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Articles 1801 - 1830 of 115345
Full-Text Articles in Entire DC Network
Who Pays For Cheap Speech? How Economic Shifts In The News Industry Shape Defamation Law, Michaela Paquette
Who Pays For Cheap Speech? How Economic Shifts In The News Industry Shape Defamation Law, Michaela Paquette
The Business, Entrepreneurship & Tax Law Review
This article examines how the internet and the rise of “cheap speech” have transformed the media industry, disrupted traditional economic incentives for responsible journalism, and exposed the limitations of current defamation law. It argues that the New York Times v. Sullivan “actual malice” standard, while appropriate for the professionalized and objective media environment of the mid-20th century, no longer sufficiently supports robust public discourse in the digital age. This article proposes incorporating journalistic standards into defamation analysis as an evidentiary tool to better distinguish between mere negligence and actual malice while preserving core First Amendment considerations. By realigning legal incentives …
Good Newsletter September 2, 2025, Seattle University School Of Law Dean
Good Newsletter September 2, 2025, Seattle University School Of Law Dean
GOOD NEWSletter
No abstract provided.
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi
Brooklyn Journal of Corporate, Financial & Commercial Law
Video games contain copyrighted material that could easily be infringed upon by people streaming a performance of them playing the game. However, the streamers can protect themselves from infringement liability by transforming the content in some form or fashion such that their performance constitutes “fair use” of the copyrighted material. This is often accomplished by the streamer providing commentary while playing the game or adding a small video of themselves in the corner of the stream so that the viewers can see the streamers’ reactions to the content. With artificial intelligence seeing exponential growth in the past couple of years …
Strengthening The Rule Of Law In Ecuador: A Conversation With Jhoel Escudero Soliz, President Of The Constitutional Court, Jhoel Escudero, David Collins
Strengthening The Rule Of Law In Ecuador: A Conversation With Jhoel Escudero Soliz, President Of The Constitutional Court, Jhoel Escudero, David Collins
Judicature International
No abstract provided.
Are Ai-Assisted Drug Technologies Addressing Or Aggravating The Opioid Crisis In The United States?, Abby O'Hern
Are Ai-Assisted Drug Technologies Addressing Or Aggravating The Opioid Crisis In The United States?, Abby O'Hern
West Virginia Law Review
The opioid crisis is a significant public health emergency, intensified by the rise of synthetic opioids such as fentanyl. Lawmakers have described fentanyl as “terroristic in nature” due to its often-fatal properties. According to the Center for Disease Control (“CDC”), an estimated 107,543 people died from drug overdoses in the United States in 2023. As fentanyl use has surged, it has increasingly shaped public health policy through harm reduction initiatives, expanded addiction treatment resources, and legislative reforms aimed at curbing overdose deaths. Artificial Intelligence (“AI”) now plays a dual role in this evolving crisis. While AI technologies offer valuable tools …
Drafting A Solution: Overcoming The Existential Crisis Of The Selective Service System, John L. Markel
Drafting A Solution: Overcoming The Existential Crisis Of The Selective Service System, John L. Markel
West Virginia Law Review
With the growing fears of a large-scale combat operation against a near-peer adversary, the United States may confront a need to fully mobilize its military for the first time since World War II. A full-scale mobilization would likely necessitate the return of conscription (a.k.a. the draft). The Selective Service System (“SSS”) is currently the federal agency that oversees and conducts the draft in accordance with the provisions of the Military Selective Service Act (“Act”). Yet, this Act has remained untouched for more than two decades, meaning the current conscription system is functionally identical to that used during the Vietnam War, …
Crazy Rich Asians At What Cost? The Role Of Target Marketing In Perpetuating Problem Gambling In Asian Communities, Jana Marquez
Crazy Rich Asians At What Cost? The Role Of Target Marketing In Perpetuating Problem Gambling In Asian Communities, Jana Marquez
UNLV Gaming Law Journal
No abstract provided.
Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder
Litigating Loper Bright: Interpretive Challenges And Solutions For The Post-Chevron Era, Eric R. Bolinder
West Virginia Law Review
This Article arrives at a critical juncture in Administrative Law and comprehensively answers two burning questions about Loper Bright Enterprises v. Raimondo, the case that overturned Chevron deference. First, what did Loper Bright change about review of agency action? Second, how should lower courts implement the decision? This Article engages in a first-of-its-kind, exhaustive review of the major circuit court decisions citing Loper Bright and analyzes how influential judges, scholars, and justices have characterized the impact of the decision. The Article defines what role Skidmore “deference” and the major questions doctrine should play in judicial review—while seriously questioning the long-term …
"Tik Tok" On The Clock: It's Time To Amend Section 230, Mackenzie G. Howe
"Tik Tok" On The Clock: It's Time To Amend Section 230, Mackenzie G. Howe
West Virginia Law Review
The Communications Decency Act (“CDA”), enacted in 1996, was designed to support the rapid growth of the Internet, advancing access to political information, educational resources, culture, entertainment, and news. However, Section 230 of the CDA includes a key provision that grants nearly absolute immunity to online platforms such as Facebook, X, and TikTok. This provision states: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Despite the Supreme Court’s apprehension to reexamine Section 230, the Third Circuit took a novel approach to potentially …
Foreword, Pey Woan Lee
Acknowledgements, Ee Ing Ong
The Law On Deposits In Singapore, Tiong Min Yeo
The Law On Deposits In Singapore, Tiong Min Yeo
Singapore Law Journal (Lexicon)
This article traces the development of the law of deposits in Singapore and reviews the restatement of the law in the 2024 landmark decision of the Court of Appeal in Li Jialin v Wingcrown Investments Pte Ltd, as well as some of the issues left open by the decision. It is argued that while the decision has clarified that deposits are not subject to the penalty rule but instead subject to the common law test of reasonableness—with the practical consequence that, with clear drafting, contracting parties can rely on the validity of reasonable deposit clauses without the complication of …
A Settlement By “Any Other Name”: Evaluating The Sustainability Of Settlement Mechanisms, Dorcas Quek Anderson
A Settlement By “Any Other Name”: Evaluating The Sustainability Of Settlement Mechanisms, Dorcas Quek Anderson
Singapore Law Journal (Lexicon)
Private settlements have been consistently encouraged by the Singapore civil justice system. Depending on the context, the settlement may take on many forms, including consent orders and settlement agreements. This begs the question of whether the exact form of settlement matters, or whether a settlement “by any other name” suffices. This article proposes the concept of “sustainable settlements” – comprising the measures of ease of enforcement, finality, and confidentiality – to holistically appraise the effectiveness of settlement mechanisms. The assessment of six settlement mechanisms using these measures clearly indicates that not every mechanism is equally sustainable. Exploring settlement amidst the …
Where Singapore Meets Asean: Shaping Insolvency Reform For Micro And Small Enterprises, Lovein Leying Sui
Where Singapore Meets Asean: Shaping Insolvency Reform For Micro And Small Enterprises, Lovein Leying Sui
Singapore Law Journal (Lexicon)
Given the economic dependence on micro and small enterprises (MSEs) in the ASEAN region, the MSE insolvency regime is of paramount regional importance. Evidence indicates that the ASEAN region has prioritised the improvement of such a regime, especially after the financial instability following the COVID-19 pandemic. This paper explores how trends in ASEAN MSE insolvency can inform Singapore’s insolvency reforms to improve MSE access and efficiency, while also considering broader implications for the region.
The Guilty Plea Discount: An Elaboration On Singapore’S Guidelines, Genieve Zhi Yi Wu
The Guilty Plea Discount: An Elaboration On Singapore’S Guidelines, Genieve Zhi Yi Wu
Singapore Law Journal (Lexicon)
Over the past two decades, a defining feature of Singapore’s sentencing regime has been the creation of structured sentencing methodology, with the aim of ensuring broad consistency and fairness across offenders. The exercise of judicial discretion in sentencing has largely been guided by statutory frameworks and guideline judgments. However, beyond the legislature and judiciary, an inter-agency body named the Sentencing Advisory Panel has also been formed to issue persuasive but non-binding guidelines. This article focuses on the first set of guidelines issued by the Sentencing Advisory Panel in 2023, concerning the sentencing of accused persons who plead guilty. It explains …
Revisiting Letters Of Credit And The Enforceability Of Sanctions Clauses: Case Comment: Kuvera Resources Pte Ltd V Jpmorgan Chase Bank, N.A., Bing Feng, Keith Law
Revisiting Letters Of Credit And The Enforceability Of Sanctions Clauses: Case Comment: Kuvera Resources Pte Ltd V Jpmorgan Chase Bank, N.A., Bing Feng, Keith Law
Singapore Law Journal (Lexicon)
This article is a case commentary on the recent Singapore Court of Appeal decision of Kuvera Resources Pte Ltd v JPMorgan Chase Bank, N.A. [2023] 2 SLR 389. It begins with a brief review of the structure of documentary credit transactions before setting out the judgments by the High Court and Court of Appeal. The commentary then examines how both courts rationalised letters of credit within the traditional framework of unilateral contracts, before scrutinising the current position of sanctions clauses within letters of credit. It disagrees with the Court of Appeal’s hesitance towards accepting such clauses, noting that the unilateral …
1 Front Matter, Smu Lexicon
1 Front Matter, Smu Lexicon
Singapore Law Journal (Lexicon)
Front matter with cover page, title page, title verso (copyright page) and table of contents.
Civil Servant Disobedience: An Alternative Legal Strategy To Prevent Bureaucratic Pathology, Richo Andi Wibowo
Civil Servant Disobedience: An Alternative Legal Strategy To Prevent Bureaucratic Pathology, Richo Andi Wibowo
The Indonesian Journal of Socio-Legal Studies
This paper seeks to provide conceptual and empirical justifications for civil servants to engage in disobedience to curb bureaucratic pathology. Various civil servants have long complained that they face illegal instructions from their superiors. The cases discussed here are from public procurement, which has a dimension of political corruption, a recurring problem in many places in Indonesia. Thus, the problem shall be seen as a bureaucratic pathology rather than as maladministration. As the reporting of superiors to legal enforcers may be too risky, the disobedience can be accomplished by refusing to cooperate with superiors who give illegal instructions. The term …
Representation In The Age Of Repression: America’S Real Immigration Crisis Is The Lack Of Representation In Immigration Court, Paul Wickham Schmidt
Representation In The Age Of Repression: America’S Real Immigration Crisis Is The Lack Of Representation In Immigration Court, Paul Wickham Schmidt
University of Arkansas at Little Rock Law Review
No abstract provided.
Narrative Drip And Other Metaphors For Data-Resistant Immigration Enforcement, Matthew Boaz
Narrative Drip And Other Metaphors For Data-Resistant Immigration Enforcement, Matthew Boaz
University of Arkansas at Little Rock Law Review
No abstract provided.
Queer And Present Danger: Reconceiving Arkansas’S Artificial Insemination Laws To Protect Lgbtq Families, Chacey Schoeppel Wilcox
Queer And Present Danger: Reconceiving Arkansas’S Artificial Insemination Laws To Protect Lgbtq Families, Chacey Schoeppel Wilcox
University of Arkansas at Little Rock Law Review
No abstract provided.
Victims In European Criminal Law. An Overview Of What Happens Across The Pond, Gian Marco Caletti
Victims In European Criminal Law. An Overview Of What Happens Across The Pond, Gian Marco Caletti
University of the Pacific Law Review
No abstract provided.
Crime Victims’ Rights In The European Constitutions And The Scale Metaphor: Focus On The Recent Proposal To Amend The Italian Constitution, Matteo L. Mattheudakis
Crime Victims’ Rights In The European Constitutions And The Scale Metaphor: Focus On The Recent Proposal To Amend The Italian Constitution, Matteo L. Mattheudakis
University of the Pacific Law Review
No abstract provided.
Criminalizing Intimate Image Abuse: A Comparative Perspective (Gian Marco Caletti And Kolis Summerer, Eds.), Oxford University Press, 2024, Pp. 407, $145.00 (Hardbound), Rachel A. Van Cleave
Criminalizing Intimate Image Abuse: A Comparative Perspective (Gian Marco Caletti And Kolis Summerer, Eds.), Oxford University Press, 2024, Pp. 407, $145.00 (Hardbound), Rachel A. Van Cleave
University of the Pacific Law Review
No abstract provided.
The House Always Learns: Integrating Ai Into Las Vegas Casino Surveillance And The Laws Behind The Lens, Taylor Dixon
The House Always Learns: Integrating Ai Into Las Vegas Casino Surveillance And The Laws Behind The Lens, Taylor Dixon
UNLV Gaming Law Journal
No abstract provided.
Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes
Prerogative In Common: On The Emancipatory Potential Of Radical Mutuality Amid Sovereign Decisionism, Matthew Builes
Dissertations, Theses, and Capstone Projects
In times of crisis, liberal democracies resort to authoritarian measures that undermine core democratic values. Dominant thought in the study of emergency-era law and politics appeal to a dichotomy of normal and exceptional times, to critique or justify the turn to sovereign decisionism. While this strategy seems clear-cut, the persistence of exceptional spaces and the crises that supposedly generate them challenge existing frameworks by blurring the line between norm and exception. This project explores the prospect of radical mutual aid, as a transformative response to the enduring crisis of modernity.
Joinder, Not Jurisdiction: Toward A New Theory Of Standing, Adam N. Steinman
Joinder, Not Jurisdiction: Toward A New Theory Of Standing, Adam N. Steinman
Faculty Scholarship
This Article builds on an important development in the Supreme Court’s standing jurisprudence to propose a novel theory that would allow more meaningful access to federal courts while vindicating legitimate separation-of-powers concerns. In its recent decision in TransUnion LLC v. Ramirez, the Supreme Court endorsed a theory of standing based on Article II, writing that litigation between private parties—even when explicitly authorized by Congress—can run afoul of the executive branch’s interest in “how to prioritize and how aggressively to pursue legal actions against defendants who violate the law.” This Article II move has been justifiably criticized. But it is …
The New Framework For Directors’ Duty To Creditors And The Challenges Ahead – Foo Kian Beng V Op3 International Pte Ltd (In Liquidation) [2024] 1 Slr 361, Jonathan Ren Hao Cheong
The New Framework For Directors’ Duty To Creditors And The Challenges Ahead – Foo Kian Beng V Op3 International Pte Ltd (In Liquidation) [2024] 1 Slr 361, Jonathan Ren Hao Cheong
Singapore Law Journal (Lexicon)
In Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] 1 SLR 361, the Singapore Court of Appeal introduced a two-step, three-category framework for evaluating whether a director has breached his fiduciary duty to consider the interests of creditors. This decision not only affirms the traditional understanding of the duty in other common law jurisdictions but also provides directors with clearer guidance on managing the affairs of the company in times of financial distress. This article builds upon the discussion in Foo Kian Beng by evaluating the new framework established by the SGCA. It also identifies potential challenges …
Privately Provided Equitable Services Root Out Unconstitutional “Secular, Neutral, And Nonideological” Restrictions From Education Law, Nicole Stelle Garnett, Sean Tehan
Privately Provided Equitable Services Root Out Unconstitutional “Secular, Neutral, And Nonideological” Restrictions From Education Law, Nicole Stelle Garnett, Sean Tehan
Books
Manhattan Institute Issue Brief
Amicus In Trump V. Cook: The Fed, Offices As Property, And The Meaning Of “Cause”, Jed Handelsman Shugerman
Amicus In Trump V. Cook: The Fed, Offices As Property, And The Meaning Of “Cause”, Jed Handelsman Shugerman
Faculty Scholarship
The Federal Reserve Act states that “each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless sooner removed for cause by the President.” 12 U.S.C. § 242. Based on the historical record, when Congress creates an office with a fixed term of years and protects against removal without “cause,” Congress has both granted “a constitutionally protected property interest” under the Fifth Amendment (that cannot be taken away without “due process”) and extended a statutory entitlement to receive fair notice and a meaningful opportunity to respond before any removal may …