Digital Commons Network^™

The Gay Perjury Trap, Christopher R. Leslie

Duke Law Journal

In Bostock v. Clayton County, the Supreme Court held Title VII’s prohibition on sex-based employment discrimination applies to discrimination based on sexual orientation and gender identity. Although the opinion is an important victory, if history is any guide, Bostock was only one battle in a larger war against invidious workplace discrimination based on sexual orientation and gender identity. Prejudiced employers and managers will seek alternative, less obvious ways to discriminate. Judges and civil rights lawyers must prepare themselves to recognize and reject pretextual rationales for adverse actions taken against lesbian, gay, and bisexual employees. A better understanding of history can …

2021 Annual Campus Security And Fire Safety Report, Otterbein Police Department

Otterbein Police Department

2021 Annual Campus Security and Fire Safety Report from the Otterbein Police Department. The crime and arrest statistics compiled by OPD are from calendar years 2018, 2019, and 2020.

Immunization Governance Challenges Exposed By Covid-19: Missing Standards In Vacccine Surveillance And Adverse Events Following Immunization (Aefis), Shawn H.E. Harmon, David Faour

Georgia Journal of International & Comparative Law

No abstract provided.

Diary Of An Afghan Woman Collection - September 2021

TSOS Interview Gallery

Four women share with us their daily lives in Afghanistan. Join them as they express their love for the country, the people, and each other; and as they share with you their deepest fears and most intimate moments.

They refuse to be silenced as they journey through this new, uncharted chapter in Afghanistan's history.

We at TSOS are honored to provide a platform for their voices to be heard. We will post entries as we receive them. For safety purposes, names have been changed and only avatars (designed with input from each woman) will be used.

ZOYA

Zoya is a …

Keeping Nutrient Pollution At Bay: An Analysis Of Efforts To Mitigate Non-Point Source Pollution In The Chesapeake Bay, Madison Hinkle

West Virginia Law Review

The Chesapeake Bay is one of the most important estuaries in the United States, adding to the region’s ecological, economic, recreational, historic, and cultural value. In 1982, a study was conducted that determined that a rapid loss of aquatic life in the Bay was due to nutrient pollution, specifically nitrogen and phosphorus, the majority of which is associated with the agricultural industry. A number of the jurisdictions2 within the Bay Watershed established the first Chesapeake Bay Agreement in 1983, aimed at abating the issues. Over the next four decades, the Agreement was then modified and resigned, additional jurisdictions have signed …

Law In The Shadows Of Confederate Monuments, Deborah R. Gerhardt

Michigan Journal of Race and Law

Hundreds of Confederate monuments stand across the United States. In recent years, leading historians have come forward to clarify that these statues were erected not just as memorials but to express white supremacist intimidation in times of racially oppressive conduct. As public support for antiracist action grows, many communities are inclined to remove public symbols that cause emotional harm, create constant security risks and dishonor the values of equality and unity. Finding a lawful path to removal is not always clear and easy. The political power brokers who choose whether monuments will stay or go often do not walk daily …

Blazing A Path To Wilderness: A Case Study Of Impact Litigation Through The Lens Of Legislative History, Neil Kagan

Michigan Journal of Environmental & Administrative Law

Litigation can be a catalyst for legislation. Legislative history can reveal just how influential litigation is. The legislative history of the laws to designate wilderness in the 1980s provides an object lesson. It demonstrates that litigation both pushed Congress to act and shaped the legislation Congress enacted. This is especially true of the watershed year of 1984. That year, Congress enacted more wilderness laws and added more wilderness areas to the National Wilderness Preservation System in more states than in any other year. The legislative history of the 1984 wilderness laws embedded in bills, hearings, committee meetings, committee reports, and …

Transnational Corporations & International Human Rights Disputes: Alternatives To Litigation, Silva, Jacquelyn

Santa Clara Law Review

Individuals working for transnational corporations face immense challenges in securing their fundamental rights and receiving remedy for corporate abuses. Inversely, transnational corporations face various risks against their social responsibility when they prioritize their operations and profits. Current international law efforts have been assessing ways in which to impose human rights obligations on companies more directly. Any such imposition of human rights protections advances the necessity of considering the mechanisms available to resolve such disputes, especially given that litigation in international “courts” is not available for this purpose. Until an international forum is established, challenges remain in confronting human rights disputes …

Black Lawyers Matter: Enduring Racism In American Law Firms, Vitor M. Dias

University of Michigan Journal of Law Reform

Scholars and practitioners have extensively examined patterns of racial inequality in U.S. corporate law firms. In the corporate bar, pull factors that have long shaped legal professionals’ careers include promotions, outside job offers, and family priorities that may lead to leaving the labor force altogether. Push factors, such as discrimination, problems with management, and work-life conflict, also precipitate work transitions. Beyond corporate firms, however, an urgent question remains open to empirical scrutiny: How does race affect career moves in the contemporary American legal profession?

In this Article, I address this question drawing upon data from the first nationally representative, longitudinal …

Insolvency Law In Emerging Markets, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

A well-functioning corporate insolvency system can serve as a valuable tool to promote entrepreneurship, innovation, access to finance and economic growth. Therefore, if having an efficient insolvency framework is essential for any country, it becomes even more important for emerging economies due to their potential for growth and their greater financial needs. Unfortunately, the academic literature has generally paid more attention to the regulation of corporate insolvency in developed countries. Thus, with some notable exceptions, it has largely omitted the debate about the optimal design of insolvency law in jurisdictions that, in addition to requiring a more active policy debate, …

Disaster And Socio-Cultural Impact: Between Social Representations And Resiliencecatastrophe Et Impact Socio-Culturel: Entre Représentations Sociales Et Résilience, Abdelfettah N. Idrissi

BAU Journal - Society, Culture and Human Behavior

Abstract: We live in a constantly changing world, a multi-faceted world vacillating between joy and happiness on one side and sadness and desolation on the other. We have indeed witnessed, recently, much sadness and misfortune resulting from both human and natural disasters. Whether individual or collective, the risks are assessed having regard to our cultural determinism, taking into account values, standards and living conditions of individuals. Our purpose, which falls within the framework of the theory of social representations (Moscovici (1986)), would be to account for the impact of the disaster on the behavior of the individual and of society, …

Writing Therapy In The Novel "Beyrouth 2020" By Cherif Majdalanil’Ecriture Therapeutique Dans Le Roman « Beyrouth 2020 » De Cherif Majdalani, Nadia Iskandarani

BAU Journal - Society, Culture and Human Behavior

Abstract: The writing, as terrible as it is, is nevertheless reassuring, because it puts the difficult moments in image, in word; it connects us to past experiences, to men and women who went through them, going through moments of hardship, but also of consolation. The goal of literature writing is not just the disaster itself, but, it is also about taking care of oneself and others and to express how society has experienced this disaster and how to remedy it. Even more, the catastrophe sometimes goes beyond the framework of the country to reach the extent of the whole world. …

Race To Jurisdiction: Forum Determination In Dv-Related Child Custody Actions When Survivors Flee Across State Lines, Joy Barber

Montana Law Review

No abstract provided.

Pay Attention! Marginalized Communities, The Consumer Financial Protection Bureau, And Regulatory Advocacy, Diane E. Thompson

Montana Law Review

No abstract provided.

Driscoll V. Stapleton: Analyzing Election Regulations In Montana, Mckenna Ford

Montana Law Review

No abstract provided.

Justice Gorsuch's Choice: From Bostock V. Clayton County To Dobbs V. Jackson Women's Health Organization, Marc Spindelman

ConLawNOW

Informed speculation holds that the Supreme Court’s decision to hear and decide Dobbs v. Jackson Women’s Health Organization spells bad news for constitutional abortion rights. Recognizing both the stakes and the odds, this brief commentary engages Justice Neil Gorsuch’s majority opinion in Bostock v. Clayton County and the prospects that it opens up in Dobbs for a future for—not against—abortion rights. Bostock’s pro-gay and pro-trans sex discrimination rulings are built atop—and go out of their way to reaffirm—women’s statutorily-grounded economic and social rights, and hence women’s equal citizenship stature. Moreover, the final decision in the case emerges after judicial wrestling …

The Contemporary Tax Journal Volume 10, No. 2 – Summer 2021

The Contemporary Tax Journal

No abstract provided.

Book Review: Rebellion, Rascals, And Revenue: Tax Follies And Wisdom Through The Ages, Rachana Khandelwal

The Contemporary Tax Journal

No abstract provided.

The Plea Of Necessity: An Oft Overlooked Response Option To Hostile Cyber Operations, Louise Arimatsu, Michael N. Schmitt

International Law Studies

States are increasingly focused on the measures—cyber or otherwise—that they can take in response to hostile cyber operations. Although cyber operations are usually responded to with acts of “retorsion” (acts that are lawful, although unfriendly), international law recognizes other self-help mechanisms that allow for more robust responses. In the cyber context, most attention has focused on countermeasures and self-defense. Yet, both are subject to various limitations that constrain their availability.

This article examines a further option, the so-called “plea of necessity.” It allows States to respond to a hostile cyber operation when the action taken would otherwise be unlawful but …

Memahami Desentralisasi Fungsional (Perbandingan Praktek Di Belanda, Jepang, Usa, Dan Jerman), Irfan Maksum

Indonesian Journal of International Law

Functional decentralisation practices in developing countries are mixed with the so-called privatisation which is a part of economic desentalisation and/or delegatuon of administrative decentralisation. This concept research is important in order to understand the concet of decentralisation as a whole. This article tries to make comparison of functional decentralisation practices in four countries: the Netherlands, Japan, the United States, ang Germany.

Strict Liability For The Information Age, Kevin Alden

BYU Law Review

No abstract provided.

Yosuf, Yosuf, Tsos

TSOS Interview Gallery

Yosef and his family of four are from the Herat Province in Afghanistan. The eldest child used to sell potatoes with Ibrahim, the middle child, who was killed by a landmine planted by counter-revolutionaries. As a result, the eldest child, Ismail, developed severe nerve and mental issues, and the wife, who is now pregnant, frequently has seizures. They sold their home to treat Ismail, but doctors say nothing can be done. Ismail’s condition continues to worsen, but he refuses to leave to see a doctor because he is afraid of the police for an unknown reason. Yosef says he is …

Law, Criminalisation And Hiv In The World: Have Countries That Criminalise Achieved More Or Less Successful Pandemic Response?, Matthew M. Kavanagh, Schadrac C. Agbla, Marissa Joy, Kashish Aneja, Mara Pillinger, Alaina Case, Ngozi A. Erondu, Taavi Erkkola, Ellie Graeden

O'Neill Institute Papers

How do choices in criminal law and rights protections affect disease-fighting efforts? This long-standing question facing governments around the world is acute in the context of pandemics like HIV and COVID-19. The Global AIDS Strategy of the last 5 years sought to prevent mortality and HIV transmission in part through ensuring people living with HIV (PLHIV) knew their HIV status and could suppress the HIV virus through antiretroviral treatment. This article presents a cross-national ecological analysis of the relative success of national AIDS responses under this strategy, where laws were characterised by more or less criminalisation and with varying rights …

Muddying The Waters: The Need For More Clarity Under The Clean Water Act, Georgia D. Reid

Buffalo Environmental Law Journal

No abstract provided.

Summary Of New York State Redistricting Cases, Nicholas Stabile, Marissa Zanfardino

Redistricting Resources

This article contains summaries for all of the major redistricting cases in New York State. This article was created with assistance by Stephanie Hernandez, David Romero, and Scott Matsuda.

Judicial Biography In The British Empire, Victoria Barnes, Emily Whewell

Indiana Journal of Global Legal Studies

This article adds to the biographic ''turn" in legal studies. While there is a large body of scholarship examining judges in the United States and the United Kingdom, comparatively little is written on their legal counterparts in the common law world. What can judicial biographies offer for comparative law? Do these studies generate useful information about the movement of law? What can be gained by a better awareness of the lives of those at the top of the colonial legal profession? This article shows that within the common law world, judges, like those in the United States and the United …

One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies, Elizabeth Weeks

Utah Law Review

This Article offers an extended rebuttal to the suggestion to move residents away from dying communities to places with greater economic promise. Rural America, arguably, is one of those dying places. A host of strategies aim to shore up those communities and make them more economically viable. But one might ask, “Why bother?” In a similar vein, David Schleicher’s provocative 2017 Yale Law Journal article, Stuck! The Law and Economics of Residential Stagnation, recommended dismantling a host of state and local government laws that operate as barriers to migration by Americans from failing economies to robust agglomeration economies. But Schleicher …

An Agenda For Research And Action Toward Diverse And Just Futures For Life On Earth, Carina Wyborn, J. Montana, N. Kalas, S. Clement, F. Davila, N. Knowles, E. Louder, M. Balan, J. Chambers, L. Christel, T. Forsyth, G. Henderson, S. Izquierdo Tort, Michelle Mei Ling Lim, Et Al

Research Collection Yong Pung How School Of Law

Decades of research and policy interventions on biodiversity have insufficiently addressed the dual issues of biodiversity degradation and social justice. New approaches are therefore needed. We devised a research and action agenda that calls for a collective task of revisiting biodiversity toward the goal of sustaining diverse and just futures for life on Earth. Revisiting biodiversity involves critically reflecting on past and present research, policy, and practice concerning biodiversity to inspire creative thinking about the future. The agenda was developed through a 2-year dialogue process that involved close to 300 experts from diverse disciplines and locations. This process was informed …

How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan

Georgia Journal of International & Comparative Law

No abstract provided.

Central Bank Of The Future Summary And Recommendations For Further Inquiry, Michael S. Barr, Adrienne A. Harris, Megan Kelly, Emma Macfarlane, Bryan Ricketts

Other Publications

Over the past two years, the University of Michigan’s Gerald R. Ford School of Public Policy and its Center on Finance, Law & Policy, with support from the Bill and Melinda Gates Foundation, has embarked on an exploration of the Central Bank of the Future. The project convened current and former central bank governors, policymakers, regulators, researchers, innovators, entrepreneurs, consumer and community organizations, non-profit think tanks, and others for two large, public conferences, three private roundtables, and dozens of small group and one-on-one discussions and interviews. The project also produced an introductory paper, seven working papers, a comprehensive data set …