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Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea Kupfer Schneider

Texas A&M Law Review

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …

War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

On May 24, 2022, the Washington Post carried front-page news that a court in Ukraine had sentenced a 21-year-old Russian soldier, Vadim Shishimarin, to life imprisonment for the war crime of premeditated murder of a civilian, 62-year-old Oleksandr Shelipov. The session was the first war crimes trial in Ukraine since Russia's invasion three months earlier.

Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea K. Schneider

Articles

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …

Cannabis Securities Litigation, Gideon Mark

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Ip Addresses And Expeditious Disclosure Of Identity In India, Prashant Iyengar

Indian Journal of Law and Technology

Concomitant with the proliferation of cybercrime in India has been the use of Internet Protocol (IP) addresses by law enforcement agencies to track down criminals. While useful in many situations, the potential for misuse of this information raises important concerns for the privacy of individuals online. This note reviews the statutory mechanisms regulating the retention and disclosure of IP addresses by internet companies in India. It identifies and analyses the four broad sources to which the regime of IP Address disclosure by Internet Service Providers (ISP) may be traced: under the (i) operating licenses issued under the Telegrah Act, 1885, …

What’S The Use?: Interpreting The Term “Uses” In The Aggravated Identity Theft Provision, Shang-Chi Andrew Liu

University of Chicago Law Review

The Identity Theft Penalty Enhancement Act (ITPEA) increases penalties for crimes that involve the unlawful use of another person’s identifying information. A subsection of the ITPEA—the aggravated identity theft provision—imposes a mandatory two-year sentencing enhancement on a defendant who “uses” a means of identification of another person during and in relation to a predicate felony. Currently, federal circuit courts disagree about whether the term “uses” in the statute is ambiguous and whether the rule of lenity should consequently apply to narrow its reach. On the one hand, courts that have held the statute to be ambiguous apply the rule of …

Cross-Border Real Estate, Avikshit Moral, Aditi Joshi, Timur Bondaryev

The Year in Review

No abstract provided.

Prosecuting White-Collar Financial Crime: The Contrasting Cases Of The Us, Spain, And Ireland In The Aftermath Of The 2008 Global Financial Crisis, Justin Rex, Adam Panas

Indiana Journal of Global Legal Studies

Why have no Wall Street executives been prosecuted or convicted for actions that contributed to the global financial crisis? Scholars have documented a variety of legal, bureaucratic, economic, and political reasons for a lack of prosecutions, but one missing piece from this scholarship is a comparative perspective; other countries similar also experienced the effects of the crisis but convicted more financial executives than did the US. This article examines the financial crises and post-crisis responses in Ireland and Spain to see why they put more bankers in jail. The comparative analysis highlights several legal, economic, and political variables that partially …

The Role Of Esg Rating Agencies And Market Efficiency In Europe’S Climate Policy, Ebbe Rogge, Lara Ohnesorge

UC Law Environmental Journal

The European Union (“EU”) set out an ambitious policy agenda to reduce its impact on climate change. Although the popular image is that economic growth and sustainability are practically incompatible, this policy agenda includes measures enabling reallocation of investment towards sustainable projects and companies. This paper posits that, by adopting measures requiring the disclosure of non-financial and in particular Environmental, Social, and Governance (“ESG”) information, EU policy relies on market efficiency to ensure the desired reallocation of investment.

In order for this market efficiency approach to work properly, non-financial information must be accessible, comparable, and verified. This creates a new …

Your Right To Lie Versus My Right To Vote: A Look At Proposed Federal Legislation To Regulate False Election Speech In Light Of Alvarez, Brenden Carol

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Regulatory Budget For The Public Company Accounting Oversight Board, J.W. Verret

Georgia State University Law Review

The Public Company Accounting Standards Board (PCAOB) was created by the Sarbanes–Oxley Act (SOX) in 2002 in response to the Enron and WorldCom auditing scandals. The PCAOB regulates the $20 billion annual auditing industry, which itself provides assurance for the financial integrity of $27 trillion in outstanding global publicly traded equity. The PCAOB is uniquely a quasi-private entity overseen by the Securities and Exchange Commission (SEC), which approves its budget and must approve any changes in its rules. The PCAOB has undertaken initiatives to attenuate the cost–benefit calculus of its rules, most notably in a change from Auditing Standard 2 …

Commencement Program - Seton Hall University School Of Law Class Of 2022 Commencement Exercises

Graduation

No abstract provided.

White-Collar Crime: Diversity And Discrimination In Sentencing, Rachel Labrie

Honors Projects

White-collar crimes cause businesses and individuals to lose billions of dollars a year. This paper discusses the criminal justice system in regard to the white-collar crime and discrimination by the basis of gender and race within sentencing. First an analysis is given on who commits white-collar crimes, by looking at the rates and motives of those committing white-collar crimes on the basis of first gender and race. An analysis through literature review compares sentencing of females and people of color compared with the rates of white males who make up the majority of those committing white-collar crimes. The findings suggest …

International Investment And Development, Uche Ewelukwa Ofodile, Qingqing Miao, Mauricio Becerra De La Roca Donoso, Alexander Ritchie

The Year in Review

No abstract provided.

Statutory Adoption Of The Objective Test For Entrapment As A Solution To Dubious Tactics In Federal Terrorism Investigations, Philip M. Gibson

Lincoln Memorial University Law Review Archive

Federal investigators and their informants frequently utilize questionable tactics which resemble entrapment in terrorism investigations. Despite the use of such tactics, entrapment has universally failed as an affirmative defense in federal terrorism cases. This is largely as a result of the subjective test for entrapment employed in federal courts which does not allow for a finding of entrapment if the defendant is found to be predisposed to commit the particular offense. This is especially damning for defendants in terrorism cases as they are frequently proponents of fringe political and religious ideologies or mentally ill which easily establishes predisposition for a …

Reparations For Racial Wealth Disparities As Remedy For Social Contract Breach, Martha M. Ertman

Law and Contemporary Problems

No abstract provided.

In Sickness And In Health: Effects Of Covid-19 On Felony Crime In Washington County, Arkansas, Layne Roberts

Economics Undergraduate Honors Theses

This research explores potential connections to the COVID-19 pandemic and felony crime levels, as seen in the categories of business crimes, domestic violence, and theft. The COVID-19 pandemic has rearranged what was previously known about the world, in every aspect of life. From jobs to public life to even government, at every level worldwide there was a fundamental change. Therefore, it stands to reason that crime was also affected by this massive shift in the overall state of being. This research examines how much of an effect there was on crime rates in Washington County, Arkansas by measuring amounts and …

Consumer Primacy: A Dynamic Model Of Corporate Governance For Consumer- Centric Businesses, Sung Eun (Summer) Kim

Utah Law Review

This Article challenges the conventional view that corporate law should principally strive to increase shareholder value, arguing that rather, corporate law should principally strive to ensure consumer satisfaction in consumer-centric businesses. Consumer-centric businesses are defined here as businesses in which consumers occupy a central role in the creation and distribution of corporate value and risks. For example, a consumer of a crowdfunded product does not take shares, but provides capital and product-design feedback during the early and critical stages of the product’s development. A consumer using a ridesharing app makes significant contributions to building the platform and provides real-time ratings …

Analyzation Of Audit Procedures In The Wake Of The Early 2000s Accounting Scandals, Zachary Byar

Theses/Capstones/Creative Projects

Enron, WorldCom, and Tyco International were companies that operated in different industries and had different levels of net profit for decades. However, these companies had one pivotal thing in common: accounting fraud. In the early 2000s, accounting scandals from large companies created a major impact on the financial markets, causing Congress to take action to increase investor protection through the origination of the Sarbanes-Oxley Act of 2002. The Act was meant to restore investor confidence through strengthened disclosures and auditing requirements for public corporations. However, even with the creation of this new Act from Congress, fraud is still prevalent today, …

Corporate Directors: Who They Are, What They Do, Cyber Risk And Other Challenges, Lawrence J. Trautman, Seletha Butler, Frederick R. Chang, Michele Hooper, Rom Mccray, Ruth Simmons

Buffalo Law Review

No abstract provided.

Determining The Appropriate Reach Of Escobar's Materiality Standard: Implied And Express Certification, Jake Summerlin

Georgia State University Law Review

In 2016, the Supreme Court altered the landscape of the False Claims Act by recognizing implied certification as a viable theory of liability. Before the Court decided Universal Health Services, Inc. v. United States ex rel. Escobar, courts disagreed over the scope and legitimacy of the theory, arguing that it could create runaway liability if not held in check. The Court, although recognizing that implied certification expanded the reach of the False Claims Act, reassured itself and government contractors by reinforcing the common law antecedents of fraud, namely, that misrepresentations and omissions must be material to the government’s decision …

Corporate Misconduct In The Pharmaceutical Industry, Richard C. Ausness

DePaul Law Review

No abstract provided.

Perkembangan Kejahatan Tindak Pidana Pencucian Uang Dan Tindak Pidana Pendanaan Terorisme (Tppu Dan Tppt) Di Masa Pandemi Covid-19, Lydia Anggun

Technology and Economics Law Journal

No abstract provided.

The Contemporary Tax Journal Volume 11, No. 1 – Winter 2022

The Contemporary Tax Journal

No abstract provided.

Countering Identity Theft And Strengthening Data Security Practices Across The Tax Preparer Community, Patrick Ryle Jd, Llm, Cpa, Assyad Al-Wreikat Phd, Ellen Bartley Cma, Mark A. Mcknight Phd, Cfe, Brett L. Bueltel Jd, Cpa

The Contemporary Tax Journal

No abstract provided.

Encounters Between The Elderly And Law Enforcement

Contemporary Southern Psychology

The elderly population is growing dramatically throughout the world. Out of this growth comes an increase in the number of encounters between the aged and law enforcement. These encounters occur because of a variety of factors including mental illnesses and addictions. Furthermore, older adults may be victims as evidenced in different forms of abuse such as physical, emotional, or financial abuse. Sadly, some documentation exists that older adults are committing more crimes. Multiple reasons have been postulated for these crimes including poverty, jealousy, and boredom. All of these different situations with the aged have created an increase in the number …

The Alchemy Of Effective Auditor Regulation, Sarah Williams

Faculty Scholarly Works

The audit profession has repeatedly failed in its obligation to accurately opine on financial statements prepared by companies that trade in U.S. markets. The list of entities that have contributed to the quest for effective regulation of these auditors is long; it includes the American Institute of Certified Public Accountants (AICPA), the U.S. Securities and Exchange Commission (SEC), Congress, outside directors of public companies, and the Public Company Accounting Oversight Board (PCAOB), a recent congressional creation. Yet, despite 50 years of effort, the formula for efficacious oversight of the audit profession remains elusive.

In 2020, then-president Donald Trump proposed to …

The Constitutional Issues Of Publishing Mugshots In The Age Of Screenshots And Digital Media, Ryan J. Mcelhose

St. Thomas Law Review

This paper takes the position that American people’s Due Process rights are violated when their mugshots are digitally disseminated prior to a conviction. The press’s First Amendment rights are not violated by not having access to pre-conviction booking photos because the press can report on other publicly accessible information. The same conclusion can be made relating to private citizens and private companies who assert that their Freedom of Speech rights are violated by not having access to obtain, publish, and disseminate pre-conviction mugshots. Existing scholarship has addressed the issue of publishing mugshots with privacy arguments related to the Freedom of …

Privacy Qui Tam, Peter Ormerod

College of Law Faculty Publications

Privacy law keeps getting stronger, but surveillance-based businesses have proven immune to these new legal regimes. The disconnect between privacy law in theory and in practice is a multifaceted problem, and one critical component is enforcement.

Today, most privacy laws are enforced by governmental regulators—the Federal Trade Commission, the nascent California Privacy Protection Agency, and state attorneys general. An enduring impasse for proposed privacy laws is whether to supplement public enforcement by using a private right of action to authorize individuals to enforce the law.

Both of these conventional enforcement schemes have significant shortcomings. Public enforcement has proven inadequate because …

Reparations For Racial Wealth Disparities As Remedy For Social Contract Breach, Martha M. Ertman

Faculty Scholarship

Acute crises such as the COVID-19 pandemic and the 2008 financial meltdown exposed and exacerbated chronic racial wealth disparities. Those disparities accumulated over time as government and private actions—often involving contracts—systemically benefitted White Americans and institutions at the expense of African-Americans. This essay focuses on a private law mechanism—loan contracts—as one important contributor to systemic racial wealth disparities, labels particular lending contracts and related government action as breaches of the social contract, and proposes a restitution-based form of reparations as a remedy for that breach.