed by others like Justice Neil Gorsuch, the method of interpretation occupies an increasingly dominant place in American jurisprudence. Yet, this Comment argues the proponents of New Textualism acted unfairly to reach this lofty perch. To reach this conclusion, this Comment develops and applies a framework to evaluate the rhetoric behind New Textualism: the rhetorical canons of construction. Through the rhetorical canons, this Comment demonstrates that proponents of New Textualism advance specious arguments, declare other methods illegitimate hypocritically, refuse to engage with the merits of their …
Forgotten Cases: Worthen V. Thomas, David F. Forte
Forgotten Cases: Worthen V. Thomas, David F. Forte
Cleveland State Law Review
According to received opinion, the case of the Home Bldg. & Loan Ass’n v. Blaisdell, decided in 1934, laid to rest any force the Contract Clause of the United States Constitution had to limit state legislation that affected existing contracts. But the Supreme Court’s subsequent decisions belies that claim. In fact, a few months later, the Court unanimously decided Worthen v. Thomas, which reaffirmed the vitality of the Contract Clause. Over the next few years, in twenty cases, the Court limited the reach of Blaisdell and confirmed the limiting force of the Contract Clause on state legislation. Only …
Using The Master’S Tool To Dismantle His House: Derrick Bell, Herbert Wechsler, And Critical Legal Process, William Rhee
Using The Master’S Tool To Dismantle His House: Derrick Bell, Herbert Wechsler, And Critical Legal Process, William Rhee
Concordia Law Review
This Article retells the life stories of Derrick Bell, a founder of Critical Race Theory, and Herbert Wechsler, a founder of the Legal Process School, to suggest a synthesis of their often conflicting paradigms—Critical Legal Process. Critical Legal Process’s fundamental question is whether the Master’s tool, the so-called rule of law, can be considered—in the words of Wechsler’s most famous article—a genuine “neutral principle.” Can the Master’s favorite tool be repurposed to dismantle the very house it built? Can the same rule of law that was abused to build the racist Jim Crow system not only dismantle that explicitly racist …
Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous
Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous
Themis: Research Journal of Justice Studies and Forensic Science
This paper seeks to analyze the experience of male-to-female transgender inmates housed in men’s prisons and to propose housing and healthcare policies with humanity and safety for all in mind. To do this, the paper examines gender dysphoria and its treatments, transgender prisoners’ increased risk of victimization, current housing placement policies, and lastly, transgender prison healthcare practices. Ultimately, this paper proposes the use of fair and adequately trained panel-based placement teams, the provision of comprehensive mental and physical health care and the establishment of impartial grievance procedures.
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned
Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned
Environmental and Earth Law Journal (EELJ)
No abstract provided.
From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall
From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall
Environmental and Earth Law Journal (EELJ)
No abstract provided.