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A Human Right To Self-Government Over First Nations Child And Family Services And Beyond: Implications Of The Caring Society Case, Naiomi Walqwan Metallic 2019 Schulich School of Law, Dalhousie University

A Human Right To Self-Government Over First Nations Child And Family Services And Beyond: Implications Of The Caring Society Case, Naiomi Walqwan Metallic

Journal of Law and Social Policy

On 26 January 2016, the Canadian Human Rights Tribunal released a watershed decision in First Nations Child and Family Caring Society of Canada et al v Attorney General (Caring Society), finding that the Department of Indigenous and Northern Affairs’ (INAC) design, management, and control of child welfare services on reserve, along with its funding formulas, cause a number of harms to First Nations children and families that amount to discrimination. A full appreciation of the workings and harms of INAC’s First Nations Child and Family Services Program (the FNCFS Program), paired with the two key propositions from the tribunal ...


Reimagining Child Welfare Systems In Canada – Part Ii, Janet Mosher, Jeffery Hewitt 2019 Osgoode Hall Law School, York University

Reimagining Child Welfare Systems In Canada – Part Ii, Janet Mosher, Jeffery Hewitt

Journal of Law and Social Policy

Contributions to volume 28:1 of the JLSP offered poignant insights into the root sources of the overrepresentation of Indigenous and African Canadian children and families in state child welfare systems, highlighting the role of poverty, racism, discrimination, and ongoing colonial violence. The contributions to this volume, 28:2, offer insights to deepen our understanding of the roots of overrepresentation, as well as concrete strategies with the potential to dramatically improve outcomes for children, families, and communities. As with volume 28:1, the contributions here arise from a symposium, Reimagining Child Welfare Systems in Canada, held 21 October 2016 and ...


1824 - Constitution Federal De Los Estados Unidos Mexicanos, 2019 California State University, Monterey Bay

1824 - Constitution Federal De Los Estados Unidos Mexicanos

Mexican Government Documents

The first constitution enacted in Mexico was on October 4, 1824. After Emperor Augustine fell in 1923, Mexicans were divided between a strong central government and a union of strong states (federalism). Federalist won electing a constitutional Congress that reflected their ideas. The Constitution was abolished twice, first in 1836 and again in 1844 but was reinstated a number of times. In 1857, Mexico a new Constitution was enacted.


The Death Of The Income Tax (Or, The Rise Of America's Universal Wage Tax), Edward J. McCaffery 2019 University of Southern California;California Institute of Tecnology

The Death Of The Income Tax (Or, The Rise Of America's Universal Wage Tax), Edward J. Mccaffery

University of Southern California Legal Studies Working Paper Series

Recent proposals from Alexandria Ocasio-Cortez (D NY) to raise the top marginal tax rates under the income tax, and from Senator Elizabeth Warren (D Mass), to add a stand-alone wealth tax to the existing mix of taxes, are promising beginnings. They have burst forth from a veritable desert of progressive tax alternatives in the public political discussion. But both sets of ideas suffer from an allegiance to the status quo; both operate within the existing paradigm of nominally attempting to tax “income” and “wealth” – wealth transfers, in the case of the status quo, wealth itself, in the case of Warren ...


1825 - Notes Made From Mexico, J. R. Poinsett, 2019 California State University, Monterey Bay

1825 - Notes Made From Mexico, J. R. Poinsett

Miscellaneous Publications – Mexican

A compilation of notes and letters written by the author from the United States during his journey through Mexico in the autumn of 1822. Poinsett discussed the various accounts of the cause and character of the revolution against Spain. It includes a historical sketch in the Appendix . The Appendix also includes a number of historical documents (translated into English) including, in part: Iturbide’s Message to Congress; the Manifest Addressed to the Mexican People by Regiment No. 1 of the Infantry of the Line; the Decree of the Executive of Mexico published October 8, 1823; and the Project of a ...


1844 - The History Of Oregon And California And Other Territories, Robert Greenhow, 2019 California State University, Monterey Bay

1844 - The History Of Oregon And California And Other Territories, Robert Greenhow

Miscellaneous Publications – Mexican

Writing principally about the portion of North America border on the Pacific Ocean between the 40th and 54th parallels of latitude (Oregon), Greenhow found it necessary to also include the regions known as California that extended southward from the Columbia River to the Californian Gulf. Recognizing that the territories were becoming increasingly more important due to the advancement of the population of adjoining countries towards the territories; from the constant increase of the trade and navigation of several countries claiming powers in the Pacific. The difficulty of effecting an amicable partition of the territories was becoming more urgent ...


Editors' Foreword, Elizabeth Montano, Keelin Bielski, Maya Frucht 2019 University of Miami Law School

Editors' Foreword, Elizabeth Montano, Keelin Bielski, Maya Frucht

University of Miami Law Review

No abstract provided.


Access To Justice Through Technology: An Immigration Practitioner’S Perspective, Elizabeth Rieser-Murphy 2019 Legal Aid Society, New York City

Access To Justice Through Technology: An Immigration Practitioner’S Perspective, Elizabeth Rieser-Murphy

University of Miami Law Review

No abstract provided.


What Can Technology Do To Increase Access To Justice?, Vanessa Butnick Davis 2019 LegalZoom.com

What Can Technology Do To Increase Access To Justice?, Vanessa Butnick Davis

University of Miami Law Review

No abstract provided.


Professions And Expertise: How Machine Learning And Blockchain Are Redesigning The Landscape Of Professional Knowledge And Organization, John Flood, Lachlan Robb 2019 Griffith University

Professions And Expertise: How Machine Learning And Blockchain Are Redesigning The Landscape Of Professional Knowledge And Organization, John Flood, Lachlan Robb

University of Miami Law Review

Machine learning has entered the world of the professions with differential impacts. Automation will have huge impacts on the nature of work and society. Engineering, architecture, and medicine are early and enthusiastic adopters of automation. Other professions, especially law, are late and, in some cases, reluctant adopters. This Article examines the effects of artificial intelligence (“AI”) and Blockchain on professions and their knowledge bases. We start by examining the nature of expertise in general and the function of expertise in law. Using examples from law, such as Gulati and Scott’s analysis of how lawyers create (or don’t create ...


Breaches Within Breaches: The Crossroads Of Erisa Fiduciary Responsibilities And Data Security, Gregg Moran 2019 University of Miami Law School

Breaches Within Breaches: The Crossroads Of Erisa Fiduciary Responsibilities And Data Security, Gregg Moran

University of Miami Law Review

Although the drafters of the Employee Retirement Income Security Act of 1974 (“ERISA”) likely could not have anticipated the data security issues of the twenty-first century, ERISA’s duty of prudence almost certainly requires employee benefit plan fiduciaries to protect sensitive participant data in at least some manner. This Article suggests the Department of Labor should issue a regulation clarifying fiduciaries’ data security obligations. Given that fiduciaries are in the best positions to recognize their plans’ individual security needs and capabilities, the regulation should not attempt to micromanage fiduciaries’ substantive data security policies; rather, it should focus on the procedures ...


Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas 2019 University of Miami Law School

Manure Management For Climate Change Mitigation: Regulating Cafo Greenhouse Gas Emissions Under The Clean Air Act, Katrina A. Tomas

University of Miami Law Review

Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without simultaneously addressing the more potent methane and nitrous oxide gases. In the United States, intensive factory farms, legally known as Concentrated Animal Feeding Operations (“CAFOs”), are responsible for large emissions of these two greenhouse gases due to manure mismanagement. While there are no federal environmental regulations in place for mitigating CAFOs ...


The Privacy Hierarchy: A Comparative Analysis Of The Intimate Privacy Protection Act Vs. The Geolocational Privacy And Surveillance Act, Katherine A. Mitchell 2019 University of Miami Law School

The Privacy Hierarchy: A Comparative Analysis Of The Intimate Privacy Protection Act Vs. The Geolocational Privacy And Surveillance Act, Katherine A. Mitchell

University of Miami Law Review

The advent of the technological boom brought the world smartphones, social media, and Siri. These novel benefits, however, were accompanied by unchartered invasions of privacy. Congress has embarked on the seemingly endless path of protecting its constituents through civil and criminal legislation aimed at combatting such invasions. Two recent examples include the Intimate Privacy Protection Act (“IPPA”) and the Geolocational Privacy and Surveillance Act (“GPS Act”). Nonetheless, the IPPA, which was proposed to criminalize the dissemination of nonconsensual pornography, has garnered much less support—and much more criticism—than its geolocational counterpart.

This Note discusses the striking similarities of both ...


Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine 2019 University of Miami Law School

Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine

University of Miami Law Review

In 2009, the Indian government introduced a widespread biometric identification system called Aadhaar—a national scheme that issues Indian citizens and residents a unique identification number while collecting and storing their most personal biometric and demographic information. As the Aadhaar system was implemented and promoted in India, widespread concerns grew regarding the storage and protection of such private information. How can Indian citizens enforce and protect their privacy rights? In 2017, the Indian Supreme Court attempted to address this issue by holding that an individual’s right to privacy is an inherent part of the right to life and personal ...


1822 - Constitucion Politica De La Monarquia EspañOla, Promulgada En Cadiz El Dia 19 De Marzo De 1812 Con La Relacion De Lo Acaecido En EspañA Desde El Dia 1 De Enero Hasta ÚLtimos De Marzo Del AñO 1820, 2019 California State University, Monterey Bay

1822 - Constitucion Politica De La Monarquia EspañOla, Promulgada En Cadiz El Dia 19 De Marzo De 1812 Con La Relacion De Lo Acaecido En EspañA Desde El Dia 1 De Enero Hasta ÚLtimos De Marzo Del AñO 1820

Miscellaneous Publications – Spanish

On March 19, 1812, during the Spanish War of Independence (1808−14), the Cortes of Cádiz promulgated the Constitution of the Spanish Monarchy. The liberal in character Constitution was the first constitution in Spain that established national sovereignty and the division of powers. King Fernando VII reigned for a short period in 1808, before being overthrown by Napoleon. In 1813, Fernando regained the throne at the conclusion of the war of independence. Fernando abolished the Constitution restoring absolute monarchical power. Fernando exercised this power until the end of his reign in 1833, except for the liberal three-year period of 1820 ...


1844 - The History Of Oregon And California And Other Territories, Robert Greenhow, 2019 California State University, Monterey Bay

1844 - The History Of Oregon And California And Other Territories, Robert Greenhow

Miscellaneous Documents and Reports

Writing principally about the portion of North America border on the Pacific Ocean between the 40th and 54th parallels of latitude (Oregon), Greenhow found it necessary to also include the regions known as California that extended southward from the Columbia River to the Californian Gulf. Recognizing that the territories were becoming increasingly more important due to the advancement of the population of adjoining countries towards the territories; from the constant increase of the trade and navigation of several countries claiming powers in the Pacific. The difficulty of effecting an amicable partition of the territories was becoming more urgent ...


1812 - Constitucion De Cádiz, 2019 California State University, Monterey Bay

1812 - Constitucion De Cádiz

Miscellaneous Publications – Spanish

The Constitution of the Spanish monarchy was also known as Spanish Constitution of 1812 or Constitution of Cadiz was in Cádiz on March 19, 1812. It has been granted great historical importance because it is the first Spanish Constitution. It remained officially in force for two years when it was repealed on May 4, 1814, although as late as 1820, allegiance to the 1812 Spanish Constitution was still being demanded. The Constitution of Cádiz among other things limited the power of the monarchy, the abolished feudalism, provided equality between Spanish born Spaniards and Americans, and ended the Spanish inquisition.


Revenue Embeddedness And Donation: A Framework For Exploring The Crowding In / Crowding Out Effects Of Earned Revenue, Jamie Levine Daniel 2019 Indiana University-Purdue University Indianapolis

Revenue Embeddedness And Donation: A Framework For Exploring The Crowding In / Crowding Out Effects Of Earned Revenue, Jamie Levine Daniel

Law, Economics, & Business Workshop

No abstract provided.


The Actual Paradigm Of Freedom Of Movement In The Context Of Eu Migrants Rights, Elina Marinova, Elitsa Kumanova, Zornitsa Yordanova, Doroteya Dimova, Ivelin Velchev 2019 University of Ruse

The Actual Paradigm Of Freedom Of Movement In The Context Of Eu Migrants Rights, Elina Marinova, Elitsa Kumanova, Zornitsa Yordanova, Doroteya Dimova, Ivelin Velchev

International Journal of Business and Technology

The purpose of this paper is examination of the current dimensions of the freedom of movement of persons in the EU, which is a milestone in the construction of the European space. The refugee wave in the last decade, following the onset of the "Arab spring", has raised new questions about the rights and status of persons, who had left their countries because of military conflicts or civil wars and sought asylum in EU countries. Bulgaria has been unprepared to respond adequately to the protection of the EU's external border from illegal immigration and has rethought key issues such ...


The Impact Of Public Interest In The Information Privacy: Analyze Of The Ecthr Decisions, Jorida Xhafaj, Almarin Frakulli 2019 University for Business and Technology

The Impact Of Public Interest In The Information Privacy: Analyze Of The Ecthr Decisions, Jorida Xhafaj, Almarin Frakulli

International Journal of Business and Technology

The main object of this paper is the tender balance that exists and arises even more between the use of personal information that people provide in the course of most public security actions and privacy. This study analyze the most famous and strong related decision of the European Court of Human Rights, with the aim to give our opinion how has to be understand the barrier between the power of individuals over information and the power of public institutions to guaranties security.

The protection of personal data is of fundamental importance to a person’s enjoyment of his or her ...


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