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In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq. 2016 Streetwise and Safe

In Loco Aequitatis: The Dangers Of "Safe Harbor" Laws For Youth In The Sex Trades, Brendan M. Conner Esq.

Brendan M. Conner

The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally ...


Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll 2016 Georgetown University Law Center

Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The fourth estate is undergoing dramatic changes. Many newspaper reporters, already surrounded by a growing number of empty desks, are shifting their focus away from costly investigative reporting and towards amassing Twitter followers and writing the perfect “share line.” Newspapers’ budgets can no longer robustly support accountability journalism and pitching fights against the government. And so, while this busier and noisier media environment may have a desirable democratizing effect—more of us are able to participate in analyzing, debating, and perhaps even making the news—it has not succeeded in filling a role that print journalists have traditionally played well ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2016 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary LaFrance 2015 William S. Boyd School of Law, UNLV

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance

Michigan Telecommunications and Technology Law Review

When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a ...


Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang 2015 University of Pennsylvania Law School

Class Actions And The Counterrevolution Against Federal Litigation, Stephen B. Burbank, Sean Farhang

Faculty Scholarship

In this article we situate consideration of class actions in a framework, and fortify it with data, that we have developed as part of a larger project, the goal of which is to assess the counterrevolution against private enforcement of federal law from an institutional perspective. In a series of articles emerging from the project, we have documented how the Executive, Congress and the Supreme Court (wielding both judicial power under Article III of the Constitution and delegated legislative power under the Rules Enabling Act) fared in efforts to reverse or dull the effects of statutory and other incentives for ...


In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider 2015 Howard University

In Defense Of Disparate Impact: An Opportunity To Realize The Promise Of The Fair Housing Act, Valerie Schneider

School of Law Faculty Publications

Abstract:

Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are extremely rare, and, in these cases, the settlements reflect a substantial fear among civil rights advocates that the Supreme Court’s recent decisions in cases such as Shelby County v. Holder and Fisher v. University of Texas are working to dismantle many of the protections ...


House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison 2015 The Catholic University of America, Columbus School of Law

House Of Cards: How Rediscovering Republicanism Brings It Crashing Down, Jonathan E. Maddison

Catholic University Law Review

Using Frank Underwood’s maniacal political journey in the Netflix series House of Cards as an example of what is wrong with American politics, this article argues that the Supreme Court’s misapplication of First Amendment principles in Citizens United and other key campaign finance cases plays a large and problematic role. Providing an extensive historical overview of republicanism and First Amendment jurisprudence, this article suggests that a return to republican ideals, while not perfect, is both the solution and proper tool of analysis to be used by the Supreme Court for campaign finance cases and beyond.


Legal Xray On The Proposed Electronic Communications Bill In Nigeria, Oluwaseun Viyon Ojo 2015 Lagos State University

Legal Xray On The Proposed Electronic Communications Bill In Nigeria, Oluwaseun Viyon Ojo

Oluwaseun Viyon Ojo

The National Assembly in Nigeria intends to pass the proposed electronic communications bill as brought before it. To start with, the gravamen of the proposed bill is to confer on the Nigerian Communications Commission( the regulatory body in respect of the communications sector) and security agencies the unrestricted powers to intrude into private communications of Nigerians such as telephone calls, email messages and such other electronic exchange of information like short messaging service(SMS) and multimedia applications with a view to enhancing national security, preventing crime and facilitating criminal investigations. It is pertinent to state here that the proposed Electronic ...


Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf 2015 Pace University School of Law

Slaying The Dragon: How The Law Can Help Rehab A Country In Crisis, Samantha Kopf

Pace Law Review

Motor-vehicle-related deaths consistently topped the accidental death count in the United States for decades. In 2009, for the first time, drug poisoning took over as the number one accidental killer. In 1980, approximately 6,100 people died from drug overdose. In the past ten years, the drug overdose rate for males and females, regardless of race, ethnicity and age, increased. In 2000, 4.1 per 100,000 people died from unintentional drug overdose; in 2010, that number rose to 9.7 per 100,000. The drug overdose epidemic, now the leading cause of unintentional death in the United States, warrants ...


"Responsiveness" As A Measure Of Representation, John G. Matsusaka 2015 USC Marshall School of Business

"Responsiveness" As A Measure Of Representation, John G. Matsusaka

University of Southern California Legal Studies Working Paper Series

The study of representation requires being able to measure representation. The concept to be measured, in the abstract, is the distance or “congruence” between legislators and their constituents, but data limitations often preclude measuring congruence directly. A popular alternative is to regress legislator roll call votes on a proxy for constituent preferences, with the coefficient labeled “responsiveness.” Previous research has shown that there is no theoretical connection between the responsiveness coefficient and congruence. This paper investigates if there is an empirical connection between the responsiveness coefficient and congruence. I study 3,242 roll call votes on state laws that were ...


The Precarious Link Between Legislators And Constituent Opinions: Evidence From Matched Roll Call And Referendum Votes, John G. Matsusaka 2015 USC Marshall School of Business

The Precarious Link Between Legislators And Constituent Opinions: Evidence From Matched Roll Call And Referendum Votes, John G. Matsusaka

University of Southern California Legal Studies Working Paper Series

This paper tests theories of representation by studying laws that were challenged by referendum. For these laws, we can compare legislator roll call votes and citizen votes on the same law. In a sample of 3,242 roll call votes on 25 laws in nine states, I find that legislators voted congruent with majority opinion in their district 67 percent of the time, so representation generally “worked.” However, when legislator preferences differed from district opinion on an issue, legislators voted congruent with district opinion only 28 percent of the time. Electoral pressure measured by vote margin, proximity of next election ...


Rethinking Special Education's "Least Restrictive Environment" Requirement, Cari Carson 2015 University of Michigan Law School

Rethinking Special Education's "Least Restrictive Environment" Requirement, Cari Carson

Michigan Law Review

The federal Individuals with Disabilities Education Act promotes the education of students with disabilities together with their nondisabled peers, requiring education in the “least restrictive environment” (“LRE”). This requirement has long been subject to competing interpretations. This Note contends that the dominant interpretation—requiring education in the least restrictive environment available—is deficient and allows students to be placed in unnecessarily restrictive settings. Drawing from child mental health law, this Note proposes an alternative LRE approach that requires education in the least restrictive environment needed and argues that this alternative approach is a better reading of the law.


"Same Story Every Time / Being Black Is Not A Crime": Gun Regulations And Recurrent Patterns Of Government Control Of Black Americans In The Nineteenth And Twentieth Centuries, Joshua Kurzer Manson 2015 Bates College

"Same Story Every Time / Being Black Is Not A Crime": Gun Regulations And Recurrent Patterns Of Government Control Of Black Americans In The Nineteenth And Twentieth Centuries, Joshua Kurzer Manson

Honors Theses

Since the shooting death of Michael Brown in Ferguson, Missouri in August 2014, there has been a renewed national conversation on relations between law enforcement and communities of color. Subsequent shooting deaths of Black individuals, followed by grand jury non-indictments, have shifted the conversation to a systemic critique, revealing to some, and reminding others, of the deeply racialized nature of criminal justice in the United States. This thesis project is a work of American Political Development that analyzes the racialized developmental of the criminal justice system in the United States, providing context to the recent national conversation. Its purpose is ...


Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim 2015 American University Washington College of Law

Trade Promotional Authority: Evaluating The Necessity Of Congressional Oversight And Accountability, Margaret M. Kim

Margaret M. Kim

On April 16, 2015, legislation to reauthorize Trade Promotion Authority (TPA) was introduced as the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA-2015 or the Legislation) in the House and the Senate. TPA, formerly known as the fast-track authority, refers to “[the] authority of the U.S. president to negotiate international agreements that Congress can approve or disapprove, but not amend or filibuster.” TPA was last renewed under the Trade Act of 2002 during the George W. Bush Administration. Until it expired on July 1, 2007, eleven Free Trade Agreements (FTAs) were implemented under the supervision of President ...


The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel 2015 Inter-American Bar Association

The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li 2015 Stanford Law Schoool

Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li

Georgia Journal of International & Comparative Law

No abstract provided.


Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins 2015 University of Georgia School of Law

Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins

Georgia Journal of International & Comparative Law

No abstract provided.


Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton 2015 Office of the General Counsel, U.S. International Trade Commission

Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton

Georgia Journal of International & Comparative Law

No abstract provided.


Cooperative Mineral Interest Development In The Lone Star State: It's Time To Mess With Texas, Matthew K. Trawick 2015 University of Michigan Law School

Cooperative Mineral Interest Development In The Lone Star State: It's Time To Mess With Texas, Matthew K. Trawick

Michigan Journal of Environmental & Administrative Law

Since the early discoveries of the Spindletop, King Ranch, and East Texas oil fields, the oil and gas industry has dominated the Texas economy. The industry has also played an important role in shaping state politics and culture. The oil boom of the early 1900s created thousands of jobs for ordinary workers and immense wealth for a select few. Early Texas oil barons made headlines because of their lavish lifestyles and often extreme political beliefs. Legendary wildcatter H.L. Hunt typified this oil-fueled exuberance. Hunt became one of the eight richest individuals in the United States after securing mineral rights ...


Copyright And Social Media: A Tale Of Legislative Abdication, Diane Leenheer Zimmerman 2015 New York University School of Law

Copyright And Social Media: A Tale Of Legislative Abdication, Diane Leenheer Zimmerman

Pace Law Review

The focus of this article will be on what I call DMCA 2.0. It will begin by discussing the Digital Millennium Copyright Act (DMCA) and why that statute, passed in 1998 to shore up the enforceability of copyright online by protecting content providers’ ability to engage in forms of technological self-help against online copyright infringers, has been problematic. Part II describes largely unsuccessful efforts in the form of statutes and trade agreements to shore up the DMCA. Part III turns to the latest salvo, the adoption of “voluntary agreements” whereby content owners and ISPs, in particular social media platforms ...


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