Law Commons^™

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.

Section 5 Of The Voting Rights Act: Necessary Then And Necessary Now., Chanel A. Walker

Chanel A Walker

•WHAT IS THE BEST ARGUMENT FOR KEEPING THE VOTING RIGHTS ACT? BETTER YET, DOES DISCRIMINATION STILL EXIST AND IF SO DOES IT EXIST ENOUGH SO TO MAKE THE VOTING RIGHTS ACT NECESSARY? SHELBY COUNTY HAS DEEMED THIS PROVISION OF THE VOTING RIGHTS ACT (SECTION 5) AS UNNECESSARY AND UNCONSTITUTIONAL. THIS COUNTY THINKS THAT DISCRIMINATION IS NO LONGER APPARENT IN VOTING PRACTICES, BUT IN THE 2012 PRESIDENTIAL ELECTION IT WAS MORE INHERENT THAN EVER WHEN MULTIPLE COUNTIES ALL OVER THE COUNTRY TRIED TO REDUCE THE HOURS ON POLLING PLACES AND WANTED TO DO AWAY WITH EARLY VOTING. IF THERE IS STILL …

April 18, 2013: Boston, Bruce Ledewitz

Hallowed Secularism

Blog post, “Boston“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Psychopathy And Sentencing: An Investigative Look Into When The Pcl-R Is Admitted Into Canadian Courtrooms And How A Pcl-R Score Affects Sentencing Outcome, Katie Davey

Electronic Thesis and Dissertation Repository

Little is known about how and when the Psychopathy Checklist Revised (PCL-R) is being introduced into Canadian Courts or how it affects sentencing outcomes. Using the Lexis-Nexis Quicklaw Academic Database to retrieve judge’s sentencing decisions, all 274 cases with PCL-R information for Canadian courts were included in this study. It was hypothesized correctly that PCL-R information would most often be introduced in Long Term Offender (LTO) and Dangerous Offender (DO) applications as well as sentencing cases for murderers and sex offenders. The 274 cases were then reduced to 37 cases in order to focus on sentencing without Dangerous Offender or …

The Incorporation Doctrine: The Degradation Of State Sovereignty And The Ushering Of Federal Tyranny, Roland Al Achtau

Senior Honors Theses

Abstract

My senior thesis paper will discuss the incorporation doctrine of the Bill of Rights to state governments. The incorporation doctrine has been subject to extensive debate as to the proper relationship between state and federal sovereignty. Proponents of incorporation believe that the incorporation of the Bill of Rights limits state governments from using pre-Civil War practices (such as discrimination and inhumane treatment of persons) and thus would ensure greater liberty to individuals. However, opponents believe that such a transfer of power to the federal government can lead to the demise of state sovereignty and usurpation of national power. In …

Summary Of Slaatte V. State, 129 Nev. Adv. Op. 23, David H. Rigdon

Nevada Supreme Court Summaries

An appeal from a judgment of conviction that imposed restitution in an uncertain amount. Slaatte argued that Nevada law requires that a district court set a fixed amount of restitution when it determines that restitution is appropriate as part of a sentence.

Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo

Electronic Thesis and Dissertation Repository

Brazil’s toll-highway system is among the most extensive tolling systems on the planet. This extensive toll-highway system affects millions of Brazilians, particularly because it is increasingly difficult for Brazilians to move between work and home without passing through a number of toll gates. Moreover, most toll roads in Brazil have been conceded from the government to private actors, and regulations governing the actions of these private actors (and the rates they charge to highway users) are sparse. This thesis will examine the nature of the highway toll industry in Brazil, the laws conceding toll roads to private actors, and the …

Where Will Deposits In The Us Flee?, William Byrnes

William H. Byrnes

No abstract provided.

Partcipant, Juvenile Detention Alternatives Initiative Inter-Site Conference, Francine Sherman

Francine T. Sherman

Professor Sherman participated in two workshops, Reducing Disparities at the Intersection of Gender, Race and Ethnicity and Eliminating the Use of Detention for Commercially Sexually Exploited Children, at the Juvenile Detention Alternatives Initiative Inter-site Conference held in Atlanta, Georgia.

Intergovernmental Agreement Shopping For Definitions, William Byrnes

William H. Byrnes

No abstract provided.

Class Action Settlements: An Opt-In Proposal, John Bronsteen

John Bronsteen

No abstract provided.

Beyond The Bylaws: Hospital-Physician Relationships, Economics, And Conflicting Agendas, John D. Blum

John D. Blum

No abstract provided.

Swimming Upstream Against The Great Adoption Tide: Making The Case For “Impermanence,”, Sacha M. Coupet

Sacha M Coupet

No abstract provided.

Access Denied: How Social Media Accounts Fall Outside The Scope Of Intellectual Property Law And Into The Realm Of The Computer Fraud And Abuse Act, Tiffany Miao

Fordham Intellectual Property, Media and Entertainment Law Journal

This note addresses the challenge of applying intellectual property laws to determining ownership rights over social media accounts, specifically in the employer and employee context. This note suggests that IP regimes, namely Trademark, Copyright,and Trade Secrets, fail to provide an adequate framework for determining such ownership rights. Instead, this note proposes that the Computer Fraud and Abuse Act serves as a more appropriate legal framework.

Aba Techshow Report, Debbie Ginsberg, Emily Barney

Presentations

In this Brown Bag, Emily Barney and Debbie Ginsberg discussed the latest trends in legal technology, including finding evidence in social networks and mobile technologies, practicing law "on the go," and technologies for courtroom presentations.

Moral, Politics And Method: The Influence Of Ronald Dworkin´S Philosophy On The Brazilian Supreme Court, Luciano Del Monaco, Nuria López

Nuria López

This article analyses the influence of Ronald Dworkin´s philosophy on the Brazilian Supreme Court. After the Constitution of 1988, the Supreme Court gained a new and broader role in Brazilian political scene. At this time, the work of Ronald Dworkin (and its Brazilian editions) became popular and served as justification for the most important cases on the Supreme Court: the fidelity of Congressist´s members on their Political Party; the permission of embryonic stem cells research; the unconstitutionality of press regulation; and the homosexual civil union. Dworkin´s philosophy is a part of the changing-role of the Supreme Court in Brazil. This …

The Tides Are Turning: Eeoc Pattern Or Practice Lawsuits Must Adhere To Title Vii's 300-Day Limitation Period, Lily M. Strumwasser

Lily M Strumwasser

No abstract provided.

Asserting Patents To Combat Infringement Via 3d Printing: It’S No “Use”, Daniel Harris Brean

Fordham Intellectual Property, Media and Entertainment Law Journal

Three-dimensional ("3D") printing technology, which enables physical objects to be "printed" as easily as words can be printed on a page, is rapidly moving from industrial settings into consumers' homes. The advent of consumer grade 3D printers fundamentally alters the traditional allocation of manufacturing infrastructure and sales activity. No longer do manufacturers need to make, sell, and ship physical products in their physical states. Rather, consumers may download digital representations of products over the Internet for printing in the comfort their own homes. For products sold in this fashion that are patented, this presents difficult hurdles to enforcement against infringers. …

Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech, Margot E. Kaminski

Fordham Intellectual Property, Media and Entertainment Law Journal

The First Amendment protects anonymous speech, but the scope of that protection has been the subject of much debate. This Article adds to the discussion of anonymous speech by examining anti-mask statutes and cases as an analogue for the regulation of anonymous speech online. Anti-mask case law answers a number of questions left open by the Supreme Court. It shows that courts have used the First Amendment to protect anonymity beyond core political speech, when mask-wearing is expressive conduct or shows a nexus with free expression. This Article explores what the anti-mask cases teach us about anonymity online, including proposed …