Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 391 - 420 of 201811

Full-Text Articles in Entire DC Network

The 2024 New European Pact On Migration And Asylum: Recasting The European Legal Framework For Asylum Between Protection Guarantees And The Effectiveness Of Migration Management, Ali Mourad Aug 2026

The 2024 New European Pact On Migration And Asylum: Recasting The European Legal Framework For Asylum Between Protection Guarantees And The Effectiveness Of Migration Management, Ali Mourad

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The New European Pact on Migration and Asylum, adopted on 14 May 2024, constitutes one of the most far-reaching reforms undertaken by the European Union in this field. Through a package of ten legislative instruments, it reorganizes screening at the external borders, procedures for international protection, the determination of the Member State responsible, solidarity mechanisms, crisis and force majeure situations, and the role of databases and European Union agencies. This reform emerged in a context in which the migration crises of 2015 and 2016 exposed the limits of the Dublin system, whose application, particularly the irregular-entry criterion—concentrated responsibility in practice …


Who Controls The Block? How States Can Regulate Tokenized Residential Real Estate, David J. Reiss, Joseph Bizub, Justin Peralta Aug 2026

Who Controls The Block? How States Can Regulate Tokenized Residential Real Estate, David J. Reiss, Joseph Bizub, Justin Peralta

Cornell Law Faculty Working Papers

In July 2025, the City of Detroit filed a major nuisance abatement action against RealT, a fintech that had sold blockchain-based fractional interests in more than four hundred Detroit rental properties to some 22,000 investors around the world. Within a year, a court had ordered the company’s rents into escrow, the company had conceded to its investors that its “model no longer works,” and it had announced the liquidation of its portfolio -- leaving tenants without basic services and token holders facing steep losses.

This article uses the rise and collapse of RealT, together with case studies of the other …


Assessing The Impact Dynamics Of Less Lethal Ammunition, Steven Bermejo Aug 2026

Assessing The Impact Dynamics Of Less Lethal Ammunition, Steven Bermejo

Student Theses

Less-lethal ammunition is widely used by law enforcement as an alternative to lethal force during crowd control, on-street confrontations, and other situations requiring force. Although these projectiles are intended to reduce risk of fatal injury, serious injuries and fatalities have been reported, highlighting the need to better understand the factors that influence their impact behavior. This study evaluated the impact dynamics of four types of 12-gauge less-lethal ammunition, including rubber buckshot, single rubber ball, double rubber ball, and Byrna kinetic projectile, using kinetic energy calculations derived from projectile mass and velocity measurements. In addition, Attenuated Total Reflectance Fourier Transform Infrared …


From Global Principles To National Implementation: The 9th Un Conference And Its Product Safety Resolution, Suruchi ., Kumar Jyotish Aug 2026

From Global Principles To National Implementation: The 9th Un Conference And Its Product Safety Resolution, Suruchi ., Kumar Jyotish

International Journal on Consumer Law and Practice

The 9th United Nations Conference on Competition and Consumer Protection of 2025 advanced international consumer protection law by extending its scope. The Product Safety Resolution adopted at the Geneva-based conference is the first binding global resolution on product safety. Addressing the wide scope of problems associated with the emergence of more complex global and online markets, the Resolution presents a set of legal criteria to ensure the safety of goods, liability of defaulting manufacturers, rights of consumers, and the laying out of appropriate procedures. This paper presents a critical evaluation of the normative context of the Resolution and its variation …


Betting On Gambling Diversion Courts To Handle The Risks Of Online Gambling For Problem Gamblers, Stephen Fajvan Aug 2026

Betting On Gambling Diversion Courts To Handle The Risks Of Online Gambling For Problem Gamblers, Stephen Fajvan

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


The End Of The Line: How Kim V. Hanlon Vanquished The County Line Ballot And Whether The New Jersey Electoral System Learned Its Lesson, Matthew E. Ertle Aug 2026

The End Of The Line: How Kim V. Hanlon Vanquished The County Line Ballot And Whether The New Jersey Electoral System Learned Its Lesson, Matthew E. Ertle

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Stop Holding New York Workers Back: An Evaluation Of Non-Compete Agreements, Maxwell J. Nares Aug 2026

Stop Holding New York Workers Back: An Evaluation Of Non-Compete Agreements, Maxwell J. Nares

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


A State Constitutional Mandate: The New Jersey Fair Housing Act Is Unfunded And Under Attack, Kirsten Nuber Aug 2026

A State Constitutional Mandate: The New Jersey Fair Housing Act Is Unfunded And Under Attack, Kirsten Nuber

Seton Hall Journal of Legislation and Public Policy

No abstract provided.


Editorial Note, Aastha Malipatil, Kedar M. Ammanji Aug 2026

Editorial Note, Aastha Malipatil, Kedar M. Ammanji

Indian Journal of International Economic Law

No abstract provided.


Data Centers As Engines Of Corporate Tax Base Restructuring, Reuven S. Avi-Yonah, Domenico Imparato, Karen Sam Aug 2026

Data Centers As Engines Of Corporate Tax Base Restructuring, Reuven S. Avi-Yonah, Domenico Imparato, Karen Sam

Articles

Globalization has eroded the corporate income tax by undermining both source-and residence-based taxation. Before the 1980s, large capital-exporting countries could impose relatively high tax rates on multinationals and extend taxation to low-taxed foreign income earned through controlled foreign corporations, as exemplified by the U.S. adoption of subpart F in the Revenue Act of 1962. That regime supported corporate tax revenues that reached roughly 25 percent of total U.S. receipts in the mid-20th century.

Globalization changed that equilibrium. Multinational corporations gained the ability to arbitrage national tax systems by relocating and reporting profits in low-tax jurisdictions. Active income largely escaped source …


A Poetic Call For And A Reflection And Commentary On Clarity, Understanding, Hope, Courage, And Compassion, Carroy U. Ferguson Aug 2026

A Poetic Call For And A Reflection And Commentary On Clarity, Understanding, Hope, Courage, And Compassion, Carroy U. Ferguson

Psychology Faculty Publication Series

Finding a published poem I had written as a teenager, titled “The Heavens Weep.” this article uses that poem as the basis for a commentary that reflects on the state of the world today (2026),  As a commentary, the article uses the poetic and metaphoric words in the poem as a relevant "reality check" for what is still going on today.  In essence, the commentary is about a call for Clarity, Understanding, Hope, Courage, and Compassion, or what I call Archetypal Energies, Higher Vibrational Energies that operate deep within our individual and collective psyches to creatively urge us to "see" …


Technological Competence And Generative Artificial Intelligence: Canadian Law Students’ Understanding And Use In Legal Education And Legal Practice, Hannah Rosborough Aug 2026

Technological Competence And Generative Artificial Intelligence: Canadian Law Students’ Understanding And Use In Legal Education And Legal Practice, Hannah Rosborough

Reports & Public Policy Documents

This report presents results from a national survey examining Canadian JD students' and recent graduates' understanding of technological competence and their use of generative artificial intelligence in legal education and legal practice.

The survey collected responses from 631 students and recent graduates across Canadian law schools between November 2025 and January 2026, combining closed-ended questions with thematic analysis of open-ended responses. The survey addressed how students understand the duty of technological competence under the Model Code, how they use generative AI in coursework and legal workplaces, their confidence in the accuracy of these tools, the guidance and training they receive, …


Extending Legal Privilege To In-House Counsel In India, L Viswanathan, Animesh Bisht Aug 2026

Extending Legal Privilege To In-House Counsel In India, L Viswanathan, Animesh Bisht

National Law School of India Review

Client-attorney privilege is a cornerstone of the rule of law, yet its extension to in-house counsel in India remains fraught with uncertainty. The Supreme Court’s recent decision in In re: Summoning Advocates who give legal opinion or represent parties during investigation of cases and related issues, Suo Moto Writ Petition (Criminal) No. 2 of 2025, reinforced a status-based exclusion, holding that in-house counsel fall outside the definition of “Advocate” under the Advocates Act, 1961 and the Bar Council of India Rules, and therefore cannot claim privilege under the Bharatiya Sakshya Adhiniyam, 2023. This paper examines the Indian statutory framework and …


The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward, Jay Albanese Aug 2026

The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward, Jay Albanese

Dignity: A Journal of Analysis of Exploitation and Violence

The primary objective of this research is to develop a description and typology of the nature of serious cases of human trafficking and how traffickers, their victims, and consumers (the demand) overlap and interact across locations. This study examines known human trafficking enterprises for which sufficient evidence has been obtained to result in prosecution. These are also serious cases because US federal and international prosecutions result when the offenses are interstate or international in scope. Using a sample of US cases prosecuted over three calendar years (2021-2024), combined with an international sample of cases, an effort is made to develop …


Validating Valuation: How Statistical Learning Can Cabin Expert Discretion In Valuation Disputes, Andrew C. Baker, Jonah B. Gelbach, Eric L. Talley Aug 2026

Validating Valuation: How Statistical Learning Can Cabin Expert Discretion In Valuation Disputes, Andrew C. Baker, Jonah B. Gelbach, Eric L. Talley

Faculty Scholarship

This article challenges conventional methods used in financial valuation across transactional and litigation domains. We show that conventional valuation methods allow for considerable discretion, making it possible for each side’s experts to submit dramatically varying valuations simply by choosing among facially reasonable values of parameters that must be selected to carry out conventional valuations. We use large-scale empirical simulations powered by real-world data to demonstrate the scope of such discretion. We next consider several alternatives based on data-driven machine learning approaches, and show that they offer both approximately unbiased estimates of valuation and substantially reduced variability in valuation results. Consequently, …


The Misinterpretation Of “Corporation” In Indonesia’S Penal Code No. 1 Of 2023: Ensuring Legal Certainty For Recognized Corporate Forms, Rizaldy Alif Syahrial Aug 2026

The Misinterpretation Of “Corporation” In Indonesia’S Penal Code No. 1 Of 2023: Ensuring Legal Certainty For Recognized Corporate Forms, Rizaldy Alif Syahrial

Indonesia Law Review

Abstract

Law No. 1 of 2023 on the Indonesian Penal Code expands criminal liability to include entities that do not possess legal personality, allowing informal entities such as commanditaire vennootschappen (CV), partnerships (firm), unincorporated business groups, and unregistered associations to be prosecuted as corporations. This expansion aims to close legal loopholes in addressing modern criminal activity and to align Indonesia with global developments in corporate criminal liability. However, extending criminal liability to non legal persons generates conceptual tension because Indonesian legal doctrine distinguishes between natural persons and legal persons, which possess legal personality, decision making organs, separate assets, and autonomous …


State Medical Licenses Without Borders, Meighan Parker Aug 2026

State Medical Licenses Without Borders, Meighan Parker

North Carolina Law Review

No abstract provided.


"Property Of The People" So Long As They Can Sue: How North Carolina's Public Records Law Fails To Account For Ignored Requests, Emily Christine Gajda Aug 2026

"Property Of The People" So Long As They Can Sue: How North Carolina's Public Records Law Fails To Account For Ignored Requests, Emily Christine Gajda

North Carolina Law Review

No abstract provided.


Unlocked And Unloaded: How State V. Cable Made North Carolina's Safe Storage Law Unenforceable, Annabelle Rice Aug 2026

Unlocked And Unloaded: How State V. Cable Made North Carolina's Safe Storage Law Unenforceable, Annabelle Rice

North Carolina Law Review

No abstract provided.


Three Decades Of Supreme Court Copyright Decisions: A Peek Behind The Scenes, Jonathan Band Aug 2026

Three Decades Of Supreme Court Copyright Decisions: A Peek Behind The Scenes, Jonathan Band

Joint PIJIP/TLS Research Paper Series

This article discusses the revelations in the case files of eight Supreme Court Justices concerning eighteen copyright-related decisions issued by the Court between 1973 and 2005. The papers show the Court as a profoundly human institution, with the Justices often struggling to craft opinions that could gain the support of a majority. The Justices clearly cared about the copyright merits, but they were also willing to compromise to achieve a certain result. In several cases, the final opinion was anything but inevitable. This was particularly so with Sony Corporation of America v. Universal City Studios, 464 U.S. 417 (1984), …


Socially-Minded Investors And Corporate Behavior, Merritt B. Fox, Menesh S. Patel Aug 2026

Socially-Minded Investors And Corporate Behavior, Merritt B. Fox, Menesh S. Patel

Faculty Scholarship

Many equity investors are concerned with the world’s worsening social and environmental problems and are losing faith in the capacity of political institutions to respond. Corporate behavior is often contributing to these problems. Some investors, at least if fully informed as to costs and benefits involved, would favor corrective changes to corporate behavior even where that would lessen their investment returns. Two important questions arise: (1) given existing law, are such willing-to-sacrifice equity investors currently affecting firm behavior; and (2) should there be legal reform that makes firms more sensitive to these willing-to-sacrifice investors’ preferences? This Article seeks to answer …


Sabin Center For Climate Change Law Annual Report 2025-2026, Tiffany Challe Aug 2026

Sabin Center For Climate Change Law Annual Report 2025-2026, Tiffany Challe

Sabin Center for Climate Change Law

Over the past year, the Sabin Center continued to translate complex legal and scientific questions into practical tools that advance climate action and climate justice across climate litigation, renewable energy, local climate action, model climate laws, carbon management and greenhouse gas removal, climate law and science, and climate and business law.

Explore our 2025–2026 Annual Report to see the research, engagement, and impact behind the numbers — and what’s ahead.


Dentistry And The Law: Is A Lake Of Understanding Of Billing Procedures Fraud?, Daniel Schulte Jd Aug 2026

Dentistry And The Law: Is A Lake Of Understanding Of Billing Procedures Fraud?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column addresses whether improper dental billing resulting from misunderstanding plan requirements constitutes fraud. The author explains the legal elements necessary to establish fraud, including knowledge, intent, and damages. The article distinguishes billing errors and contract violations from fraudulent conduct and encourages dentists to review participation agreements and billing policies to minimize compliance risks.


J Mich Dent Assoc August 2026 Aug 2026

J Mich Dent Assoc August 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200-plus members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The August 2026 (Volume 108, No. 8) issue of the Journal is published in print format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

The August 2026 issue of the Journal of the Michigan Dental Association explores clinical, professional, legal, leadership, and public …


The Power Of The Tripartite: Defending Fluoridation Together, Sarah Stuefen Dds Aug 2026

The Power Of The Tripartite: Defending Fluoridation Together, Sarah Stuefen Dds

The Journal of the Michigan Dental Association

This article describes a successful grassroots effort to preserve community water fluoridation in Vinton, Iowa. The author details how local dental professionals, state dental associations, the American Dental Association, public health experts, and community stakeholders collaborated to educate decision makers and advocate for evidence-based public health policy. The experience demonstrates the importance of coordinated advocacy and organized dentistry in protecting oral health initiatives.


The Invisible Work: On Expertise, Showmanship, And The Trust That Makes Surgery Work, Anish Gupta D.D.S. Aug 2026

The Invisible Work: On Expertise, Showmanship, And The Trust That Makes Surgery Work, Anish Gupta D.D.S.

The Journal of the Michigan Dental Association

This commentary examines how clinicians can make their expertise more visible to patients through communication, education, and clinical narration. Drawing parallels to surgical checklists and professional mastery, the author argues that trust is built not only through excellent outcomes but also through helping patients understand the complexity and judgment behind treatment. The article emphasizes communication, transparency, education, and mentorship as important elements of patient-centered care.


The Back Page: A Toast To The Future: From Boomers To Gen Z Zoomers, George T. Goodis Dds, Gerald J. Halk Dds Aug 2026

The Back Page: A Toast To The Future: From Boomers To Gen Z Zoomers, George T. Goodis Dds, Gerald J. Halk Dds

The Journal of the Michigan Dental Association

This article highlights a leadership brunch that brought together multiple generations of dental leaders to encourage engagement in organized dentistry. The gathering emphasized mentorship, leadership development, and the transfer of institutional knowledge to younger dentists. Participants celebrated the future of the profession while discussing the importance of community involvement, leadership participation, and professional growth.


The Use And Abuse Of Hearsay In Family Law Matters, Jessica Tueller, Monica Dionisio Aug 2026

The Use And Abuse Of Hearsay In Family Law Matters, Jessica Tueller, Monica Dionisio

Other Faculty Publications

No abstract provided.


Legitimacy, Legality, And Canadian Climate Laws, Adebayo Majekolagbe Aug 2026

Legitimacy, Legality, And Canadian Climate Laws, Adebayo Majekolagbe

Dalhousie Law Journal

In 2021, the Supreme Court of Canada, in the References re Greenhouse Gas Pollution Pricing Act, confirmed that global climate change is real, human activities are the main cause, and climate impacts will be especially severe and devastating in Canada. Against this backdrop, the Court upheld the federal government's authority to set a nationwide minimum standard for the stringency of greenhouse gas pricing. Years after the Court endorsed the GGPPA, the legislation and its carbon pricing policy have struggled to gain legitimacy, meaning the acceptance and support of Canadians. In 2025, the carbon charge component of the law was suspended, …


Timely Trials, Costly Remedies: Remedial Deterrence After Jordan, Maggie Morris Aug 2026

Timely Trials, Costly Remedies: Remedial Deterrence After Jordan, Maggie Morris

Dalhousie Law Journal

This article critiques the Supreme Court of Canada’s ceiling–stay regime under sections 11(b) and 24(1) of the Canadian Charter of Rights and Freedoms, which imposes a presumptive limit on trial delay and mandates a stay when the ceiling is breached. The regime’s design is best understood through the analytical lens of remedial deterrence, which examines how the cost of a strong remedy shapes judicial interpretation of a right. I argue the automatic stay has produced meaningful gains by forcing governments and justice actors to internalize the costs of delay, but its rigidity has also encouraged doctrinal adjustments that risk narrowing …