Other Law Commons^™

Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi

Barry Law Review

No abstract provided.

Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic

Barry Law Review

No abstract provided.

Find My Criminals: Fourth Amendment Implications Of The Universal Cell Phone "App" That Every Cell Phone User Has But No Criminal Wants, Christopher Joseph

Barry Law Review

No abstract provided.

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.

Reposisi Pemberian Kuasa Dalam Konsep “Volmacht Dan Lastgeving” Berdasarkan Cita Hukum Pancasila, Pieter E. Latumeten

Jurnal Hukum & Pembangunan

The dynamic development of mandate as a contract that brings forth representation is disaccord with the definition and norm of lastgeving under Indonesian Civil Code. This research has a goal to unravel such issue by pointing out of that there is a need for repositioning in the form concept renewal for the definition and norm of mandate contract under Indonesian Civil Code that is line with our philosophical foundation (rechtsidee), which is Pancasila. Juridical normative methodology carries out of the repositioning by examining the principles, its own concept as a postivie law and meta juridical, and with the help of …

Putusan Pengadilan Pidana Sebagai Dasar Pengajuan Gugatan Perbuatan Melawan Hukum Terkait Pelaksanaan Uang Pengganti, Sri Laksmi Anindita, Lazuardi Adnan

Jurnal Hukum & Pembangunan

Since Indonesia has known and enforced the concept of tort, an act regarded as tort is not only actions contrary to the law, but an act that violates the principles of propriety, the principles of thoroughness and cautionary principle also included in tort. Around 2010, it was found that the act of not fulfilling the decision of court which has binding power associated for compensatory money in cases of corruption becomes the basis of a tort lawsuit, where the problem is that court verdict is not a main legal source for countries which adopt civil law such as Indonesia. Therefore, …

Menolak Mafia Peradilan: Menjaga Integritas Hakim-Menyelaraskan Perbuatan Dan Nuraninya, Eman Suparman Prof.

Jurnal Hukum & Pembangunan

The terminology is not only just a figment or slander. In fact, its present has been confirmed by the establishment of the Judicial Mafia Eradication Task Force by President Susilo Bambang Yudhoyono. Lately, some important events have occurred in Indonesian judiciary organs. The welfare improvement program for judges, which was manifested by the Judicial Commission, Government and Parliament of the Republic of Indonesia in the form of increased allowances of judges, has not been able to significantly erode the corrupt behavior of some unscrupulousgreedy judges.Therefore, in order to respond to the objective conditions that occur lately, the President of the …

The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood

Barry Law Review

No abstract provided.

The Limits Of Performance-Based Regulation, Cary Coglianese

University of Michigan Journal of Law Reform

Performance-based regulation is widely heralded as a superior approach to regulation. Rather than specifying the actions regulated entities must take, performance-based regulation instead requires the attainment of outcomes and gives flexibility in how to meet them. Despite nearly universal acclaim for performance-based regulation, the reasons supporting its use remain largely theoretical and conjectural. Owing in part to a lack of a clear conceptual taxonomy, researchers have yet to produce much empirical research documenting the strengths and weaknesses of performance-based regulation. In this Article, I provide a much-needed conceptual framework for understanding and assessing performance-based regulation. After defining performance-based regulation and …

Donor Advised Funds: Charitable Spending Vehicles For 21st Century Philanthropy, Roger Colinvaux

Washington Law Review

The donor advised fund (DAF) is changing longstanding giving norms in United States philanthropy. DAF contributions now account for around 8.4% of giving by individuals in the U.S. Over half of those contributions go to national DAF sponsors that have relationships with large commercial investment firms like Fidelity, Vanguard, and Schwab. This Article seeks to advance the understanding of the donor advised fund and to address two of the main policy questions: whether to require a mandatory distribution of funds by DAFs and their sponsoring organizations and how to respond to the increased use of DAFs for noncash charitable contributions. …

Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon

Barry Law Review

No abstract provided.

Pepperdine Law Review Volume 44 Masthead, Helen Andrews

Pepperdine Law Review

No abstract provided.

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Catholic University Law Review

When individuals in the United States face civil justice issues, they are not entitled to legal counsel and therefore must secure paid counsel, proceed pro se or qualify for free legal assistance. As a result of the economic downturn, the number of Americans who are unable to afford legal counsel is now at an all-time high. In response to this ever-widening justice gap, the public interest community has launched multiple initiatives to supplement the underfunded legal aid system. Though valiant, this article argues that this approach has unfortunately created a complex, fragmented and overlapping delivery system for legal aid. This …

Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke

Indiana Journal of Constitutional Design

In the summer of 2015, Iraqi citizens took to the streets in protest. After going without essential services, such as electricity, in the sweltering heat and after enduring corruption that undermined Iraqi forces battling the Islamic State, these citizens called for meaningful changes in the management of the Iraqi government and for the fulfillment of “democratic aspirations” enshrined in the Iraqi Constitution. In response to these protests, Iraqi Prime Minister, Haider al-Abadi, proposed sweeping reform measures to combat the decisive divides in the current administration. These reforms called for drastic change—including the elimination of the vice-president and deputy prime minister …

Egg Donation: Whether A Woman Has A Property Right In Her Own Egg And How Donors Should Be Taxed, Richard Gano

Loyola of Los Angeles Law Review

No abstract provided.

Major League Soccer As A Case Study In Complexity Theory, Steven A. Bank

Florida State University Law Review

Major League Soccer has long been criticized for its “Byzantine” roster rules and regulations, rivaled only by the Internal Revenue Code in its complexity. Is this criticism fair? By delving into complexity theory and the unique nature of the league, this Article argues that the traditional complaints may not apply in the context of the league’s roster rules. Effectively, critics are applying the standard used to evaluate the legal complexity found in rules such as statutes and regulations when the standard used to evaluate contractual complexity is more appropriate. Major League Soccer’s system of roster rules is the product of …

Deflategate: Tom Brady's Battle Against The Nfl And Arbitration, David Berger

Loyola of Los Angeles Law Review

No abstract provided.

The Return Of The Unprovided-For Case, Michael S. Green

Georgia Law Review

The unprovided-for case is a puzzle that arises under
governmental interest analysis, the predominant choice-of-

law approach in the United States. As its name suggests,
in the unprovided-for case the law of no jurisdiction seems
to apply. There is a gap in the law. After its discovery by
Brainerd Currie in the 1950s, the unprovided-for case
proved to be an embarrassment for interest analysts and a
focal point for critics.
In 1989, however, Larry Kramer published an argument
that the unprovided-for case is a myth. There is no gap in
the law. Kramer's argument has been well-received, so
much so …

Editorial Board And Table Of Contents

Child and Family Law Journal

No abstract provided.

How Social Media Is Affecting The Lives Of Minors Including Current Legal Safeguards And Their Weaknesses, Erin Carpenter

Child and Family Law Journal

No abstract provided.

Hindering Permanency, One Ineffective Assistance Of Counsel Claim At A Time, Michael Andriano Esq.

Child and Family Law Journal

No abstract provided.

"Jury Of My Peers": The Significance Of A Racially Representative Jury For Juveniles In Adult Court, Clyde Lemon

Child and Family Law Journal

No abstract provided.

Quality Education For America’S Children With Disabilities: The Need To Protect Due Process Rights, Selene A. Almazan Esq., Andrew A. Feinstein Esq., Denise Stile Marshall M.S.

Child and Family Law Journal

No abstract provided.

Florida Adoption Intervention Statute: Balancing The Constitutional Rights Of The Parents With The Best Interest Of The Dependent Child, Taylor Smith

Child and Family Law Journal

No abstract provided.

Blurring Professional Borders In Service Of Anti-Poverty Collaboration: Combining Social Work Skills And An Anti-Oppressive Feminist Lens With Legal Aid, Andrew C. Schoeneman

The Journal of Sociology & Social Welfare

The history of legal aid is contested and gendered. Like social work, since the late 1800s professionalization and broader political forces have pushed legal aid toward greater focus on individual-level interventions to alleviate poverty. As a result, the capacity of contemporary legal aid programs to work collaboratively with low-income communities to address their legal and non-legal concerns is limited. This article traces the shared histories and commitments of legal aid and social work, calls for an increased collaboration between legal aid programs and social workers, and proposes an anti-oppressive, feminist theoretical perspective to guide this collaboration. By embracing collaboration across …

Identity Crisis: The Misclassification Of California Uber Drivers, Benjamin Powell

Loyola of Los Angeles Law Review

The Uber ridesharing service is synonymous with the rise of mobile application-based services. This business model has spurred a number of novel legal questions, particularly surrounding the proper identification of Uber drivers. Are they employees, guaranteed the ample protections and workers' rights under California law? Or independent contractors, less subject to employer control, but without the same protections the State provides to employees? With the proliferation of these types of services, answering this question is of critical importance, both to current Uber drivers as well as the countless others who will enter this rapidly-developing field in the coming years. This …