Digital Commons Network^™

Ford V. Where Are We?: The Revival Of The Sliding Scale To Govern The Supreme Court's New "Relating To" Personal Jurisdiction, Zois Manaris

William & Mary Law Review

This Note proposes a test to govern “relating to” specific jurisdiction, a variation on a theme to those familiar with the doctrine: a “sliding scale” approach to contacts and relatedness, accompanied by a separate assessment of reasonableness factors the Supreme Court has outlined in previous cases to serve as a check on the sliding scale. Part I of this Note explains the “sliding scale” approach, its unpleasant first interaction with the Court, and its revival by the Ford majority. Part II defines this Note’s proposed test and demonstrates its consistency with Supreme Court precedent. Finally, Part III applies this Note’s …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Monarchical Constitutional Guardianship And Legal Metissage In Asia, De Maartje Visser, Andrew. Harding

Research Collection Yong Pung How School Of Law

This article presents a roadmap for examining the phenomenon of monarchy in Asia, which we conceive as a pluralist institution in a twofold manner. First, many monarchies discharge a wide range of roles and responsibilities ranging from the symbolic to the religious to the legal-political. These varied functions can be usefully captured under the notion of constitutional guardianship, and call for intersectional analysis. Second, it is common for monarchies to have metamorphosed from being purely endogenous institutions to becoming ones embedded in a scheme of limited, constitutional government under the influence of ideas from elsewhere. Monarchies should accordingly be viewed …

Article 9 Foreclosures: When Is A Sale Not A Sale?, David G. Carlson

Articles

Article 9 of the Uniform Commercial Code empowers a secured creditor to sell collateral. This power is circumscribed. A secured party may not sell before default. A secured party cannot self-deal in a private sale. A pledgee of securities can sell to itself in a private sale if the securities are of a kind that is customarily sold on a recognized market, but the law is unclear what formalities the pledgee must meet to memorialize the sale. A secured party may not sell in a commercially reasonable manner to a buyer with notice of the commercial unreason. This article explores …

Pembaruan Pemahaman Bahasa Hukum Indonesia Dalam Penafsiran Konstitusi Untuk Jaminan Kepastian Hukum, Normand Edwin Elnizar

Jurnal Hukum & Pembangunan

This article attempts to explain legal language aspects need to be improved in implementing laws that uphold justice while at the same time provide legal certainty. The study is limited to the constitution as the highest law in the national legal system. The explanation of the linguistic aspect including foreign legal terminology in the constitutional interpretation and the constitutional interpretation as a discourse analysis. It was conducted by literature research to compare the paradigm of constitutional interpretation theory with linguistic aspects in linguistic theory. Decision Number 84/PUU-XVI/2018 used as example for this research. This qualitative research describes some linguistic aspects …

Hermeneutics For Legal Research And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

No abstract provided.

An Introduction To "Marshall Law", Ip Theory Volume 12 Editorial Board

IP Theory

No abstract provided.

Mut’Ah Divorce: Its Concepts And Its Provisions: A Comparative Study Between Islamic Jurisprudence (Fiqh) And Omani Law, Dr. Rashid Bin Hamoud Naziri

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The study discusses the money paid to the divorcee woman (Mut’ah) as a result of the divorce. Many Muslim scholars have different views towards the provisions and details of this due payment to the divorcee. Further, the Omani Personal Statue law has an opinion for its provisions. As a result, this study is conducted to set the base for this opinion, explain its view, intentions and goals that law bore in its’ inactions.

This study has two approaches; the first one is classified into two sub-quests. The first sub-quest discusses the linguistic definition of (Mut’ah), while the other one discusses …

Braille Literacy As A Human Right: A Challenge To The “Inefficiency” Argument Against Braille Instruction, Lindsay N. Harris, Allison Gladfelter, Alecia M. Santuzzi, Iwona Barbara Lech, Rocío Rodriguez, Luis E. Lopez, Dawn Soto, Ailing Li

CISLL Publications

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) affirms a right to education for disabled persons and aims to ensure braille instruction for blind individuals. However, there is evidence that braille instruction is often circumvented or abandoned early in CRPD nations because it is perceived as an inefficient learning medium for blind students. This perception persists despite insufficient empirical evidence and a lack of understanding of the efficiency of reading versus listening for learning in sighted individuals. We therefore investigated the efficiency of learning written versus spoken words in blind and sighted samples. Participants (23 blind, …

A Reflection Of Canadian Society? An Analysis Of Federal Appointments To Provincial Superior Courts By The Liberal Government Of Justin Trudeau, Erin Crandall

Dalhousie Law Journal

Recent reforms to Canada’s system of federal judicial appointments have sought to make the process more transparent and better able to produce a bench reflective of the society it serves. This paper reviews these reforms and using judicial appointment data (2016–2020), considers whether the Liberal government has met these objectives. The relationship between official bilingualism and representation on the bench is also considered. The paper finds that “diversity” on Canada’s federally appointed provincial courts remains unbalanced. While women have made up the majority of appointments since the Trudeau Liberals formed government in 2015, other equity-deserving groups, like people of colour …

Playing With Words: Amar’S Nationalist Constitution, Robert J. Pushaw Jr.

Washington and Lee Law Review Online

This essay provides a balanced critique of Akhil Amar’s important book on early constitutional theory and practice. On the one hand, Amar’s work has three unique virtues. First, unlike other constitutional historians, he does not examine a particular clause or a brief time period (such as 1787‑1789), but rather analyzes the Constitution as a whole from 1760 to 1840. This holistic and longitudinal approach enables him to trace in detail the evolving constitutional views of America’s leading Founders—John Adams, Alexander Hamilton, Thomas Jefferson, James Madison, John Marshall, and George Washington—and the personal relationships among those men that helped shape those …

Information Theory And Patent Documents, W. Michael Schuster

Akron Law Review

Recent scholarship has expanded the scope of analytical tools available to patent law researchers. The foundation of information theory published by Claude Shannon has been applied to textual analysis to determine the similarities of patents and to assess a patent’s value. This article presents a theoretical application of information theory to quantify lexical ambiguity and originality in innovation within patent law.

It Outsourcing And Global Sourcing: A Comparative Approach From The Indian, U.K. And German Legal Perspectives, Ulrich Baumer, Mark Webber

Indian Journal of Law and Technology

Businesses today have been able to take advantage of technology in order to use models such as offshoring in order to reduce their costs without a corresponding decline in quality. However, concerns such as data confidentiality and security issues have emphasised the need for businesses to take considerable care when dealing with crossborder transactions, especially since some knowledge of the needs of different jurisdictions is necessary. This article examines the outsourcing model in the context of the information technology industry and looks at the most important clauses and legal issues in such contracts in the light of Indian, English and …

Patentability Under Trips: The Need For Uniformity, Donald S. Chisum

Indian Journal of Law and Technology

International intellectual property law has never been uncontroversial, and patent law in particular has been the subject of heated debate. The advent of TRIPS seems to have fuelled rather than ended these discussions, as arguments continue to rage on in developing countries about the subject-matter and patent term provisions of TRIPS and the ways in which developed countries have purportedly used TRIPS to impose their own laws on the world. However, such an approach misses the point of TRIPS altogether: the need for international harmonisation. By examining two recent examples from US case law, it becomes apparent that the developed …

Department Of Managed Health Care, William Espinosa, Hunter W. Collins, Yusra Serhan, Karen Thomas Stefano

California Regulatory Law Reporter

No abstract provided.

International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann

International Law Studies

The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …

The Conundrum Of ‘Relevant Market’: Market Definition In India’S Complex Tv Distribution Business, Vibodh Parthasarathi

Indian Journal of Law and Technology

The universal problematic of market definition poses peculiar challenges in multi-lingual and fragmented media markets, like in India. This article engages with this problematic by taking up the case of the TV distribution market in India. Here, the rapidly expanding TV distribution business consists of two segments. The larger, wired Cable distribution segment, driven by over 1,000 large cable companies and over 50,000 last mile operators, accounts for 70 percent market share, or around 100 million TV homes. The rest 30 percent is occupied by the wireless segment, comprising 6 Direct to Home TV distributors. Amidst the heightened expansion of …

Defining “Different”–How Distinctive Methods Of Textual Interpretation Led To The Abduction Enhancement Circuit Split, Adam Manaa

Pepperdine Law Review

This note examines the federal circuit courts’ differing approaches to interpreting the robbery abduction enhancement in the United States Sentencing Guidelines. Specifically, this note sets forth how the Sixth Circuit’s strict method of textual interpretation in United States v. Hill led to the erroneous holding that the term “different location” refers to “a place different from the store that is being robbed.” This note argues the court should have taken a more holistic interpretative approach, taking the underlying purpose of the Guidelines into account.

A Quantitative Research Study On Probability Risk Assessments In Critical Infrastructure And Homeland Security, Alfred B. Lee

Doctoral Dissertations and Projects

This dissertation encompassed quantitative research on probabilistic risk assessment (PRA) elements in homeland security and the impact on critical infrastructure and key resources. There are 16 crucial infrastructure sectors in homeland security that represent assets, system networks, virtual and physical environments, roads and bridges, transportation, and air travel. The design included the Bayes theorem, a process used in PRAs when determining potential or probable events, causes, outcomes, and risks. The goal is to mitigate the effects of domestic terrorism and natural and man-made disasters, respond to events related to critical infrastructure that can impact the United States, and help protect …

In Personam Jurisdiction Over Foreign Corporations: An Interest-Balancing Test, Dudley Dean Allen

Florida Law Review

No abstract provided.

Law And Science As Rival Systems, Lee Loevinger

Florida Law Review

No abstract provided.

Causation In The Negligence Jargon: A Plea For Balanced "Realism", Walter Probert

Florida Law Review

No abstract provided.

The Reapportionment Cases: A Study In The Constitutional Adjudication Process, Fletcher N. Baldwin Jr., Stanley K. Laughlin Jr.

Florida Law Review

No abstract provided.

Some Experimental Parallels To The Deadlocked Close Corporation, Robert E. Park

Florida Law Review

No abstract provided.

Modular Legal Learning: Revitalizing The Law Classroom, David Sandomierski, Stephanie Ben-Ishai

Dalhousie Law Journal

The targeted and strategic use of asynchronous learning materials can free up important space for classroom teaching, and can unlock the spirit of experimentation, innovation, and engagement that animates in-person learning. This article sets out five principles that should guide future efforts to integrate asynchronous modules into legal education. Modules should be designed to supplement, not substitute, the live classroom; they should deliver content but also stimulate reflection, critique, and contextualization; they should be varied with respect to their subject matter, theoretical underpinnings, and pedagogical approach; professors should be able to easily customize their selections; and they should encourage collaboration …

Separate And Unequal: Promoting Racial Equity In Public Schools In The United States And South Africa, Paige Sferrazza

St. John's Law Review

(Excerpt)

On January 24, 2022, the Supreme Court of the United States announced that it will hear two cases, against Harvard College and the University of North Carolina, which “rais[e] serious doubts about the future of affirmative action in higher education.” The plaintiff in both cases, Students for Fair Admissions, Inc. (“SFFA”), is a non-profit organization devoted to eradicating affirmative action programs nationwide. Described as the “culmination of a years-long strategy by conservative activists,” these cases represent the first affirmative action challenges to be argued before the Court’s new conservative majority, where they “pose the gravest threats yet” to over …

Falling Away Into Disease: Disability-Deviance Narratives In American Crime Control, Matt Saleh

St. John's Law Review

(Excerpt)

Who in society is predisposed to crime? Many of us are familiar with cultural narratives that trace criminal behavior to some cognitive defect in the perpetrator. For instance, we might recall the persistent media allusions to Adam Lanza’s Asperger Syndrome after the mass shooting at Sandy Hook Elementary School, despite evidence that individuals on the autism spectrum are, on average, not more likely, and are quite possibly less likely, to commit serious crime in their lifetime. Similarly, popular narratives about the relationship between “mental illness” and violence are pervasive, despite the broad meaning of the terminology and a deeply-misunderstood …

Waters Of The United States: Does Federal Control Inundate The Wetland?, Mitzi Cockrell Austin

Florida Law Review

No abstract provided.

Pessoa: O Direito Da Seguranca Nacional, W. D. Macdonald

Florida Law Review

No abstract provided.

Pregnancy, Privacy, And The Constitution: The Court At The Crossroads, Harley Riedel

Florida Law Review

No abstract provided.