Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

352056 Full-Text Articles 140472 Authors 114322391 Downloads 331 Institutions

All Articles in Law

Faceted Search

352056 full-text articles. Page 2 of 6321.

Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams 2017 Montclair State University

Race And Justice Outcomes: Contextualizing Racial Discrimination And Ferguson, Jason M. Williams

Ralph Bunche Journal of Public Affairs

While scores of literature may hint at the tumultuous relationship between the criminal justice system and Blacks, such literature, however, fail to assess, comprehensively, the intersectional purpose of present criminal justice processes and race. This paper will examine contemporary applications of justice along racial lines. It is argued that current justice outcomes are advantageous to the status quo. It is no secret that the American system of justice has a race problem; however, if the goal is to administer justice then, as this paper argues, the current system needs to be seriously examined and rebuilt. The paper also argues that ...


R&D Spending And Patenting In The Technology Hardware Sector In Nations With And Without Fair Use, Michael Palmedo 2017 American University Washington College of Law

R&D Spending And Patenting In The Technology Hardware Sector In Nations With And Without Fair Use, Michael Palmedo

PIJIP Research Paper Series

This working paper uses two common indicators of innovation to see how the technology hardware sector compares in countries with and without fair use. It illustrates that research and development spending by firms in these industries has been higher in countries with fair use, controlling for other firm- and country-level factors. It then shows more patents have been granted to the technology sector in countries that have adopted fair use, relative to patents granted to firms in the same industries in other countries, controlling for other country-level factors.


Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss 2017 New York Law School

Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss

Rooftops Project

Federal and state law can impose compliance requirements affecting both disposing of and transacting in real estate by not-for-profit organizations. In a dialogue with The Rooftop Project’s Jordan Moss and Professor James Hagy, David Samuels and Themes Karalis of the law firm Duval & Stachenfeld illustrate situations, including some unique to New York law and regulation, in which compliance and care are warranted.


Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. HSIEH 2017 Singapore Management University

Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh

Pasha L. Hsieh

This article reassesses the trade-development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration.  It argues that the emerging New Regional Economic Order in the multi-polar system will fortify the coalition of the developing countries in structuring the legalization of pro-development trade policy.  For decades, the misconceived concept of special and differential treatment has ignored the reality of the North-South Grand Bargain and disconnected the World Trade Organization from its development objectives.  The development crisis of the Doha Round requires a feasible “Plan B” for ...


Environmental Criminal Enforcement, University of Michigan Law School 2017 University of Michigan Law School

Environmental Criminal Enforcement, University Of Michigan Law School

Event Materials

Program for the 2017 Spring Conference, sponsored by the Environmental Law and Policy Program, the Environmental Law Society, and the Michigan Journal of Environmental and Administrative Law.


39th Annual Alden J. "Butch" Carpenter Memorial Scholarship Gala, University of Michigan Law School 2017 University of Michigan Law School

39th Annual Alden J. "Butch" Carpenter Memorial Scholarship Gala, University Of Michigan Law School

Event Materials

Invitation to the 39th Annual Alden J. "Butch" Carpenter Memorial Scholarship Gala.


Behavioral Public Choice And The Carbon Tax, Gary M. Lucas Jr 2017 Texas A&M University School of Law

Behavioral Public Choice And The Carbon Tax, Gary M. Lucas Jr

Gary M. Lucas Jr.

In response to the historic Paris Agreement on climate change and to the Environmental Protection Agency’s recently finalized Clean Power Plan, economists and other climate policy experts have renewed the call for the United States to adopt a carbon tax. Opposition among the public presents a major obstacle. While a majority of the public supports government action on climate change, most people favor the use of “green” subsidies and command-and-control regulations—a fact that frustrates economists of all political stripes who contend that a carbon tax would be much cheaper and more effective. This Article argues that a cognitive ...


Birchfield V. North Dakota: Warrantless Breath Tests And The Fourth Amendment, Sara Jane Schlafstein 2017 Duke Law

Birchfield V. North Dakota: Warrantless Breath Tests And The Fourth Amendment, Sara Jane Schlafstein

Duke Journal of Constitutional Law & Public Policy Sidebar

In Birchfield v. North Dakota, the Supreme Court explored warrantless breath tests during DUI stops and their validity under the Fourth Amendment. To determine their constitutionality, the Court adopted a balancing test, weighing the government’s interest in preventing instances of drunk driving with the intrusion on an individual’s privacy. The Court ultimately concluded that warrantless breath tests are constitutional when conducted incident to a lawful DUI arrest. This commentary explores the Court’s reasoning and holding and will argue that the Court was correct in deciding that a warrant is not necessary for conducting a breath test incident ...


Drawing Lines: Racial Gerrymandering In Bethune-Hill V. Virginia Board Of Elections, Scott Reed 2017 Duke Law

Drawing Lines: Racial Gerrymandering In Bethune-Hill V. Virginia Board Of Elections, Scott Reed

Duke Journal of Constitutional Law & Public Policy Sidebar

In Bethune-Hill v. Virginia Board of Elections, the Supreme Court had to decide whether twelve Virginia challenged legislative districts, in which a one-size-fits-all 55% black voting age population floor was imposed, withstood constitutional scrutiny. The Court, though stating that the lower court misapplied precedent, declined to hold that race predominated in the formation of the districts and that strict scrutiny would be triggered, instead remanding to the lower court for reexamination. This commentary argues that the Court missed an opportunity to hold that a 55% BVAP floor prioritized above all else is per se racial predomination, and such a holding ...


May The Best Canon Win: Lockhart V. United States And The Battle Of Statutory Interpretation, Hassan Shaikh 2017 Duke Law

May The Best Canon Win: Lockhart V. United States And The Battle Of Statutory Interpretation, Hassan Shaikh

Duke Journal of Constitutional Law & Public Policy Sidebar

In Lockhart v. United States, the Supreme Court resolved a long-standing circuit split regarding 18 U.S.C. § 2252(b)(2), which triggered a mandatory minimum sentence for recidivists who had previously been convicted under federal or state crimes relating to “aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward.” In expected fashion, the Court relied on the statute’s plain meaning to decide whether Lockhart’s previous crime had triggered the mandatory minimum. However, even with identical approaches to the text, the majority and dissent reached contrary conclusions. This commentary explores how a single ...


Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr. 2017 Cleveland-Marshall College of Law, Cleveland State University

Same-Sex Sex And Immutable Traits: Why Obergefell V. Hodges Clears A Path To Protecting Gay And Lesbian Employees From Workplace Discrimination Under Title Vii, Matthew W. Green Jr.

Matthew W. Green Jr.

This article is set forth in five parts. Part II is largely descriptive and focuses on two aspects of Obergefell: (1) the Court's clarification that adult, private, consensual, same-sex sexual intimacy is a fundamental right, protected by the U.S. Constitution's Fourteenth Amendment Due Process Clause and (2) the Court's recognition that leading mental health and medical groups consider sexual orientation to be immutable. Part III examines how courts and the EEOC have treated sexual orientation discrimination under Title VII and contains a normative discussion which argues—consistent with the position of other commentators, some courts, and ...


A Message To New Attorneys, John J. Murphy 2017 St. John's University School of Law

A Message To New Attorneys, John J. Murphy

The Catholic Lawyer

No abstract provided.


Essence Of Due Process, Robert N.C. Nix 2017 St. John's University School of Law

Essence Of Due Process, Robert N.C. Nix

The Catholic Lawyer

No abstract provided.


A Call For A Genuinely American Jurisprudence, John Underwood Lewis 2017 St. John's University School of Law

A Call For A Genuinely American Jurisprudence, John Underwood Lewis

The Catholic Lawyer

No abstract provided.


Funding Public Education: A Need For Legislative Reform, Felix L. D'Arienzo 2017 St. John's University School of Law

Funding Public Education: A Need For Legislative Reform, Felix L. D'Arienzo

The Catholic Lawyer

No abstract provided.


Treatment For Misbehaving Minors, Barbara P. Gertel 2017 St. John's University School of Law

Treatment For Misbehaving Minors, Barbara P. Gertel

The Catholic Lawyer

No abstract provided.


Child Placement: Law And Theory, Joel B. Savit 2017 St. John's University School of Law

Child Placement: Law And Theory, Joel B. Savit

The Catholic Lawyer

No abstract provided.


Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen 2017 Elisabeth Haub School of Law at Pace University

Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen

Pace Law Review

This Comment will argue that New York should follow the federal agencies’ and states’ leads by imposing a warrant requirement supported by probable cause on local and state agencies that wish to use Stingray technology in their investigations. The first section will explore Stingray technology and how it works. The second section will frame the issue and describe New York’s current standard. The third section will discuss the judicial response to the issue and how New York courts seem to place the burden of upholding privacy on the citizen, instead of the government. The third section will also discuss ...


The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi 2017 Elisabeth Haub School of Law at Pace University

The Negative Ramifications Of Hate Crime Legislation: It’S Time To Reevaluate Whether Hate Crime Laws Are Beneficial To Society, Briana Alongi

Pace Law Review

Supporters of hate crime legislation suggest that the primary reason for the codification of hate crime laws is “to send a strong message of tolerance and equality, signaling to all members of society that hatred and prejudice on the basis of identity will be punished with extra severity.” However, hate crime laws may actually be accomplishing the opposite effect of tolerance and equality because they encourage U.S. citizens to view themselves, not as members of our society, but as members of a protected group. The enactment of hate crime legislation at the federal and state levels has led to ...


Regarding Oaths Of Office, Allan W. Vestal 2017 Drake University Law School

Regarding Oaths Of Office, Allan W. Vestal

Pace Law Review

This discussion starts with an analysis of oaths of office at the Federal level, considering both whether oaths function as barriers to service and whether they are appropriate in symbolic terms. We then turn to the same questions with reference to the oaths of office of the various states. Finally, we consider the purpose behind oaths of office and determine whether any changes should be made to oaths of office at either the Federal or state level.


Digital Commons powered by bepress