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Articles 931 - 960 of 54379
Full-Text Articles in Entire DC Network
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Journal of Humanities and Social Sciences
The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …
International Investment Law And Sustainable Development - Friend Or Foe?, Barnali Choudhury
International Investment Law And Sustainable Development - Friend Or Foe?, Barnali Choudhury
All Papers
Foreign direct investment (FDI) is widely regarded as a critical mechanism for achieving the Sustainable Development Goals (SDGs), yet the legal framework governing such investment often operates in tension with sustainability imperatives. This conference paper examines the complex relationship between international investment agreements (IIAs) and sustainable development and questions whether IIAs serve as instruments that promote or impede states’ pursuit of sustainability objectives. It argues that the structure and interpretation of IIAs, characterized by broad definitions and expansively worded standards of treatment as well as the use of investor–state dispute settlement (ISDS), have frequently constrained states’ regulatory autonomy, particularly in …
Foundations For Platform Liability, Kathryn E. Spier, Rory Van Loo
Foundations For Platform Liability, Kathryn E. Spier, Rory Van Loo
Notre Dame Law Review
From spreading misinformation to selling deadly products, bad actors use technology platforms to their advantage while causing devastating harms to privacy, health, and even democracy. Despite their central role in enabling these bad actors, the platforms almost entirely escape liability. This legal immunity is purportedly grounded in economics. From the beginning, courts and legislatures feared that liability would chill innovation, growth, and user access. They also speculated that platforms have sufficient market incentives to voluntarily police bad actors, making liability unnecessary.
Whereas many scholars have argued that platform immunity is blind to justice, this Article shows that it is also …
Necessity In Free Exercise, Brady Earley
Necessity In Free Exercise, Brady Earley
University of Chicago Law Review
The Free Exercise Clause is a broadly worded constitutional prohibition against government intrusion on religious exercise. To construct limits, courts have consistently required government officials to demonstrate the necessity of state action burdening religion. Yet government officials regularly fail to produce evidence of necessity, leaving judges to intuit or assume whether necessity exists. This Comment offers a better way. Using a method known as difference-in-differences (DiD), lawmakers can draw upon the experience of existing state laws to enact laws justified with evidence. This Comment demonstrates the value of DiD with a current free exercise controversy involving the Old Order Amish …
Copyright Law And Property Law, Keith N. Hylton
Copyright Law And Property Law, Keith N. Hylton
Texas A&M Journal of Property Law
Property is at the core of state law since it is the exclusive power of the individual state governments to define and protect property rights within their jurisdiction. In this paper I will discuss the general connection between copyright and property generally. I will argue that property law sheds important light on copyright law and can help us cut through modern controversies in copyright law. If I am correct in this view, any judge sufficiently familiar with property law doctrines could do better than the Supreme Court of the United States in resolving a new copyright controversy. Specifically, property law …
The Native American Graves Protection And Repatriation Act As A Model Of Cultural Sovereignty For Protecting Indigenous Sacred Site, Michalyn Steele
The Native American Graves Protection And Repatriation Act As A Model Of Cultural Sovereignty For Protecting Indigenous Sacred Site, Michalyn Steele
Fordham Law Review
No abstract provided.
An Assessment Of The Legal Framework For Prosecuting Iuu Fishing In Nigeria, Lydia Salla Kadiri
An Assessment Of The Legal Framework For Prosecuting Iuu Fishing In Nigeria, Lydia Salla Kadiri
World Maritime University Dissertations
No abstract provided.
Plastic Pollution In The Arctic Region And International Rules : Applicability And Limitations, Zhanfeng Lang
Plastic Pollution In The Arctic Region And International Rules : Applicability And Limitations, Zhanfeng Lang
World Maritime University Dissertations
No abstract provided.
The Problem Of Noise Pollution In Chinese Waters : Can The Current National Legal Framework Tackle The Problem?, Zhou Wang
World Maritime University Dissertations
No abstract provided.
Combating Illegal, Unreported And Unregulated (Iuu) Fishing In Argentina : Role Of Argentinian Coastguard As Maritime Authority In Charge Of Law Enforcement, Mario Damian Tiscornia
Combating Illegal, Unreported And Unregulated (Iuu) Fishing In Argentina : Role Of Argentinian Coastguard As Maritime Authority In Charge Of Law Enforcement, Mario Damian Tiscornia
World Maritime University Dissertations
No abstract provided.
The Contractualization Of Disability Rights Law, Yaron Covo
The Contractualization Of Disability Rights Law, Yaron Covo
University of Chicago Law Review
What body of law determines the content and scope of disability rights in the United States? The conventional wisdom is that the rights of disabled individuals are enshrined in and shaped by an array of civil rights statutes. While this answer is correct, it is incomplete. As this Article shows, U.S. disability rights are also built upon contract law concepts and doctrines. For example, in interpreting disability rights statutes, courts have turned to the parol evidence rule, the duty of good faith, and the doctrines of impossibility, materiality, duress, and mistake. Although not explicitly enumerated in disability rights statutes, these …
Critical Approaches To Jurisdiction: The Struggle For Control Of Indigenous Lands And Resources, Dayna Scott
Critical Approaches To Jurisdiction: The Struggle For Control Of Indigenous Lands And Resources, Dayna Scott
Articles & Book Chapters
This chapter questions the starting assumptions in thinking through questions of “jurisdiction” in public law, specifically in relation to assertions of inherent Indigenous territorial governing authority. It reviews the common conceptual images of jurisdiction we employ in law schools and offers resources from critical interdisciplinary theory for new conceptions. In highlighting examples of the present exercise of Indigenous territorial jurisdiction, such as the Kunst'aa guu— Kunst'aayah Reconciliation Protocol and the Tsleil-Waututh Sacred Trust Assessment of the Trans Mountain Expansion (TMX) project, the chapter urges public law scholars to adopt an orientation of prefiguration in order to bring into being conceptualizations …
Skrmetti Beyond Scrutiny, Kate Redburn
Skrmetti Beyond Scrutiny, Kate Redburn
Faculty Scholarship
In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care. For the first time, the Court considered a fundamental question in civil rights law: How does the Fourteenth Amendment regard transgender people? The Court gave little guidance. It did not sort out principles for deciding when anti-transgender discrimination classifies by sex, nor whether transgender people are a suspect class. Instead, the Court held that “[i]n the medical context, the mere use of sex-based language does not sweep a statute within the reach of …
Say Neigh To Handshake Deals: An Economic And Ethical Argument For Written Warranties In The Sales Of Thoroughbred Racehorses, Kate Coulter
Say Neigh To Handshake Deals: An Economic And Ethical Argument For Written Warranties In The Sales Of Thoroughbred Racehorses, Kate Coulter
William & Mary Business Law Review
Horse racing is one of the largest, most lucrative industries in the United States, but state laws regulating the exchange of billions of dollars through the sales of Thoroughbred racehorses remain inconsistent. Moreover, ethical issues such as poor breeding practices tarnish the reputation of the sport, detracting viewers and consequently endangering the future livelihood of the racing industry. Litigation over birth defects in Thoroughbreds is common, prone to appeal, and expensive. But, this litigation could be mitigated through the use of written warranties in the sale of these highly valuable horses, pursuant to and supplementing the statute of frauds and …
Revealing Hidden And Concealed Vehicle Compartments. A Survey Of States’ Efforts At Addressing Prohibition Era Tactics, Douglas A. Kash, Diya Rattan
Revealing Hidden And Concealed Vehicle Compartments. A Survey Of States’ Efforts At Addressing Prohibition Era Tactics, Douglas A. Kash, Diya Rattan
Northern Illinois University Law Review
The transportation of contraband such as controlled substances, illegal firearms, stolen items, and proceeds from criminal activities can take many forms and are subject to the ever-evolving creative efforts by traffickers and criminal organizations to avoid detection by law enforcement. However, one of the simplest and most straightforward mechanisms of transport is in hidden or “trap” compartments in motor vehicles. However, given the legitimate use of discreet compartments (sometimes referred to as “automotive safes” or “traps”) in motor vehicles to secure personal items, important paperwork, and even licensed firearms, a question arises as to whether hidden and false compartments in …
Pesticides, Pollinators, And Producers: The Epa’S New Herbicide And Insecticide Strategies And Illinois Farmers, Jonathan Jerkatis
Pesticides, Pollinators, And Producers: The Epa’S New Herbicide And Insecticide Strategies And Illinois Farmers, Jonathan Jerkatis
Northern Illinois University Law Review
The Environmental Protection Agency (EPA) has introduced new herbicide and insecticide strategies to comply with the Endangered Species Act (ESA), a move that will have significant implications for Illinois farmers and endangered species. Illinois, a leading producer of corn and soybeans, relies heavily on pesticides. Unfortunately, these chemicals have been identified as a key driver of monarch and other endangered species population decline. This note examines how the EPA’s new strategies aim to balance species protection with agricultural viability, addressing concerns over financial burdens of compliance, the complexity of the strategies, and a lack of enforcement provisions. While Illinois farmers …
Holistic Criminal Justice, Hadar Dancig-Rosenberg
Holistic Criminal Justice, Hadar Dancig-Rosenberg
Vanderbilt Law Review
What does it mean to adopt a holistic approach to criminal justice? This symposium treats that question as a foundational inquiry into the theory, practice, and institutional architecture of criminal law. At a time of eroding public trust, a broad recognition that mass incarceration both reflects and entrenches structural inequality, growing pressure on legal actors to account for the human costs of their decisions, and anxiety about the rule of law, revisiting the normative commitments of criminal law feels like an urgent task. Holistic criminal justice is not a single method or intervention. It is a reorientation—a conceptual framework and …
A Fear About Holistic Justice, Farhang Heydari
A Fear About Holistic Justice, Farhang Heydari
Vanderbilt Law Review
It is a great irony of our criminal system that the enforcement of our criminal laws has long had aspects of lawlessness. Although criminal statutes define impermissible conduct by members of the public, they generally offer little guidance for state actors enforcing them.' Officers can choose which offenders to cite or arrest and which to let go. Prosecutors can choose which charges to pursue and what pleas to offer. Executives select whom to pardon and how to allocate enforcement resources. Some see the discretion vested in government actors as a virtue-- a safety valve in a system that punishes too …
Plan-B Activist Defense: Defending Animal-Rights Activists In Courtrooms Hostile To Political Argumentation, Hadar Aviram
Plan-B Activist Defense: Defending Animal-Rights Activists In Courtrooms Hostile To Political Argumentation, Hadar Aviram
Vanderbilt Law Review
In recent years, several animal rights activists faced criminal charges for rescuing animals from factory farms. The standard legal approach in these cases has been relying on the necessity defense, which has a long history in cases of civil disobedience and ideologically driven crime. Animal law scholarship on this topic tends to focus on explaining why the defense applies to open rescue. However, as recent trials have demonstrated, actual courtrooms in rural counties tend to be hostile to the necessity defense, and judges can and do rely on Supreme Court precedent to keep it out of the courtroom.
This Article's …
Waiting For Godot: Thinking About Criminal Law After Mass Incarceration, Jonathan Simon Professor Of Law,
Waiting For Godot: Thinking About Criminal Law After Mass Incarceration, Jonathan Simon Professor Of Law,
Vanderbilt Law Review
This brilliant set of close observations and careful analyses on some of the most cutting-edge issues arising in criminal law and reform of the criminal-justice system arrives at a time of great uncertainty as to the direction of change in criminal justice in the United States. After roughly a decade of reform and a significant surge in social movements criticizing the excesses of policing and punishment, the national conversation around crime has shifted back toward fear and a preference for "tough" law-and-order policies. Each one of these essays is packed with a great deal of insight and detail about very …
Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl
Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl
Fordham Law Review
No abstract provided.
Competition, Comity, And Confusion: Reconciling The Ftaia’S Import Exclusion With Its Direct Effects Provision, Elliot Lam
Fordham Law Review
The debate surrounding the Sherman Act’s extraterritorial scope represents a tension between two competing objectives: protecting the U.S. economy from foreign anticompetitive conduct on one hand and respecting the sovereign authority of other nation-states on the other. Applying U.S. law abroad risks undermining sovereign authority by regulating foreign economies, though such regulation appears necessary in some cases to protect U.S. consumers.
Congress’s attempt to square these objectives through enacting the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) failed to settle the matter. The statute left courts with two new questions: how to distinguish “import” from “nonimport” commerce, and how …
Killing Through Their Kids, Dyllan Moreno Taxman
Killing Through Their Kids, Dyllan Moreno Taxman
William & Mary Law Review
In early 2024, James and Jennifer Crumbley were sentenced to over a decade in prison after their son, Ethan, shot and killed four classmates at Oxford High School in Michigan. The Crumbley parents incurred manslaughter liability by ignoring Ethan’s deteriorating mental state, gifting him the murder weapon, and failing to act on concerns about Ethan’s behavior on the day of the shooting. The Crumbleys were the first parents of a school shooter to be convicted of a homicide in American history. This Article suggests they will be far from the last. Indeed, less than one year after the Crumbley convictions, …
Theme Issue - Emerging Ip Enforcement In Online Markets And Digital Spaces, Michael Goodyear
Theme Issue - Emerging Ip Enforcement In Online Markets And Digital Spaces, Michael Goodyear
Articles & Chapters
Editor's Note
Standardization And Routine In Criminal Law, Eric S. Fish
Standardization And Routine In Criminal Law, Eric S. Fish
Vanderbilt Law Review
What does it mean to adopt a holistic approach to criminal justice? This symposium treats that question as a foundational inquiry into the theory, practice, and institutional architecture of criminal law. At a time of eroding public trust, a broad recognition that mass incarceration both reflects and entrenches structural inequality, growing pressure on legal actors to account for the human costs of their decisions, and anxiety about the rule of law, revisiting the normative commitments of criminal law feels like an urgent task.
Holistic criminal justice is not a single method or intervention. It is a reorientation-a conceptual framework and …
Criminal Punishment As A Human Right?, Saira Mohamed Professor Of Law,
Criminal Punishment As A Human Right?, Saira Mohamed Professor Of Law,
Vanderbilt Law Review
In the last thirty years, criminal punishment has emerged as a primary tool in service of the protection of international human rights. The development of the field of international criminal law has transformed mass human rights violations into crimes, and the crowning achievement of the field has been the creation of the International Criminal Court. Human rights tribunals, meanwhile, also have embraced the institutions of the criminal law and, through doctrines such as the due diligence standard, have translated states' obligations under human rights instruments into duties to criminally prosecute and punish. Those who were present at the creation might …
The Reasonable Officer And The Disabled Subject, Jamelia N. Morgan
The Reasonable Officer And The Disabled Subject, Jamelia N. Morgan
Vanderbilt Law Review
Police violence against disabled people is a fundamental problem of policing. Whether through so called wellness checks, quality of life policing, or coercive state civil commitment procedures, disabled people are often on the receiving end of intrusion, violence, and rights violations by law enforcement. Yet, so, too, is everyone else. That disabled people are similarly, and yet uniquely, vulnerable to intrusion, violence, and rights violations by law enforcement might seem like just another group to add to the list of groups harmed by policing and police violence. However, the focus on disability does not merely bring to the forefront problems …
Law Library Blog (November 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (November 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Data As Policy, Janet Freilich, W. Nicholson Price Ii
Data As Policy, Janet Freilich, W. Nicholson Price Ii
Faculty Scholarship
A large literature on regulation highlights the many different methods of policy-making: command-and-control rulemaking, informational disclosures, tort liability, taxes, and more. But the literature overlooks a powerful method to achieve policy objectives: data. The state can provide (or suppress) data as a regulatory tool to solve policy problems. For administrations with expansive views of government’s purpose, government-provided data can serve as infrastructure for innovation and push innovation in socially desirable directions; for administrations with deregulatory ambitions, suppressing or choosing not to collect data can reduce regulatory power or serve as a back-door mechanism to subvert statutory or common law rules. …
Singapore Awakened: How Success – And Flourishing – Shape Family, Seow Hon Tan
Singapore Awakened: How Success – And Flourishing – Shape Family, Seow Hon Tan
Research Collection Yong Pung How School Of Law
Assoc. Prof. (Dr.) Tan Seow Hon delivered the keynote address at Cultivate SG’s second annual conference, “Unfiltered – The Family on Trial”, on 17 November 2025. In her speech titled “Singapore Awakened: How Success – and the Alternative of Flourishing – Shape Family”, Dr Tan reflects on the “Singapore Dream”, the narrow mindset of success in contrast with the concept of flourishing, and how these impact marriage and family. She concludes by offering some thoughts on how to move from success to flourishing.