Mixed Legal Systems, East And West, 2016 Louisiana State University Law Center
Mixed Legal Systems, East And West, Stephen Thomson
Journal of Civil Law Studies
No abstract provided.
China: Fragmented Rights And Tragedy Of Anticommons:Evidence From China’S Coastal Waters, 2016 Louisiana State University Law Center
China: Fragmented Rights And Tragedy Of Anticommons:Evidence From China’S Coastal Waters, Bing Shui
Journal of Civil Law Studies
The ownership of, and rights to, coastal waters are exhibited on a cumulative scale ranging from commons-like to private use. As an example of a natural resource with complex and interlinked ecosystems, coastal waters give rise to many kinds of legal norms and pol-icy instruments. As shown by my investigation of China’s coastal waters, people are willing to pay for legal rights which guarantee exclusive access, regardless of the relatively high cost. The statistical data further reveals that, when coastal waters are divided, there is a negative correlation between fragmentation of the seas and sea-based production. Therefore, based on the …
Complete V.9 No.2, 2016 Louisiana State University Law Center
Different Names For Bullying, 2016 CUNY Graduate School of Journalism
Different Names For Bullying, Marco Poggio
Capstones
“There's all different forms of bullying,” says Steven Gray, a Lakota rancher and former law enforcement officer living in South Dakota. In this look into Gray’s life, we learn about two instances of bullying: the psychological and physical harassment that pushed his son, Tanner Thomas Gray, to commit suicide at age 12; And the controversial construction of an oil pipeline in an ancient tribal land that belongs to the Lakota people by rights of a treaty signed in 1851, which Gray sees as an institutional abuse infringing on the sovereignty of his people. Gray is involved in the movement that …
In The Wake Of Broken Windows Policing How Aggressive Policing Contributed To East Harlem Residents Distrust Of Police, 2016 Cuny Graduate School of Journalism
In The Wake Of Broken Windows Policing How Aggressive Policing Contributed To East Harlem Residents Distrust Of Police, Stephanie Daniel, Nicole Lewis, Kalalea Kalalea
Capstones
In 2015, the East Harlem neighborhood – specifically the 25th Precinct – had the highest rate of criminal court summonses amongst residential areas. At 145 summonses for every 1,000 residents, it was more than four times the citywide average, according to an analysis of data obtained from the NYPD.
Since 2010, summonses have declined as the NYPD moves towards a more community-based approach to policing. But the Broken Windows theory has left a lasting and often negative effect on the East Harlem community.
This past fall, CUNY reporters investigated how summonses have affected the relationship between East Harlem residents and …
Newsroom: Rwu's News First Amendment Blog 12-07-2016, 2016 Roger Williams University
Newsroom: Rwu's News First Amendment Blog 12-07-2016, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, 2016 Brooklyn Law School
When You Come To A Fork In The Road, Take It: Unifying The Split In New York's Analysis Of In-House Attorney-Client Privilege, Thomas O'Connor
Journal of Law and Policy
As one surveys the vast and ever-changing landscape of law and litigation, few things stand out as so unanimously exalted and carefully guarded as the privilege protecting attorney-client communications. Yet there is today a surprising lack of uniformity and predictability in the reasoning by which New York courts determine whether a communication made by in-house counsel to its corporate client will – or will not – enjoy the protection of that privilege. Rather than follow a single and predictable analysis to resolve the question, New York courts have oscillated between one line of decisions focusing primarily on the purpose of …
No.38 - December 2016, 2016 Louisiana State University Law Center
No.38 - December 2016, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.
Preserving Human Agency In Automated Compliance, 2016 Brooklyn Law School
Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian
Brooklyn Journal of Corporate, Financial & Commercial Law
As technology transforms financial services, so too must it transform the regulation of financial markets and intermediaries. The imperative of real-time, prophylactic regulation increasingly compels reallocation of regulatory and compliance budgets to surveillance and enforcement technology. At the same time, in light of the well-known weaknesses of automated systems, securities firms (and their regulators) must temper investment in automation with efforts to augment the agency of compliance professionals. This symposium contribution considers how investment in the professional development of compliance personnel can better integrate automated tools within established compliance and supervisory structures and thereby advance regulatory and operational objectives.
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, 2016 Brooklyn Law School
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without any substantial …
Understanding Wellness International Network, Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, 2016 Brooklyn Law School
Understanding Wellness International Network, Ltd. V. Sharif: The Problems With Allowing Parties To Impliedly Consent To Bankruptcy Court Adjudication Of Stern Claims, Elizabeth Jackson
Brooklyn Journal of Corporate, Financial & Commercial Law
The 2011 Supreme Court case Stern v. Marshall defined which claims bankruptcy courts had the authority to adjudicate, but it’s complicated holding left lower courts perplexed. Specifically, the Stern decision created “Stern claims”—claims that bankruptcy courts have the statutory, but not the constitutional, authority to adjudicate. Subsequent cases, such as Executive Benefits Insurance Agency v. Arkison and Wellness International Network, Ltd. v. Sharif, have grappled with whether Stern claims should be treated as “core” claims, which bankruptcy courts can enter final judgments on, or “non-core” claims, which bankruptcy courts can only enter final judgments on if the litigating parties consent. …
Dashboard Compliance: Benefit, Threat, Or Both?, 2016 Brooklyn Law School
Dashboard Compliance: Benefit, Threat, Or Both?, James Fanto
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article poses the basic question that is reflected in its title and that was the subject of the conference where the Article was initially presented: whether technology poses any threats to the mission of compliance and the position of compliance officers, whether it is just another useful tool for them, or whether it is something of both. It begins by explaining the origin of compliance in broker-dealers and investment advisers and its important current position in those firms. It then discusses why compliance officers have always been drawn to technology, particularly to keep up with the business sides of …
The Question Concerning Technology In Compliance, 2016 Brooklyn Law School
The Question Concerning Technology In Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.
Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, 2016 Brooklyn Law School
Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission (SEC or Commission) appears to be on the verge of requiring investment advisers to undergo third party examinations. One justification for the rulemaking is that the Commission lacks sufficient resources to examine advisers frequently enough. Another is to create indirectly a self-regulatory organization (SRO) for investments advisers. Both may leave a rulemaking particularly vulnerable to challenge as arbitrary and capricious under the Administrative Procedures Act. This Article considers three novel grounds on which a rulemaking may be successfully challenged. Congress has repeatedly rejected SEC requests to provide additional funding for examinations or to create an …
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, 2016 Brooklyn Law School
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, 2016 Brooklyn Law School
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
Brooklyn Journal of Corporate, Financial & Commercial Law
Historically, bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978, Congress attempted to reduce the discrepancy in compensation. However, after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C., the playing field remains unequal for bankruptcy attorneys. Following this decision, if a debtor disputes their attorney’s fee application, attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result, bankruptcy attorneys take an effective pay cut if they are faced with a …
How Ontarians Experience The Law: An Examination On Incidence Rate, Seriousness And Response To Legal Problems, 2016 Osgoode Hall Law School of York University
How Ontarians Experience The Law: An Examination On Incidence Rate, Seriousness And Response To Legal Problems, Matthew Dylag
LLM Theses
Access to civil justice is a conceptual framework that, at its most basic, claims all people are entitled to have their legal disputes resolved fairly. However, it is currently understood that these ideals are not reflected in the day-to-day realities of ordinary people. Though scholarship has examined ways in which to better allow for meaningful access to civil justice, there is still a need for further quantitative research especially from the Canadian perspective. This paper provides an empirical foundation to this discussion by examining the 2014 Cost of Justice project survey. Specifically, it examines the incidence rate of civil legal …
A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, 2016 Florant Law Group, LLC
A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, 2016 University of Georgia School of Law
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Georgia Journal of International & Comparative Law
No abstract provided.
Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, 2016 William & Mary Law School
Keeping The Promise Of Public Fiduciary Theory: A Reply To Leib And Galoob, Evan J. Criddle, Evan Fox-Decent
Faculty Publications
No abstract provided.