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Between An Abercrombie Rock And A Hard(Ison) Place: Muslim Head Coverings, Corporate Dress Policies, And The Unresolved Tensions Between Workplace Religious Accommodation And Undue Hardship, Richard D. Crane 2023 Seton Hall University

Between An Abercrombie Rock And A Hard(Ison) Place: Muslim Head Coverings, Corporate Dress Policies, And The Unresolved Tensions Between Workplace Religious Accommodation And Undue Hardship, Richard D. Crane

Student Works

No abstract provided.


Post V. Pre Arrest: A Diversionary Drug War, Angelica B. Manos 2023 Seton Hall University

Post V. Pre Arrest: A Diversionary Drug War, Angelica B. Manos

Student Works

No abstract provided.


Dual Fiduciaries: Unicorns, Corporate Law And The New Frontier, Anat Alon-Beck 2023 Case Western University School of Law

Dual Fiduciaries: Unicorns, Corporate Law And The New Frontier, Anat Alon-Beck

Faculty Publications

Legal and regulatory structures influence the shift in equities in the United States from public markets to private markets, entrepreneurial opportunities and new firm formation. There is a rise in the number of “unicorn” firms, which are privately held venture-capital backed startups that are valued at $1 billion or more. The number of unicorns in the United States and overseas has grown exponentially over the last few years. This chapter discusses the rise of the unicorns and with it the increasing importance of corporate governance and fiduciary duties. There are new vertical and horizontal conflicts among common and preferred shareholders ...


Racial Transitional Justice In The United States, Yuvraj Joshi 2023 Allard School of Law at the University of British Columbia

Racial Transitional Justice In The United States, Yuvraj Joshi

All Faculty Publications

For years, the United States government has endorsed transitional justice approaches abroad while ignoring the need for transitional justice at home. Recently, racial justice uprisings have shifted U.S.-based discussions of transitional justice, from gazing outward toward the international community to attending to the legacies of slavery, segregation, and white supremacy at home. This chapter demonstrates that the centuries-long oppression of Black Americans is precisely the kind of massive human rights violation that necessitates a systematic transitional justice response. Using historical, legal, and comparative analyses, it reveals that the United States has employed its own versions of transitional justice ...


Under The Microscope: A Comparative Analysis Of Nepal And Sri Lanka’S Women’S Right To Health, Analyzing A Micro Model Of A Macro Dilemma In The Fight For A Global Right To Health, Shawn B. Tuman 2023 Seton Hall University

Under The Microscope: A Comparative Analysis Of Nepal And Sri Lanka’S Women’S Right To Health, Analyzing A Micro Model Of A Macro Dilemma In The Fight For A Global Right To Health, Shawn B. Tuman

Student Works

No abstract provided.


The Ada And Website Accessibility: A Technical Problem Without A Technical Understanding, Marque Staneluis 2023 Seton Hall University

The Ada And Website Accessibility: A Technical Problem Without A Technical Understanding, Marque Staneluis

Student Works

No abstract provided.


Enforcing Consistency: A Comparative Analysis Of Geneva Convention Iv Violations In Morocco-Western Sahara And Israel-Palestine, Alexandra L. Wilson 2023 Seton Hall University

Enforcing Consistency: A Comparative Analysis Of Geneva Convention Iv Violations In Morocco-Western Sahara And Israel-Palestine, Alexandra L. Wilson

Student Works

No abstract provided.


An Access And Equity Ranking Of Public Law Schools, Christopher L. Mathis 2022 University of Iowa College of Law

An Access And Equity Ranking Of Public Law Schools, Christopher L. Mathis

Grantee Research

Over the past few decades, several comprehensive ranking systems, including the influential U.S. News and World Report’s Best Law Schools rankings, have emerged to provide useful information to prospective law students seeking to enroll in law school. These ranking systems have defined what is measured as “quality” and what outcomes law schools focus on to gain a better position in the ranking. These rankings fail to measure what many law schools claim to be one of their longstanding goals—diversity, access, and equity.

One of the problematic and shocking reasons U.S. News cites for not including diversity ...


International Commercial Mediation And Dispute Resolution Contracts, Nadja ALEXANDER, Natasha TUNKEL 2022 Singapore Management University

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection School Of Law

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute ...


The Public Perception Of The #Geneeditedbabies Event Across Multiple Social Media Platforms: Observational Study, Ellen W. Clayton, Congning Ni, et al. 2022 Vanderbilt University Law School

The Public Perception Of The #Geneeditedbabies Event Across Multiple Social Media Platforms: Observational Study, Ellen W. Clayton, Congning Ni, Et Al.

Vanderbilt Law School Faculty Publications

In November 2018, a Chinese researcher reported that his team had applied clustered regularly interspaced palindromic repeats or associated protein 9 to delete the gene C-C chemokine receptor type 5 from embryos and claimed that the 2 newborns would have lifetime immunity from HIV infection, an event referred to as #GeneEditedBabies on social media platforms. Although this event stirred a worldwide debate on ethical and legal issues regarding clinical trials with embryonic gene sequences, the focus has mainly been on academics and professionals. However, how the public, especially stratified by geographic region and culture, reacted to these issues is not ...


Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden 2022 Brigham Young University Law School

Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden

BYU Law Review

Legal sports wagering has been rapidly expanding across the United States since 2018. In the wake of the Supreme Court's Murphy decision, more than twenty five states have legalized sports betting and billions of dollars have followed the cascades of legalization. As the legal market continues to grow, professional sports leagues have been quick to embrace the regulated expansion, but the National Collegiate Athletic Association (NCAA) has not changed their steadfast opposition. Despite the NCAA's vehement opposition, the organization has seemed to gain little traction in getting states to either wholly exclude wagering on collegiate sports or getting ...


Taxing Data, Omri Marian 2022 Brigham Young University Law School

Taxing Data, Omri Marian

BYU Law Review

The Article offers a new theory of tax on data collection and transmission as a primary source of government revenue. This tax does not depend on the monetary value of data. This "data tax" can supplement, and in some instances replace, income taxes. The data tax can (1) mitigate some of the failures of income taxes in a globalized data based economy, and (2) serve to alleviate some of the externalities of a data based economy. The Article advances the following four arguments. First, current challenges to tax systems stem largely from the fact that traditional models of taxation were ...


The Realities Of Takings Litigation, Dave Owen 2022 Brigham Young University Law School

The Realities Of Takings Litigation, Dave Owen

BYU Law Review

This Article presents an empirical study of takings litigation against the United States. It reviews the cohort of takings cases filed against the federal government between 2000 and 2014, tracing each case from filing through final disposition. The result is a picture of takings litigation that is at odds with much of the conventional wisdom of the field. That conventional wisdom suggests that most takings cases will involve alleged regulatory takings; that the most intellectually challenging issues will arise within the field of regulatory takings; and, more broadly, that takings litigation will play an important role in the United States ...


Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch 2022 Brigham Young University Law School

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch

BYU Law Review

No abstract provided.


Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling 2022 Brigham Young University Law School

Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling

BYU Law Review

No abstract provided.


Systemic Risk Of Contract, Tal Kastner 2022 Brigham Young University Law School

Systemic Risk Of Contract, Tal Kastner

BYU Law Review

Complexity and uncertainty define our world, now more than ever. Scholars and practitioners have celebrated modular contract design as an especially effective tool to manage these challenges. Modularity divides complex structures into relatively discrete, independent components with simple connections. The benefits of this fundamental drafting approach are intuitive. Lawyers divide contracts into sections and provisions to make them easier to understand and reduce uncertainty. Dealmakers constructing complex transactions use portable agreements as building blocks to reduce drafting costs and enable innovation. Little attention, however, has been paid to the risks introduced by modularity in contracts. This Article demonstrates how this ...


Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson 2022 Brigham Young University Law School

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.


Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael Meurer 2022 University of California Berkeley School of Law

Nonpatentability Of Business Methods: Legal And Economic Analysis, Peter Menell, Michael Meurer

Faculty Scholarship

In this brief filed in Bilski vs. Kappos, pending before the U.S. Supreme Court, we argue that the "useful Arts" limitation of the the Intellectual Property Clause of the U.S.Constitution restricts the scope of Congress's patent power to technological advances. Beyond this constitutional limitation, Congress has not extended patent protection to business methods. The subject matter provision of the 1952 Patent Act merely codified existing subject matter categories and limitations, including the exclusion of business methods. The First Inventor Defense Act of 1999 did not alter this limitation on patentable subject matter. It did not amend ...


Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta da Silva 2022 American University in Cairo

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home ...


Masthead, 2022 University of California, Hastings College of the Law

Masthead

Hastings International and Comparative Law Review

No abstract provided.


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