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Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin University of Miami School of Law

Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin

Fordham Law Review

When you hear the word “terrorist,” who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that “terrorists are always (brown) Muslims.” The second is that “white people are never terrorists.” Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …

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Sex Education And Rape, Michelle J. Anderson CUNY School of Law

Sex Education And Rape, Michelle J. Anderson

Michigan Journal of Gender & Law

In the law of rape, consent has been and remains a gendered concept. Consent presumes female acquiescence to male sexual initiation. It presumes a man desires to penetrate a woman sexually. It presumes the woman willingly yields to the man's desires. It does not presume, and of course does not require, female sexual desire. Consent is what the law calls it when he advances and she does not put up a fight. I have argued elsewhere that the kind of thin consent that the law focuses on is not enough ethically and it should not be enough legally to justify …

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Breaking The Silence On Father-Daughter Sexual Abuse Of Adolescent Girls: A Case Law Study, Janine Benedet, Isabel Grant Allard School of Law at the University of British Columbia

Breaking The Silence On Father-Daughter Sexual Abuse Of Adolescent Girls: A Case Law Study, Janine Benedet, Isabel Grant

All Faculty Publications

Adolescent girls are targeted for sexual violence at a rate higher than females at any other life stage. Girls most often face sexual violence at the hands of men that they know and trust within their own families, yet this type of abuse has largely evaded scrutiny from the #MeToo movement. In this article, the authors seek to revitalize the discussion of sexual abuse against adolescent girls by their fathers. The article is part of a larger study that examined all Canadian judicial decisions involving sexual offences against girls between the ages of twelve and seventeen inclusive over a three-year …

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Studi Kasus Tindak Pidana Pasar Modal Pada Pt Reliance Securities, Tbk Dan Pt Magnus Capital, Vicky Prayitno Universitas Indonesia

Studi Kasus Tindak Pidana Pasar Modal Pada Pt Reliance Securities, Tbk Dan Pt Magnus Capital, Vicky Prayitno

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Capital market is one of the national development tools that nowdays has growed rapidly and its existence has become one of the financing alternatives in national development. The runs of the capital market can not be seperated from its possiblities of criminal act that harm the investor and society. Capital market crime’s character is well-organised and involving certain parties like other white collar crimes, therefore the resolution and responsibility is also terribly complex since the case involves those related parties in that crime. One of the enticing violations in the capital market was a fraud case committed by Larasati (one …

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Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble Seattle University School of Law

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

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Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr University of British Columbia and Canadian Institute for Advanced Research

Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr

Articles

Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher than …

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Perbandingan Sistem Hukum Civil Law Dan Common Law Dalam Penerapan Yurisprudensi Ditinjau Dari Politik Hukum, Praise Juinta W.S. Siregar Komisi Pemilihan Umum Republik Indonesia

Perbandingan Sistem Hukum Civil Law Dan Common Law Dalam Penerapan Yurisprudensi Ditinjau Dari Politik Hukum, Praise Juinta W.S. Siregar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The legal system is related to the concept of law, where the two things have an inseparable relationship with each other. In principle, the legal system regulates the life of a community so that conflicts do not occur, where if the conflict is unavoidable, then the legal system has an important role in resolving the conflict. The legal system in the judiciary has a major influence in the application of the law, especially for judges in examining and deciding a case. The Panel of Judges in deciding a case will definitely pay close attention to the legal system in its …

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Moral Foundation Theory And The Law, Colin Prince Seattle University School of Law

Moral Foundation Theory And The Law, Colin Prince

Seattle University Law Review

Moral foundation theory argues that there are five basic moral foundations: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. These five foundations comprise the building blocks of morality, regardless of the culture. In other words, while every society constructs its own morality, it is the varying weights that each society allots to these five universal foundations that create the variety. Haidt likens moral foundation theory to an “audio equalizer,” with each culture adjusting the sliders differently. The researchers, however, were not content to simply categorize moral foundations—they have tied the foundations to political leanings. And it is …

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The Restatement (Second) Of Contracts Reasonably Certain Terms Requirement: A Model Of Neoclassical Contract Law And A Model Of Confusion And Inconsistency, Daniel P. O'Gorman Barry University

The Restatement (Second) Of Contracts Reasonably Certain Terms Requirement: A Model Of Neoclassical Contract Law And A Model Of Confusion And Inconsistency, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

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Politik Hukum Dalam Penegakan Hukum Di Indonesia, Anita Anita Universitas Indonesia

Politik Hukum Dalam Penegakan Hukum Di Indonesia, Anita Anita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Law is a guide and rules related to the concept of social life and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that the law is always faced with the question of whether the law can bring about justice. In relation to the legal concept, legal politics is defined as an activity that determines the patterns and methods of shaping law, supervises the operation of the law, and reforms the law for the purposes of the State. Therefore, law is a determinant of politics, and is also …

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The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng WANG, Simin GAO 2024 Singapore Management University

The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao

Research Collection Yong Pung How School Of Law

Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …

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The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell 2024 Washington and Lee University

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

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Housing Equity In Golden Gate Village, Nicole White 2024 Dominican University of California

Housing Equity In Golden Gate Village, Nicole White

Social Justice | Senior Theses

For generations, the African American community has faced many forms of housing discrimination that have created major inequalities in their everyday lived experiences (Lockwood, 2020). This study explores the long-lasting effects of discriminatory housing policies in creating disparate housing conditions within the public housing community in Marin City called Golden Gate Village, as well as the role of the Marin Housing Authority in practices of displacement and neglect. The methodology for the study included seven different interviews with Golden Gate Village residents to obtain knowledge about the community as well as grasp an understanding of the lived experiences of the …

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Data Privacy And Security Implications Of A U.S. Central Bank Digital Currency (Cbdc), Rhianna Ross 2024 Seton Hall University

Data Privacy And Security Implications Of A U.S. Central Bank Digital Currency (Cbdc), Rhianna Ross

Student Works

No abstract provided.

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Muzzling Backyard Breeding To Enhance Puppy Protection: Ethical Issues Associated With Unregulated Breeding Practices, Elissa Johnson 2024 Seton Hall University

Muzzling Backyard Breeding To Enhance Puppy Protection: Ethical Issues Associated With Unregulated Breeding Practices, Elissa Johnson

Student Works

No abstract provided.

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Reforming State Policies On Sex Education Through Local Elections: Navigating The Intersection Of Parental Rights And The Fourteenth Amendment, Alyssa Duffy 2024 Seton Hall University

Reforming State Policies On Sex Education Through Local Elections: Navigating The Intersection Of Parental Rights And The Fourteenth Amendment, Alyssa Duffy

Student Works

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Age Of Third-Party Funding: Time For States To Permit And Regulate Third-Party Funding In Arbitration, Jeremy Smith 2024 Seton Hall University

Age Of Third-Party Funding: Time For States To Permit And Regulate Third-Party Funding In Arbitration, Jeremy Smith

Student Works

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Intellectual Property Law And International Arbitration, Siqi Li 2024 Seton Hall University

Intellectual Property Law And International Arbitration, Siqi Li

Student Works

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The Blue Cross Blue Shield Antitrust Saga: How The Recent Class Action Settlement Will Impact Competition Among Health Insurers, Zachary M. Benson 2024 Seton Hall University

The Blue Cross Blue Shield Antitrust Saga: How The Recent Class Action Settlement Will Impact Competition Among Health Insurers, Zachary M. Benson

Student Works

No abstract provided.

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Trafficking In Persons And The International Criminal Court: Amending The Rome Statute To Include A Fifth Core Crime, Amber Joy Wiens 2024 Seton Hall University

Trafficking In Persons And The International Criminal Court: Amending The Rome Statute To Include A Fifth Core Crime, Amber Joy Wiens

Student Works

No abstract provided.

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Organs For Sale: Does Autonomy Necessitate The Right To Commodify?, Reghan Pattwell 2024 Seton Hall University

Organs For Sale: Does Autonomy Necessitate The Right To Commodify?, Reghan Pattwell

Student Works

No abstract provided.

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The World’S Inaction Perpetuates Eritrean Slavery: An International Legal Community Issue, Ruchi Behera 2024 Seton Hall University

The World’S Inaction Perpetuates Eritrean Slavery: An International Legal Community Issue, Ruchi Behera

Student Works

No abstract provided.

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Drug Testing And Cannabis Impairment In The Workplace: Exploring Employment Protections For Recreational Cannabis Users In The United States, Dana Lechleiter 2024 Seton Hall University

Drug Testing And Cannabis Impairment In The Workplace: Exploring Employment Protections For Recreational Cannabis Users In The United States, Dana Lechleiter

Student Works

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The Delicate Relationship Between Sports Wagering And College Sports, Zachary Williams 2024 Seton Hall University

The Delicate Relationship Between Sports Wagering And College Sports, Zachary Williams

Student Works

No abstract provided.

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Is Defensive Medicine Increasing Or Decreasing Risk Of Lawsuits, Alec Mais 2024 Seton Hall University

Is Defensive Medicine Increasing Or Decreasing Risk Of Lawsuits, Alec Mais

Student Works

No abstract provided.

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Platonic, Thomistic, And Lockean Thought And The Law On Solitary Confinement, Matthew D. Schwartz 2024 Seton Hall University

Platonic, Thomistic, And Lockean Thought And The Law On Solitary Confinement, Matthew D. Schwartz

Student Works

No abstract provided.

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A Fundamentally Alienable Right:# How The Kelo Decision Put A Price On The Right To Property, Brian M. Moon 2024 Seton Hall University

A Fundamentally Alienable Right:# How The Kelo Decision Put A Price On The Right To Property, Brian M. Moon

Student Works

No abstract provided.

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An Issue Of Intent: The Struggles Of Proving Genocide, Nicholas Owens 2024 Seton Hall University

An Issue Of Intent: The Struggles Of Proving Genocide, Nicholas Owens

Student Works

No abstract provided.

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Concussions And Collegiate Sports: Can The Ncaa Be Held Accountable?, Isabella M. Smith 2024 Seton Hall University

Concussions And Collegiate Sports: Can The Ncaa Be Held Accountable?, Isabella M. Smith

Student Works

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Lifting The Shield Of Tribal Sovereign Immunity: Age Discrimination Claims Against Tribes As Employers And Other Issues For Congress To Consider, Nicole Chamberlain 2024 Seton Hall University

Lifting The Shield Of Tribal Sovereign Immunity: Age Discrimination Claims Against Tribes As Employers And Other Issues For Congress To Consider, Nicole Chamberlain

Student Works

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Loyola University Chicago, School of Law

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Isabel Grant Allard School of Law at the University of British Columbia

Janine Benedet Allard School of Law at the University of British Columbia

Richard Posner University of Chicago Law School

Cass Sunstein University of Chicago Law School

Eric Posner University of Chicago Law School

Anthony D'Amato Northwestern University School of Law

Erwin Chemerinsky UC Irvine School of Law

Richard Epstein University of Chicago Law School

Gerald Lebovits New York Law School

Tom Ginsburg University of Chicago Law School

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