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

Law Commons

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

515,095 Full-Text Articles 204,536 Authors 265,181,090 Downloads 438 Institutions

All Articles in Law

Faceted Search

515,095 full-text articles. Page 2 of 9265.

Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman 2022 Case Western University School of Law

Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman

Faculty Publications

Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause ...


A Changing Educational Landscape: Requiring A Virtual Education Option For Qualifying Students With Disabilities, Stephanie Caloiaro 2022 Seton Hall University

A Changing Educational Landscape: Requiring A Virtual Education Option For Qualifying Students With Disabilities, Stephanie Caloiaro

Law School Student Scholarship

No abstract provided.


A Tale Of Two Towns: Why New Jersey Needs To Regionalize And Consolidate School Districts, Kevin Cuddihy 2022 Seton Hall University

A Tale Of Two Towns: Why New Jersey Needs To Regionalize And Consolidate School Districts, Kevin Cuddihy

Law School Student Scholarship

No abstract provided.


No Shot, No School: The Case For Eliminating The Religious Exemption To Mandatory Vaccinations, Marc L. Rein 2022 Seton Hall University

No Shot, No School: The Case For Eliminating The Religious Exemption To Mandatory Vaccinations, Marc L. Rein

Law School Student Scholarship

No abstract provided.


Unchartered: The Future Of Pennsylvania’S Public Schools Depends On The Elimination Of Charter Schools From System, Patricia Kane O’Connor 2022 Seton Hall University

Unchartered: The Future Of Pennsylvania’S Public Schools Depends On The Elimination Of Charter Schools From System, Patricia Kane O’Connor

Law School Student Scholarship

No abstract provided.


Home Rule And The Effects Of Covid-19 On New Jersey Public Education, Patrick J. Riley 2022 Seton Hall University

Home Rule And The Effects Of Covid-19 On New Jersey Public Education, Patrick J. Riley

Law School Student Scholarship

No abstract provided.


When Stay Put Meets Stay At Home: An Examination Of The Effects Of The Covid-19 Pandemic On The Stay Put Provision Of The Idea, Elise Leonard 2022 Seton Hall University

When Stay Put Meets Stay At Home: An Examination Of The Effects Of The Covid-19 Pandemic On The Stay Put Provision Of The Idea, Elise Leonard

Law School Student Scholarship

No abstract provided.


A Constitutional Standard For The Withdrawal Of Life-Sustaining Treatment From An Incapacitated Pregnant Woman, Christine Clark 2022 Seton Hall University

A Constitutional Standard For The Withdrawal Of Life-Sustaining Treatment From An Incapacitated Pregnant Woman, Christine Clark

Law School Student Scholarship

No abstract provided.


Possible Solutions To School Resource Officer Over-Policing And Maintaining A Safer School Environment Without Police, Ryan Solfaro 2022 Seton Hall University

Possible Solutions To School Resource Officer Over-Policing And Maintaining A Safer School Environment Without Police, Ryan Solfaro

Law School Student Scholarship

No abstract provided.


Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark 2022 S.J. Quinney College of Law, University of Utah

Judges In Lawyerless Courts, Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, Alyx Mark

Utah Law Faculty Scholarship

The typical American civil trial court is lawyerless. In response to the challenge of pro se litigation, scholars, advocates, judges, and courts have embraced a key solution: reforming the judge’s traditional role. The prevailing vision calls on trial judges to set aside traditional judicial passivity, simplify court procedures, and offer a range of assistance and accommodation to people without counsel.

Despite widespread support for judicial role reform, we know little of whether and how judges are implementing pro se assistance recommendations. Our lack of knowledge stands in stark contrast to the responsibility civil trial judges bear – and the power ...


Cognitive Decline And The Workplace, Sharona Hoffman 2022 Case Western Reserve University School of Law

Cognitive Decline And The Workplace, Sharona Hoffman

Faculty Publications

Cognitive decline will increasingly become a workplace concern because of three intersecting trends. First, the American population is aging. In 2019, 16.5 percent of the population, or fifty-four million people, were age 65 and over, and the number is expected to increase to seventy-eight million by 2025. Dementia is not uncommon among older adults, and by the age of eighty-five, between twenty-five and fifty percent of individuals suffer from this condition. Second, individuals are postponing retirement and prolonging their working lives. For example, about a quarter of physicians are over sixty-five, as are fifteen percent of attorneys. The average ...


Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry 2022 Saint Louis University School of Law

Employment Status For “Essential Workers”: The Case For Gig Worker Parity, Miriam A. Cherry

All Faculty Scholarship

This Article explores what I call the “essential worker paradox”: During the pandemic, gig workers have been recognized as providing critical and important services. At the same time, the law has yet to recognize gig workers fully and to commit to providing them with the same basic protections as employees. The Article argues that the stark difference in treatment between gig workers and regular employees has long created unfairness. While views of gig work as a side hustle or work driven by customer convenience may have prevailed in the past, now the meal delivery driver and the on-demand grocery shopper ...


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis 2022 University of Pittsburgh School of Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta 2021 American University in Cairo

Imf's Loan Conditionality: Negative Consequences In The Borrower Country And The Burden Of Responsibility, Sara Mohamed Osama Abdalla Atta

Theses and Dissertations

People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower country. The harsh conditionality of the IMF plays a huge role in the negative economic consequences incumbent upon the borrower country. Meanwhile, the lack of legal remedies for private individuals suffering from the conditionality aggravates the consequences for these people. On the one hand, conditionality may strain the economy of the borrower country which leads ...


Finding Neverland? Artificial Intelligence And The Jurisprudence Of Legal Certainty, Omar Zaky 2021 American University in Cairo

Finding Neverland? Artificial Intelligence And The Jurisprudence Of Legal Certainty, Omar Zaky

Theses and Dissertations

The development of artificial intelligence (AI) models that are capable of predicting the decisions of prominent courts – most notably the European Court of Human Rights and United States Supreme Court – provides us with an opportunity to revisit important jurisprudential debates regarding the quest for legal certainty. Through providing clear distinctions within formalistic jurisprudence, and its, subsequent, realist critique; this thesis seeks to analyze legal decision-making and its relationship with artificial intelligence. I argue that, AI’s deterministic nature and its support for the law being an “entirely self-contained process” does lend some credence to certain jurisprudential arguments. However, this should ...


Gendered Complications Of Covid-19: Towards A Feminist Recovery Plan, Linda C. McClain, Naomi Cahn 2021 Boston University School of Law

Gendered Complications Of Covid-19: Towards A Feminist Recovery Plan, Linda C. Mcclain, Naomi Cahn

Faculty Scholarship

COVID-19 exposed the limitations in the current economic system on public and private support for gender equity and the intersecting impact of gender, race, and class in that lack of support. Women of color, particularly those who are Black, Latina, or Native American, were at the intersection of the inequities in the pandemic economy. The catalogue of COVID-19’s impact covers all aspects of women’s lives: work, family, education, health, reproduction, mental and physical well-being, and leisure. This Article argues that COVID-19 has complex implications for gender equality and gender equity as state and local governments, the federal government ...


The Byu Advocate, J. Reuben Clark Law School 2021 Brigham Young University Law School

The Byu Advocate, J. Reuben Clark Law School

The BYU Advocate (& Annual Reports)

"BYU Law recognizes the inherent dignity and equality of each individual and welcomes people from the full range of human experience. We are committed to the teachings of Jesus Christ and honor His many roles, including healer, peacemaker, mediator, counselor, advocate, lawgiver, and judge. In striving to emulate His example, we seek to be and develop people of integrity who combine faith and intellect in lifelong service to God and neighbor." – new Mission Statement


A Bibliography Of Faculty Scholarship, Law Library 2021 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Enhancing Environmental Protection In Relation To Armed Conflict: An Assessment Of The Ilc Draft Principles, Daniëlla Dam-de Jong, Britta Sjöstedt 2021 Grotius Centre for International Legal Studies at Leiden University, The Netherlands

Enhancing Environmental Protection In Relation To Armed Conflict: An Assessment Of The Ilc Draft Principles, Daniëlla Dam-De Jong, Britta Sjöstedt

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


A Cielo Abierto: Constellations For Extraterritorial Multinational Corporate Accountability For Environmental Damage In Human Rights Law, Astghik Hairapetian 2021 UCLA School of Law

A Cielo Abierto: Constellations For Extraterritorial Multinational Corporate Accountability For Environmental Damage In Human Rights Law, Astghik Hairapetian

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Digital Commons powered by bepress