Digital Commons Network^™

Multijurisdictional Practice And Transactional Lawyers: Time For A Rule That Is Honored Rather Than Honored In Its Breach, James Geoffrey Durham, Michael H. Rubin

Louisiana Law Review

Model Rule 5.5 of the American Bar Association’s Model Rules of Professional Conduct1 addresses two interrelated issues: the unauthorized practice of law, which applies to lawyers and nonlawyers alike, and multijurisdictional practice, which applies to lawyers who are licensed to practice in one state but whose work may involve or take them to states where they are not licensed.

Preparing Halal Tourism Regulations In Indonesia, Deden Effendi, Aden Rosadi, Yoyok Prasetyo, Cucu Susilawati, Mohamad Anton Athoillah

International Journal of Religious Tourism and Pilgrimage

The study discusses the preparation of halal tourism regulations in Indonesia. The aim is to illustrate the importance of halal tourism regulations and how this may strengthen the Indonesian economy. This study is a qualitative one, using academic books and articles in addition to a review of law and regulations as the analysis method. It demonstrates that halal tourism requires principal regulations to be used as guidelines for halal tourism implementation. These can be used both by halal tourism business operators and tourists as halal tourism consumers. Law Number 33 of 2014 concerning Halal Product Guarantee and Government Regulation Number …

Unexpected Inequality: Disparate-Impact From Artificial Intelligence In Healthcare Decisions, Sahar Takshi

Journal of Law and Health

Systemic discrimination in healthcare plagues marginalized groups. Physicians incorrectly view people of color as having high pain tolerance, leading to undertreatment. Women with disabilities are often undiagnosed because their symptoms are dismissed. Low-income patients have less access to appropriate treatment. These patterns, and others, reflect long-standing disparities that have become engrained in U.S. health systems.

As the healthcare industry adopts artificial intelligence and algorithminformed (AI) tools, it is vital that regulators address healthcare discrimination. AI tools are increasingly used to make both clinical and administrative decisions by hospitals, physicians, and insurers—yet there is no framework that specifically places nondiscrimination obligations …

Property As Rent, Faisal Chaudhry

St. John's Law Review

(Excerpt)

What is property? Over the course of the past two decades, legal scholars have reopened this question in a highly visible and often fractious way. On one side of the renewed debate are those who have sought to restore an object-centered model of property as an in rem right to exclude; on the other are those who have sought to reorient the old adage that property is a “bundle of sticks” toward a new emphasis on property’s role in forging social relations and democratic community. Sometimes known as a split between the “ownership” versus “progressive property” models, as fruitful …

Weaving Indigenous Knowledge Systems And Western Sciences In Terrestrial Research, Monitoring And Management In Canada: A Protocol For A Systematic Map, Dominique A. Henri, Jennifer F. Provencher, Ella Bowles, Jessica J. Taylor, Jade Steel, Carmen Chelick, Jesse N. Popp, Steven J. Cooke, Trina Rytwinski, Deborah Mcgregor, Adam T. Ford, Steven M. Alexander

Articles & Book Chapters

Human activities and development have contributed to declines in biodiversity across the globe.Understanding and addressing biodiversity loss will require the mobilization of diverse knowledge systems. While calls for interdisciplinary practices in environmental research date back decades, there has been a more recent push for weaving multiple knowledge systems in environmental research and management, specifically Indigenous knowledge systems (IKS) and Western sciences. The use of multiple knowledge systems in environmental research can improve understanding of socio-ecological connections, build trust in research findings and help implement evidence-based action towards biodiversity conservation. Mobilizing multiple types of knowledge in environmental research and management can …

Impeachment Definitions: Nixon Vs Trump, Riann Reinhart

ONU Student Research Colloquium

In recent years, presidential impeachment and removal from office has become a more prominent topic, we the people still have a hard time understanding what the founding fathers meant with such open wording as found in Article III of the Constitution: “The President, Vice President and all Civil Officers of the United States, shall be removed from office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” The citizens of the United States still do not understand the meaning of “High Crimes and Misdemeanors” or know what goes into the presidential impeachment process. In fact, …

Enclosure Of The Oceans Versus The Common Heritage Of Mankind: The Inherent Tension Between The Continental Shelf Beyond 200 Nautical Miles And The Area, Michael W. Lodge

International Law Studies

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is a major achievement of diplomacy in the late twentieth century and is rightly regarded as the “constitution for the ocean.” UNCLOS has withstood the test of time and has demonstrated its flexibility and adaptability to changing circumstances. Notwithstanding, there is an underlying tension at the heart of UNCLOS as it tries to reconcile two fundamentally different approaches—the exclusivity of coastal State jurisdiction versus the international character and shared space of the Area beyond national jurisdiction. As the search for mineral deposits in the Area intensifies, and as …

Ownership Rights Of Research & Development Outputs In Historical Perspective: From Public Ownership, Ownership Right Of Scientific And Technological Achievements To Intellectual Property Rights, Youdan Xiao, Xin Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

Empowering Scientists to retain ownership or long-term access rights of government-funded research & development outputs (R&D outputs), is a key exploration and reform for China's central government to promote the market mechanism's decisive role in allocating innovation resources. As a result of the public ownership-based economic and social system, how to properly coordinate the relationship between the state, the collectives and the individuals will inevitably become the core issue in China's reform on the ownership rights of R&D outputs. By reviewing the institutional changes and reform process on the ownership policy of government-funded R&D outputs in China, this paper clarifies …

Changing The Rule That Changes Nothing: Protecting Evicted Tenants By Amending Cleveland Housing Court Rule 6.13, James J. Scherer

Cleveland State Law Review

Renting is on the rise, with all households seeing an increase in the prevalence of renting a home versus owning one from 2006 to 2016. As rental rates rise, so too do the rates of eviction. The detrimental effects of eviction are numerous and can be self-reinforcing, with a single eviction decreasing one’s chances of securing decent and affordable housing, escaping disadvantaged neighborhoods, and benefiting from affordable housing programs. All this was before the coronavirus pandemic that devastated jobs and savings accounts across the nation.

One of the biggest impacts that eviction has on renters is a public court record. …

Equity Over Equality: Equal Protection And The Indian Child Welfare Act, Lucy Dempsey

Washington and Lee Law Review Online

In 2018, a Texas District Court shocked the nation by declaring the Indian Child Welfare Act (ICWA) unconstitutional pursuant to the Equal Protection Clause of the U.S. Constitution. The decision was overturned by the Fifth Circuit but may well be appealed to the U.S. Supreme Court. The ICWA provides a framework for the removal and placement of Indian children into foster and adoptive homes in such a way that attempts to reflect the unique values of Indian culture and supports the autonomy of the tribe. In doing so, the law treats Indian children differently than it would White children. But …

Balancing The Carrot And The Stick: Achieving Social Goals Through Real Property Tax Programs, Ryan F. Bender

Northwestern Journal of Law & Social Policy

The sharp and growing wealth divide in the United States has elicited significant media and public attention over the past decade, with loud calls for achieving social goals through tax system change. While wealth preservation loopholes in the Internal Revenue Code can contribute to wealth inequalities, tax policies that incentivize socially responsible, tax efficient investment offer an attractive tool for estate planning professionals while also promoting social impact programs. Additionally, while direct government investments into low-income community development, land preservation, and food security are important drivers of change, tax policies that push private capital into these causes are equally important …

1a Plenary Session. Government Leaders’ Perspectives On Ip, Hugh C. Hansen, Daren Tang, António Campinos, Shira Perlmutter, Marco Giorello, Pauline Newman, Brian H. Pandya

28th Annual Intellectual Property Law & Policy Conference (2021)

No abstract provided.

Evaluation Of Sport Facilities In Sport Cities In Jordan, Sari Hamdan

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The aim of this study was to evaluate facilities in sport cities in Jordan. The sample of this study consisted of (24) employees in sport cities the researcher bilt a tool and validity and reliability was done for the research tool. The results showed that sport cities were in a good condition, however, El-Hussien city was significantly better than the other sport cities. The researcher recommended to using the research tool of this study as instrumentation to evaluate sports facilities in sport cities.

Italian Ambitions In Syria And Lebanon (1870-1945), Ahmad Alshrideh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The aim of this study is to clarify the Italian Ambitions in Syria and Lebanon (1870-1945), and shows the Italian orientation in this region, and to know the Italian methods to achieve its ambitions. The study talks about the Italian movement towards Lebanon, and the Italians Intervention in Lebanese civil war 1860. Finally, the study recalls the Italian claims her mandate to Syria and Lebanon as an alternative to the French mandate. The study concluded that, despite Italys efforts to achieve its ambitions in Syria and Lebanon, it deeply collides with the legacy institutions that established by England and France …

The Impact Of Implementing The Principles Of Good Governance On The Quality Of Administrative Reports In The Palestinian Municipal Councils, Faeyz Abuamria, Nasser Mohammad Soud Jaradat, Mohammad Shaded

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at clarifying the impact of implementing the principles of good governance on the quality of administrative reports in the Palestinian municipal councils. A questionnaire was designed to pilot the views of mayors, deputy mayors, directors, heads of departments and employees in Bethlehem and Hebron directorates. Results showed that it is too early to talk about sound governance at local councils in the absence of applying the minimal principles of governance such as accountability, transparency and involving staff in decision-making. Furthermore, the administrative reports administered by the heads of administrative departments do not reflect the real situation nor …

Amicus (Spring 2021), University Of Colorado Law School

Amicus

Issue at a glance:

• Features the work of students and faculty in Colorado Law's clinics and the Appellate Advocacy Practicum in assisting those affected by the coronavirus pandemic and nationwide injustice
• Includes reflections from Dean Anaya on his tenure as dean as he prepares to continue as a member of the faculty this July
• Highlights the early life of U.S. Supreme Court Justice and Colorado Law alumnus Wiley Rutledge (Class of 1922) and the formative years he spent in Boulder
• Recognizes milestones and successes of Colorado Law alumni, including this year's Alumni Award recipients

If You Grant It, They Will Come: The History And Enduring Legal Legacy Of Migratory Divorce, Michael J. Higdon

Scholarly Works

Fifty years ago, California became the first state to enact no-fault divorce, making it easier than ever before for individuals to dissolve unsuccessful marriages. Soon every state would follow suit, and over the years much has been written about this national shift in the law of divorce. What has thus far escaped scrutiny, however, is one of the prime casualties of that switch—the phenomenon of migratory divorce. That failure is somewhat ironic given that, although no-fault divorce has existed for just over fifty years, migratory divorce played a prominent role in American legal history for well over a hundred years. …

Protecting Culturally Identifiable Fashion: What Role For Gis?, J. Janewa Osei-Tutu

Articles

Geographical indications are a type of intellectual property right that can be used to protect a source indicator when some quality, characteristic, or reputation of a good is attributable to its geographic origin. To the extent that geographic location and culture overlap, geographical indications could be described as a form of cultural protection. Italy, which is known for both its food and fashion, has geographical indications for a range of items, such as extra virgin olive oils, pastas, and wines. Can geographical indications protect other aspects of culture, such as fashion? For example, the famous Italian designer, Valentino, received both …

Unclear And Unestablished: Exploring The Supreme Court/Tenth Circuit Disconnect In Qualified Immunity Jurisprudence, Josiah Cohen

University of Colorado Law Review Forum

No abstract provided.

American Law Enforcement Responses To Covid-19, Matthew B. Kugler, Mariana Oliver, Jonathan Chu, Nathan R. Lee

JCLC Online

No abstract provided.

Can “Asians” Truly Be Americans?, Vinay Harpalani

Faculty Scholarship

Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with the challenges posed by that diversity. Some have basic knowledge of the immigration and exclusion of Asian Americans, the internment of Japanese Americans which was upheld in Korematsu v. United States, and the “model minority stereotype”, but these are Asian Americans 101. This …

Dynamic Property Taxes And Racial Gentrification, Andrew T. Hayashi

Notre Dame Law Review

Many jurisdictions determine real property taxes based on a combination of current market values and the recent history of market values, introducing a dynamic aspect to property taxes. By design, homes in rapidly appreciating neighborhoods enjoy lower tax rates than homes in other areas. Since growth in home prices is correlated with—and may be caused by—changing neighborhood demographics, dynamic property taxes will generally have racially disparate impacts. These impacts may explain why minority-owned homes tend to be taxed at higher rates. Moreover, the dynamic features of local property taxes may subsidize gentrification and racially discriminatory preferences.

Noncompetes And Other Post-Employment Restraints On Competition: Empirical Evidence From Trade Secret Litigation, Christopher B. Seaman

UC Law Journal

Noncompete clauses in employment agreements are both common and controversial. An estimated twenty-eight million Americans—nearly twenty percent of the U.S. workforce—are currently bound by a noncompete. The traditional view that noncompete agreements can facilitate increased productivity by encouraging employers to invest in employee training has been challenged by numerous legal and economics scholars in recent years, who contend noncompetes hinder employment options for skilled workers and limit information spillovers, which are both vital drivers of innovation. Based on these claims, several states have recently limited the enforcement of noncompetes, and legislation is pending at the federal level to effectively ban …

The Failed Quest For Equal Educational Opportunity: Regulating Education The Way We Regulate Business, Stephen Sugarman

The Journal of Law and Education

No abstract provided.

How The Supreme Court Can Improve Educational Opportunities For African American And Hispanic Students By Ruling Against Harvard College’S Use Of Race Data, Genevieve Kelly

University of Michigan Journal of Law Reform Caveat

Students for Fair Admissions v. Harvard has not only exposed ways in which Harvard College’s admissions office unfairly assesses Asian American applicants, but it has also revealed that Harvard’s fixation on race per se can disadvantage the very African American and Hispanic students best positioned to bring instructive and underrepresented perspectives to the college. The facts show that Harvard’s “tips” and “one-pager” system values African American and Hispanic students for their ability to boost Harvard’s racial profile more than for their actual experiences confronting racial discrimination. This Comment explains how, by ruling against Harvard (and without overruling Grutter or Fisher …

The Rental Crisis Will Not Be Televised: The Case For Protecting Tenants Under Consumer Protection Regimes, Eric Sirota

University of Michigan Journal of Law Reform

The Foreclosure Crisis of the 2000s has likely hurt renters more than homeowners. Incongruously, however, consumer enforcement agencies have been far more zealous in protecting mortgagors than tenants. This Article explores the under-protection of tenants as a class of consumers, particularly in a “commoditized” rental market, and examines how consumer enforcement agencies can more zealously incorporate tenant-protection into their mandates.

Much of the prior literature on the legal protections afforded tenants was published in the wake of the consumer rights revolution of the 1970s. This Article is the first to carefully reexamine, in the context of the modern rental market, …

Can “Asians” Truly Be Americans?, Vinay Harpalani

Washington and Lee Journal of Civil Rights and Social Justice

Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with the challenges posed by that diversity. Some have basic knowledge of the immigration and exclusion of Asian Americans, the internment of Japanese Americans which was upheld in Korematsu v. United States, and the “model minority stereotype”, but these are Asian Americans 101. This …

It’S My Party, And I’Ll Do What I Want To: Making The Case For Judicial Review Of National Interest Waiver Denials, M. Hunter Rush

Washington and Lee Journal of Civil Rights and Social Justice

Politics and personal beliefs have become increasingly intertwined since the founding of the United States. Few issues have divided Americans more than immigration laws and policies. This Note advances the argument that when a noncitizen’s application for a National Interest Waiver is denied, there must be some recourse. The current problem is exacerbated when the United States Citizenship and Immigration Services, on behalf of the Secretary of Homeland Security, denies a waiver for what appears to be racially or religiously motivated purposes. Judicial review in an Article III court is the most neutral forum of review that a noncitizen residing …

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and …

Restorative Relationships And “Radical Help”: Reimagining Welfare-To-Work Beyond The Market-Family Divide, Lynn D. Lu

University of Baltimore Law Review

No abstract provided.