Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (2)
- Social Welfare Law (2)
- Administrative Law (1)
- Agency (1)
- Civil Rights and Discrimination (1)
-
- Constitutional Law (1)
- Environmental Law (1)
- First Amendment (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Immigration Law (1)
- Insurance Law (1)
- International Humanitarian Law (1)
- Internet Law (1)
- Judges (1)
- Jurisprudence (1)
- Military, War, and Peace (1)
- Nonprofit Organizations Law (1)
- President/Executive Department (1)
- Science and Technology Law (1)
- Torts (1)
- Keyword
-
- Copyright Hacking; Police; Copyright; Livestreaming; Social Media; Internet; YouTube; Congress; First Amendment; Free Speech; Video; Digital Millennium Copyright Act; Online Service Providers; Internet Service Providers; Eldred v. Ashcroft; Religious Technology Center v. Netcom; Copyright Act of 1976; Host Safe Harbor; Infringe; Infringement; Standard Technical Measures; Notice-and-Takedown; Good Faith Belief; Immunity; Lenz v. Universal Music Corporation; Artist; Fair Use; Algorithm; Enforcement; Content ID; Copyright Owner; Qualified Immunity; Pierson v. Ray; Harlow v. Fitzgerald; Clearly Established; Pearson v. Callahan; Frasier v. Evans; State Actors; Accountable; Accountability; Copyright Filtering System; Ex-ante; Ex-post (1)
- Health Law; Nursing Homes; New York; New Jersey; Massachusetts; Elder Law; Disability Rights; healthcare reform; healthcare; health; hospital; law; policy; COVID-19; elderly; insurance (1)
- Military; Sexual Assault; Federal Tort Claims Act; Feres v. United States; Incident; Service; Deference; Abuse; Spletstoser v. Hyten; Survivor; Accountable; Accountability; Combat; Military Values; Qualified Immunity; Negligence; Servicemembers; Sexual Misconduct; Feres Doctrine; Discipline; Brooks v. United States; United States v. Brown; Chisholm v. Georgia; Chimel v. California; United States v. Stanley; Incident; Dexheimer v. United States; Smith v. United States (1)
- Natural Disasters; Climate Change; Climate Crisis; Internal Displacement; Housing Insecurity; Internally Displaced Persons; Affordable Housing; Disaster Relief; Race; Communities of Color; Marginalized Communities; Immigrant; Migrate; Migration; Human Rights; Humanitarian; Guiding Principles on Internal Displacement; Right to Return; Right to Resettle; Internal Displacement Monitoring Centre; Hurricane Katrina; Federal Emergency Management Agency; Hurricane Harvey; Lindsey v. Normet; Housing Act; Department of Housing and Urban Development; Low-Income Housing Tax Credit; Government Accountability Office; Transitional Shelter Assistance; Disaster Housing Assistance Program; National Housing Trust Fund; Current Population Survey; American Community Survey; OnTheMap for Emergency Management; Census Business Builder: Regional Analyst Edition; National Oceanic and Atmospheric Administration (1)
- Particular Social Group; Board of Immigration Appeals; Asyum Seeker; Gang Members; Immutability; Immigration; Non-citizen; Persecuted; Persecution; Deportation; Immigration and Nationality Act; Matter of Acosta; Amaya v. Rosen; MS-13; Refugee Act of 1980; Chevron U.S.A.; Inc. v. Natural Resources Defense Council; Social Visibility; Particularity; Matter of C-A; Matter of A-M-E & J-G-U; Northern Triangle; Matter of A-R-C-G-; Gatimi v. Holder; Valdiviezo-Galdamez v. Attorney General of the United States; Valdiviezo-Galdamez; Immigration and Customs Enforcement; Border Protection; Anti-terrorism and Illegal Immigration Control Act of 2005 (1)
Articles 1 - 6 of 6
Full-Text Articles in Legislation
Weathering The Storm: Establishing Internally Displaced People’S Right To Affordable Housing In The Wake Of Natural Disasters, Raina Hasan
Journal of Law and Policy
In 2020, natural disasters caused more internal displacement than war; floods, storms, and wildfires caused thirty million new displacements globally, and 1.7 million in the U.S. alone. The data and history suggest that masses of people will be displaced every year and will face housing insecurity without any formal acknowledgement of their unique plight or a guarantee that internally displaced persons (“IDPs”) will have protected rights. This Note proposes that, considering the worsening climate crisis leading to more frequent and severe natural disasters, the U.S. should codify the rights of internally displaced people as laid out in the United Nations’ …
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Journal of Law and Policy
This Note discusses the flaws in the tripartite analysis to determine whether an asylum seeker satisfies the protected ground of “membership in a ‘particular social group’” (“PSG”). An applicant seeking a PSG determination must prove: (1) “immutability,” (2) “social distinction,” and (3) “particularity.” This Note argues that when PSG asylum claims are denied and appealed to the Board of Immigration Appeals (“BIA”), the BIA has incoherently tangled what is actually required in order to compel an affirmative PSG determination. One group of asylum seekers that has been significantly disadvantaged by this tripartite test is former gang members. This Note argues …
Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom
Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom
Journal of Law and Policy
This Note both explores the mechanisms and incentive structures that make “copyright hacking” possible and explains the legal system’s failure to provide recourse for victims of successful “copyright hacks” by police officers. Because the DMCA has failed to keep pace with the internet’s exponential growth, OSPs, such as YouTube, have developed filtering systems that can be exploited to “copyright hack” users and ultimately suppress their speech. A victim of “copyright hacking” by a police officer currently has no recourse; the doctrine of qualified immunity functionally precludes them from suing for violating their First Amendment rights. This Note proposes two possible …
When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady
When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady
Journal of Law and Policy
For seventy-two years, federal courts have barred military servicemembers who are survivors of sexual assault from recovery under the Federal Tort Claims Act (FTCA). The Feres doctrine, promulgated from the Supreme Court case Feres v. United States, became the foundation for federal courts’ decisions that sexual assault is incident to one’s service in the military. Courts’ over-deference to the military has enabled a system that turns a blind eye to perpetrators and abusive environments on bases. However, the Ninth Circuit recently turned the tide in FTCA cases, holding in Spletstoser v. Hyten that military sexual assault survivors should be permitted …
Administrative Deference And The Social Security Administration: Survey And Analysis, Nicholas M. Ohanesian
Administrative Deference And The Social Security Administration: Survey And Analysis, Nicholas M. Ohanesian
Journal of Law and Policy
The purpose of this article is to examine the role of administrative deference when decisions of the Social Security Administration are reviewed by federal courts. The concept of administrative deference to administrative agencies in federal courts goes back to the 1930’s during the rise of the New Deal—with the high-water mark reached by the Supreme Court in Chevron v. National Resources Defense Council. Since this point, there has been a growing chorus calling to re-examine or outright roll back the deference owed to these agencies when their decisions are reviewed in federal court. Prior to rewriting the standards, this article …
America’S Constant Crisis Of Care: The Case For Passing A National Direct Care Ratio For Nursing Homes, Marissa Espinoza
America’S Constant Crisis Of Care: The Case For Passing A National Direct Care Ratio For Nursing Homes, Marissa Espinoza
Journal of Law and Policy
For decades, the conditions in America’s nursing homes have been the subject of bombshell media reporting, governmental investigations, and public outrage. Longstanding issues—such as chronic staffing shortages and inadequate infection control measures—were laid bare as the COVID-19 pandemic tore through nursing homes, exposing society’s most vulnerable populations—the elderly and the sick—to appalling living conditions. Amid horrifying media reports documenting life inside nursing homes, and in response to mounting public outrage, legislators sprang into action. The most aggressive policy proposed was a direct care ratio, which caps the profits that nursing home owners can extract from facilities by mandating a minimum …