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Articles 5101 - 5130 of 54440
Full-Text Articles in Entire DC Network
Do You Need Legs To Stand? Wild Rice Stands In Trial And An Examination Of The Use Of Legal Personhood To Protect The Rights Of Nature In Court, Anna C. Scartz
Do You Need Legs To Stand? Wild Rice Stands In Trial And An Examination Of The Use Of Legal Personhood To Protect The Rights Of Nature In Court, Anna C. Scartz
Georgia Journal of International & Comparative Law
No abstract provided.
Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz
Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet
Overqualified And Underrepresented: Gender Inequality In Pharmaceutical Patent Law, S. Sean Tu, Paul R. Gugliuzza, Amy Semet
Journal Articles
Pharmaceutical patents represent some of the most valuable intellectual property assets in the world: they can be worth billions of dollars if courts uphold their validity and find them infringed. But, if invalidated, generic drug manufacturers can get to market earlier, generating billions of dollars of revenue for themselves and creating enormous savings for consumers. Accordingly, drug patents are the product of careful, high-cost prosecution and are associated with high-stakes, bet-the-company litigation. But women lawyers are noticeably absent from pharmaceutical patent practice. This article reports an original empirical study finding that women comprise only one-third of the top pharmaceutical patent …
The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak
The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak
Cardozo Journal of Conflict Resolution (CJCR) Blog
This past June, Daily Harvest, a vegan meal delivery service that sells soups, smoothies, and more recalled one of its products, French Lentil + Leek Crumbles, after hundreds of consumer reports of gastrointestinal illness, potential liver function issues, and other adverse reactions. According to the Food and Drug Administration (FDA), from April 28 to June 17, 2022, around 28,000 units of the recalled product were distributed to consumers throughout the United States via online sales, direct delivery, and retail sales. Samples were also given to a small number of consumers. Daily Harvest received around 470 reports of illness, which the …
Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan
Liberating The Truth In Augustine’S Confessions And Douglass’ Narrative, Vincent Hanrahan
Compass: An Undergraduate Journal of American Political Ideas
In this paper, I explore how Frederick Douglass’ and St. Augustine's understanding of the corruption of God's word produced their respective achievement of freedom. In examining Augustine’s Confessions and Douglass’ Narrative, we come to understand the moral imperative of public service both thinkers promoted; the idea that individuals have a distinct social obligation to share their knowledge in a promotion of the greater good.
Poetry And Praxis: Lessons From An Activist Educator, Dr. Emmanuel Tabi
Poetry And Praxis: Lessons From An Activist Educator, Dr. Emmanuel Tabi
Journal of Multicultural Affairs
Drawing on data from a narrative multi-case study based in Toronto, Canada, this article discusses the lived experiences of one Black activist. Utilizing critical race theory, new literacy studies and the rhetoric of cultural production as theoretical frameworks, the article foregrounds the work of Ebele, a Toronto activist whose work supported the educational trajectories and emotional well-being of Black students, many of whom reported being marginalized in school. Through his creative labor, Ebele directly addressed the sociology of anti-Black racism that deeply influences the lives of Afrodiasporic people in Canada. This article continues the conversation about what it means to …
Mutually Intelligible Principles?, Andrew J. Ziaja
Mutually Intelligible Principles?, Andrew J. Ziaja
Pace Law Review
Are the nondelegation, major questions, and political question doctrines mutually intelligible? This article asks whether there is more than superficial resemblance between the nondelegation, major questions, and political question concepts in Wayman v. Southard, 23 U.S. (10 Wheat.) 1 (1825), an early nondelegation case that has become focal in recent nondelegation and major questions scholarship and jurisprudence. I argue that the nondelegation and political question doctrines do interact conceptually in Wayman, though not as current proponents of the nondelegation doctrine on the Supreme Court seem to understand it. The major questions doctrine by contrast conscripts the nondelegation …
Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba
Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba
University of Miami International and Comparative Law Review
Technological advances in the 21st century pose new threats to human rights from business activities. In this new technological age, individuals and communities engage through an increasing myriad of digital means and platforms, all facilitated by a smaller, more powerful set of global BigTech companies, such as Microsoft, Apple, Google, and Meta (formerly known as Facebook). In so doing, however, our lives as workers, consumers, and citizens become subject to increasing corporate control through surveillance capitalism and algorithmic governance. With the dawn of metaverses—3D immersive digital environments in which you can interact with others via avatars and through virtual and …
Prescribing A Change To The Fda's Drug Labeling Rules After The 21st Century Cures Act, P. Sydney Engle
Prescribing A Change To The Fda's Drug Labeling Rules After The 21st Century Cures Act, P. Sydney Engle
Duke Law Journal
Signed into law in 2016, the 21st Century Cures Act offers new hope to patients by empowering the FDA to expedite review of innovative, potentially lifesaving drugs. But these expedited approvals raise the risk that pivotal drug safety and efficacy data will not arise until after the drug is already on the market. The Cures Act failed to respond to two key aspects of shifting the discovery of safety and efficacy data to the postmarket phase. First, the Cures Act did not correspondingly enhance the FDA’s authority to require manufacturers to generate and disclose postmarket information. Second, it did not …
Accommodating Victims With Mental Disabilities, Danielle Shelton
Accommodating Victims With Mental Disabilities, Danielle Shelton
Dickinson Law Review (2017-Present)
The #MeToo movement has brought the voices of victims of sexual assault into the public’s eye and, in turn, into the legal system. As its name suggests, the movement’s strength lies in numbers—it is, after all, hard to ignore the collective voices of a group of considerable size and visibility. This Article argues that another group of victims—namely, victims who have mental disabilities— also are desperately in need of their own movement to raise public awareness and bring about reform. However, because of their cognitive and communication impairments, this group of victims is unlikely to effectuate reform itself. Instead, these …
Navigating Beyond The Lodestar: Borrowing The Federal Sentencing Guidelines To Provide Fee-Shifting Predictability, Matthew Ahn
Navigating Beyond The Lodestar: Borrowing The Federal Sentencing Guidelines To Provide Fee-Shifting Predictability, Matthew Ahn
Dickinson Law Review (2017-Present)
The lodestar has been the dominant calculation method for fee-shifting awards for nearly 40 years. But the lodestar has numerous persistent issues: it leads to extra litigation and judicial effort, it results in highly variable fee awards, and it incentivizes plaintiffs’ attorneys to bill extravagantly and reject settlement. This Article argues that these issues with the lodestar, along with many others, result from a mismatch between the lodestar and the purpose of the underlying fee-shifting statutes, which is to encourage attorneys to bring suits that would not normally be economically viable. Encouraging attorneys to do so requires the fee awards …
How Not To Be A Federal Criminal: A Review Of Mike Chase’S How To Become A Federal Criminal And The Case For Inclusion Of His Illustrated Handbook In American Law Schools, Zachary Stendig
Dickinson Law Review (2017-Present)
No abstract provided.
Investigative Deception Across Social Contexts, 22-14 Knight First Amend. Inst. (Dec. 16, 2022), Alan K. Chen
Investigative Deception Across Social Contexts, 22-14 Knight First Amend. Inst. (Dec. 16, 2022), Alan K. Chen
Sturm College of Law: Faculty Scholarship
This essay explores investigative deceptions, intentional lies used to gather information that is in the public interest, across different areas of law. In some contexts, such falsehoods are viewed as producing great social benefits. For example, civil rights laws embrace intentional lies by testers to smoke out discriminatory conduct. Under federal labor law, union 'salts' are allowed to hide their identity and acquire jobs with employers whose workers they wish to organize. In most cases, law enforcement officers may engage in elaborate subterfuges when operating 'stings' and interrogating witnesses. In these contexts, the law permits a person to lie in …
Bilingual English-Spanish Louisiana Civil Code, Book Ii, Mariano Vitetta
Bilingual English-Spanish Louisiana Civil Code, Book Ii, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
Natural And Artificial Neural Networks: The Chilean Legal Framework, Carlos Amunátegui Perelló
Natural And Artificial Neural Networks: The Chilean Legal Framework, Carlos Amunátegui Perelló
Journal of Civil Law Studies
Neuro-law and neuro-rights are emerging legal fields in the intersection of law, ethics, and technology. The aim of this study is to present the legal and scientific foundations of the matter, highlighting the Chilean regulation model on the problem.
Vernon Valentine Palmer, The Lost Translators Of 1808 And The Birth Of Civil Law In Louisiana, Mariano Vitetta
Vernon Valentine Palmer, The Lost Translators Of 1808 And The Birth Of Civil Law In Louisiana, Mariano Vitetta
Journal of Civil Law Studies
No abstract provided.
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The Clean Water Act has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This Article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This array …
Texas, Melissa Munson
Texas, Melissa Munson
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Kentucky, Gary Holland
Kentucky, Gary Holland
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Recommendations For Sustainable Tourism In Patagonia: An Exploratory Analysis Of Sustainable Tourism In Costa Rica, The Nordic Region, And Thailand’S Communities, Julia K. Lowery
Undergraduate Honors Theses
This thesis explores different levels of governance and its role towards actualizing sustainable tourism in Patagonia. With the growing threat of climate change, international destinations such as Patagonia are looking to continue building their tourism industries in a sustainable way. Through analyzing case studies of national governance in Costa Rica, multi-national governance in the Nordic region, and community-based tourism in Thailand, we can better understand how each form of governance has the potential to create a sustainable tourism industry. With this understanding of successful governance in my case studies, as well as understanding the historical and political forces that have …
Entering Without Breaking: Challenges And Strategies Of The Qualitative Criminologist Investigating Carceral Spaces, Anaïs Tschanz
Entering Without Breaking: Challenges And Strategies Of The Qualitative Criminologist Investigating Carceral Spaces, Anaïs Tschanz
Qualitative Criminology (QC)
"Although qualitative methodology courses in criminology make it possible to gain theoretical and practical training in the collection, analysis and interpretation of data gathered using qualitative tools, these more rarely help address more targeted questions and concerns. Without making any claim to offer definitive solutions beyond the status of “tip,” this article attempts to tackle “things they don't really teach you how to handle in your qualitative methodology class,” concerning research in a carceral environment. By characterising carceral space as an opaque, all-encompassing environment pervaded by spatiotemporal constraints, it describes strategies that can be implemented in the face of organisational, …
Idaho’S Llc Act: Oral Operating Agreements And The Statute Of Frauds, Marcus H. Waterman
Idaho’S Llc Act: Oral Operating Agreements And The Statute Of Frauds, Marcus H. Waterman
Idaho Law Review
No abstract provided.
The Old People Are The Song, And We Are Their Echo: Resurgence Of W̱ Sáneć Law And Legal Theory, Robert Justin Clifford
The Old People Are The Song, And We Are Their Echo: Resurgence Of W̱ Sáneć Law And Legal Theory, Robert Justin Clifford
PhD Dissertations
This dissertation attends to pressing questions of strategy and tactics in relation to Indigenous law revitalization in the context of the climate crisis. Grounded in my own W̱SÁNEĆ legal order, I provide an accounting of the context in which the resurgence of W̱SÁNEĆ law is occurring, and clarity regarding what we hope to accomplish with the revitalization of W̱SÁNEĆ (and more broadly, Indigenous) law, both locally and in response to global climate crisis. Doing so prompts questioning of the very foundations of Canadian constitutionalism, and indeed, our most basic ideologies and conceptualizations of our place and relationships within the world. …
Brief For Lorianne Updike Toler As Amicus Curiae Supporting Neither Party, Gorge Design Group, Llc V. Xuansheng, Lorianne Updike Toler, Lawrence A. Stein
Brief For Lorianne Updike Toler As Amicus Curiae Supporting Neither Party, Gorge Design Group, Llc V. Xuansheng, Lorianne Updike Toler, Lawrence A. Stein
College of Law Faculty Publications
The Patent and Copyright Clause in the Constitution was designed to stimulate the economy by promoting “the Progress of Science and useful Arts,” and was also limited to that purpose. Insofar as the economy was not stimulated and promoted in the United States, the Clause had a limit. Thus the Patent and Copyright Clause was not thought to be absolute by its Framers, and was bounded geographically, temporally, and to those inventions that were useful. Under the Fifth Amendment, both the Takings and Due Process Clauses protecting property derived from the Magna Carta of 1215. Since this time, the Takings …
Hartazgo: Understanding How #Yotecreo Emerged In Venezuela, Maria Corina Muskus Toro
Hartazgo: Understanding How #Yotecreo Emerged In Venezuela, Maria Corina Muskus Toro
LLM Theses
This thesis explores how digital feminist activism sparked, using as a case study #YoTeCreo movement in Venezuela. Using the FemMesh to connect feminists knowledges, nodes and entanglements together with a transnationalized intersectionality, I discuss how this digital activism occurred locally. As this topic is novel and this thesis is exploratory, I combine the theoretical framework mentioned before together with feminist qualitative methodology by interviewing the leaders of #YoTeCreo and answer my research question. I concluded that the spark of #YoTeCreo in Venezuela is a combination of different factors and it is not a transplantation of the #MeToo movement from North …
Consumer Boycotts In The Time Of War Crisis: An Efficient Citizenship Strategy Or A Temporary Spurt Of Solidarity, Jolanta Zralek
Consumer Boycotts In The Time Of War Crisis: An Efficient Citizenship Strategy Or A Temporary Spurt Of Solidarity, Jolanta Zralek
Journal of Vincentian Social Action
By drawing from the theory of consumer citizenship, collective activism, and consumer boycotts, this article strives to understand the nature of the current calls for consumer resistance and the following consumers’ actions that resulted from the Russian invasion of Ukraine. In particular, by utilizing Friedman’s (1991) taxonomy of boycotts, we aimed to identify the character, motives, and tools of ongoing boycotts and thus estimated their actual and probable effectiveness. The main research questions in this paper concern what type of consumer boycotts we currently observe, what the aims and motives are of current boycotting, and whether the noticed boycotting attempts …
Forming A "Brain Print:" Using Cognitive Neuroscience And Brain Imaging As An Objective Measure Of Criminal Insanity, Christos D. Strubakos
Forming A "Brain Print:" Using Cognitive Neuroscience And Brain Imaging As An Objective Measure Of Criminal Insanity, Christos D. Strubakos
Lincoln Memorial University Law Review Archive
Fiction popularized the concept of criminal insanity. Yet, despite its popularity in the virtual world, it is rarely used in real life. The chief reason for this is that mental disorders that may inhibit a defendant's ability to form reasonable cognitive representations of reality often do not impact his ability to form a key element of a crime: the requisite mental state. Thus, the legal definition of criminal insanity refers to a mental defect that affects a defendant's ability to appreciate her actions at the time of the crime or to understand her actions are wrong. Further complicating matters is …
Dude, Where's My House: The Interaction Between The Takings Clause, The Police Power, The Militarization Of Law Enforcement, And The Innocent Third-Party Property Owner, Tristan Reagan
Tulsa Law Review
No abstract provided.
Perlindungan Hak Cipta Terhadap Penggandaan Permainan Video (Copyright Protection Against Video Game Copying), Ahmad Fajri Wibowo
Perlindungan Hak Cipta Terhadap Penggandaan Permainan Video (Copyright Protection Against Video Game Copying), Ahmad Fajri Wibowo
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Copyright protection provides legal protection to creative industries. One of the creative industries that need to be protected is the video game industry. The development of video games in Indonesia is very fast, therefore legal protection is needed to maintain the development of the video game industry. Basically a video game is an object of creation contained in Law Number 28 of 2014 concerning copyright. In the development of the video game industry, there are problems that occur such as the number of illegal copies of video games. Thus, copyright protection plays a very important role in maintaining the video …
Exploring Anti-Racism In The First Year Legal Writing Classroom, Amanda K. Maus Stephen
Exploring Anti-Racism In The First Year Legal Writing Classroom, Amanda K. Maus Stephen
Presentations
The Legal Writing Institute hosted a series of one-day workshops at various law schools, including at SU, where the theme of the workshops was "Teaching Values in the Legal Writing Classroom." This presentation explores assignments and activities that legal writing professors can use to introduce and reinforce ant-racism as a critical professional value.