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In Country, On Parole, Out Of Luck—Regulating Away Alien Eligibility For Adjustment Of Status Contrary To Congressional Intent And Sound Immigration Policy, Jeffrey A. Bekiares Jul 2022

In Country, On Parole, Out Of Luck—Regulating Away Alien Eligibility For Adjustment Of Status Contrary To Congressional Intent And Sound Immigration Policy, Jeffrey A. Bekiares

Florida Law Review

No abstract provided.


The Commerce Clause: Border Crossing + Church Burning = Interstate Commerce (A Formula For Federalizing Common Law State Crimes), Cary B. Davis Jul 2022

The Commerce Clause: Border Crossing + Church Burning = Interstate Commerce (A Formula For Federalizing Common Law State Crimes), Cary B. Davis

Florida Law Review

No abstract provided.


The Enduring Significance Of State Sovereignty, Brad R. Roth Jul 2022

The Enduring Significance Of State Sovereignty, Brad R. Roth

Florida Law Review

No abstract provided.


Killing Me Softly, With His Song: Anglocentrism And Celebrating Nouveaux Latinas/Os, Juan F. Perea Jul 2022

Killing Me Softly, With His Song: Anglocentrism And Celebrating Nouveaux Latinas/Os, Juan F. Perea

Florida Law Review

No abstract provided.


Stop Cultural Exclusions (In Chile)!: Reflections On The Principle Of Multiculturalism, Hugo Rojas Jul 2022

Stop Cultural Exclusions (In Chile)!: Reflections On The Principle Of Multiculturalism, Hugo Rojas

Florida Law Review

No abstract provided.


Symbolic Power Without Symbolic Violence?, Mauricio García-Villegas Jul 2022

Symbolic Power Without Symbolic Violence?, Mauricio García-Villegas

Florida Law Review

No abstract provided.


Latcritical Encounters With Culture, In North-South Frameworks, Pedro A. Malavet Jul 2022

Latcritical Encounters With Culture, In North-South Frameworks, Pedro A. Malavet

Florida Law Review

No abstract provided.


Twelve Tips On Writing A Thesis, David Vaver Jul 2022

Twelve Tips On Writing A Thesis, David Vaver

Conference Papers

No abstract provided.


Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles Jul 2022

Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles

Maine Law Review

Multiple nations within the Wabanaki Confederacy, including the Maliseet Nation, Mi’kmaq Nation, Passamaquoddy Tribe, and Penobscot Nation, were signatories to the July 19, 1776 Treaty of Watertown, which was the first ever treaty entered into by the United States of America following the Declaration of Independence. Following the Treaty of Watertown, Wabanaki warriors served directly under General George Washington and made critical contributions in support of the Americans’ Revolutionary War. Such contributions were made based on the Americans’ promise that the Wabanaki Nations’ lands, natural resources, and traditional ways of life would be forever protected by the fledgling United States. …


Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'Orsi Jul 2022

Corruption And Merit In The African Higher Education System: Legal, Policy And Sociological Reflections, Cristiano D'Orsi

UC Law SF International Law Review

This article analyses, under legal, political, and sociological aspects, the plight of corruption in Higher Education in Africa. On one side, the fight against corruption on the continent seems to use a growing number of legal instruments, at all levels (international, regional, sub-regional and domestic) on the other hand, however, it clashes against rooted traditions and a common mentality that often seem to justify acts of corruption in African academia. Through my work, I shed light on this, at least apparent, dichotomy and to make a synthesis of the various positions that can be found in Africa regarding this sensitive …


Cross-Examination Content And The "Power Of Not", Patrick C. Brayer Jul 2022

Cross-Examination Content And The "Power Of Not", Patrick C. Brayer

Faculty Works

One of the challenges in constructing an impactful cross-examination (cross) is creating content. Many trial attorneys can effectively identify issues in the discovery process but fail to communicate to the fact finder the power of the facts as they relate to the case. Depositions can be artfully conducted and interrogatories expertly administered, but if the presenter of the evidence is unable to translate basic facts into vivid images and stories, then once-dominant discovery revelations can often be reduced to tepid references. After years of preparing one case, many trial attorneys are so hardened to the basic facts that they fail …


Observing The Effects Of Automating The Judicial System With Behavioral Equivalenc, Joseph A. Blass Jul 2022

Observing The Effects Of Automating The Judicial System With Behavioral Equivalenc, Joseph A. Blass

South Carolina Law Review

No abstract provided.


Forecasting The How And Why Of Corporate Crime's Demise, Miriam H. Baer Jul 2022

Forecasting The How And Why Of Corporate Crime's Demise, Miriam H. Baer

Faculty Scholarship

No abstract provided.


Comment: Understanding Xenophobia As Intersectional Discrimination, Shreya Atrey Jul 2022

Comment: Understanding Xenophobia As Intersectional Discrimination, Shreya Atrey

Washington and Lee Law Review

This Comment examines the nature of xenophobia and why it seems to fall through the cracks of international human rights law, especially as a form of racial discrimination under the International Convention on the Elimination of All Forms of Racial Discrimination. It considers an understanding of xenophobia as a sui generis case of intersectional discrimination because it has to do with racial grounds but also perhaps other grounds (such as nationality, religion, language, culture, and class), which makes it difficult to disentangle the basis of xenophobic discrimination as based on strictly racial grounds alone.


Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks Jul 2022

Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks

Journal of Dispute Resolution

From the global positioning systems (GPS) that guide our morning commute to the more complex machine learning systems used to build Spotify’s curation algorithms, artificial intelligence (AI) has become a central part of the way that society functions efficiently. AI has become increasingly integrated into our daily lives, permeating consumer and corporate worlds alike. Despite a reputation for being slow to adopt new technology, the legal field has been particularly forward in embracing the use of AI to increase docket speeds, optimize case management, and fill gaps in access to justice. An impressive array of programs now exists, creating a …


The Influence Of Foreign Jurisprudence About International Commercial Arbitration In Latin American State Courts, Björn Arp Jul 2022

The Influence Of Foreign Jurisprudence About International Commercial Arbitration In Latin American State Courts, Björn Arp

Journal of Dispute Resolution

International commercial arbitration has become regulated in an increasingly uniform manner through texts such as the UNCITRAL Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Despite the apparent uniformity, state courts still encounter instances of unclear and incomplete regulations of arbitration-related matters. This article focuses on the practice of courts in Latin America that interpret arbitration-related regulations and fill gaps with the help of a comparative jurisprudential analysis. The article reviews this jurisprudence to determine what impact, if any, landmark cases from France, Switzerland, the United Kingdom, the United States, and other …


Poor Writing, Not Specialized Concepts, Drives Processing Difficulty In Legal Language, Eric H. Martinez, Francis Mollica, Edward Gibson Jul 2022

Poor Writing, Not Specialized Concepts, Drives Processing Difficulty In Legal Language, Eric H. Martinez, Francis Mollica, Edward Gibson

Faculty Scholarship

Despite their ever-increasing presence in everyday life, contracts remain notoriously inaccessible to laypeople. Why? Here, a corpus analysis (n ≈10 million words) revealed that contracts contain startlingly high proportions of certain difficult-to-process features–including low-frequency jargon, center-embedded clauses (leading to long-distance syntactic dependencies), passive voice structures, and non-standard capitalization–relative to nine other baseline genres of written and spoken English. Two experiments (N=184) further revealed that excerpts containing these features were recalled and comprehended at lower rates than excerpts without these features, even for experienced readers, and that center-embedded clauses inhibited recall more-so than other features. These findings (a) undermine …


The Gdpr As Privacy Pretext And The Problem Of Co-Opting Privacy, Neil Richards Jul 2022

The Gdpr As Privacy Pretext And The Problem Of Co-Opting Privacy, Neil Richards

UC Law Journal

Privacy and data protection law’s expansion brings with it opportunities for mischief as privacy rules are used pretextually to serve other ends. This Essay examines the problem of such co-option of privacy using a case study of lawsuits in which defendants seek to use the EU’s General Data Protection Regulation (“GDPR”) to frustrate ordinary civil discovery. In a series of cases, European civil defendants have argued that the GDPR requires them to redact all names from otherwise valid discovery requests for relevant evidence produced under a protective order, thereby turning the GDPR from a rule designed to protect the fundamental …


How And Why Do Judges Cite Academics? Evidence From The Singapore High Court, Jerrold Soh, Yihan Goh Jul 2022

How And Why Do Judges Cite Academics? Evidence From The Singapore High Court, Jerrold Soh, Yihan Goh

Research Collection Yong Pung How School Of Law

Legal academics were once thought to be parasitic on the work of judges, so much so that citing academic work was said to weaken a judgment’s authority. Recent times have however seen prominent academics appointed to the highest courts, and judicial engagement with academic materials appears to have increased. In this light, this article empirically studies academic citation practices in the Singapore High Court. Using a dataset of 2,772 High Court judgments, we show that citation counts have indeed increased over time, even in this first-instance court. This increase was distributed across most legal areas, and was not limited to, …


The Political Urgency Of Black Manhood: Frederick Douglass On Constitutional Theory, John M. Kang Jul 2022

The Political Urgency Of Black Manhood: Frederick Douglass On Constitutional Theory, John M. Kang

Faculty Scholarship

How did Frederick Douglass—one who was born a slave, one who had been denied all formal education, one who had been sundered from his family, one who had been starved, tortured, and, on occasion, nearly killed—manage to muster the courage to do something as bold as challenge the United States Supreme Court? This Article suggests that Douglass, in order to assert his right as an American citizen, first had to assert his right as a man in an explicitly gendered sense. That is, Douglass had to muster a powerful sense of manliness that could elevate him psychologically to assert his …


The Political Urgency Of Black Manhood: Frederick Douglass On Constitutional Theory, John M. Kang Jul 2022

The Political Urgency Of Black Manhood: Frederick Douglass On Constitutional Theory, John M. Kang

New Mexico Law Review

How did Frederick Douglass—one who was born a slave, one who had been denied all formal education, one who had been sundered from his family, one who had been starved, tortured, and, on occasion, nearly killed—manage to muster the courage to do something as bold as challenge the United States Supreme Court? This Article suggests that Douglass, in order to assert his right as an American citizen, first had to assert his right as a man in an explicitly gendered sense. That is, Douglass had to muster a powerful sense of manliness that could elevate him psychologically to assert his …


Implicating Implicit Bias In The Judiciary: Using Contextual Analyses To Bring About Meaningful Systemic Reform, Stephen Morris Jun 2022

Implicating Implicit Bias In The Judiciary: Using Contextual Analyses To Bring About Meaningful Systemic Reform, Stephen Morris

Indiana Journal of Law and Social Equality

No abstract provided.


Neither Here Nor There: Nonbinary, Law, Student, Celia Meredith Jun 2022

Neither Here Nor There: Nonbinary, Law, Student, Celia Meredith

Indiana Journal of Law and Social Equality

No abstract provided.


Patients, Corporate Attorneys, And Moral Obligations, Ioan-Radu Motoarcă Jun 2022

Patients, Corporate Attorneys, And Moral Obligations, Ioan-Radu Motoarcă

St. Mary's Journal on Legal Malpractice & Ethics

There are two main questions that any account of corporate lawyers’ moral obligations needs to answer: (1) Do corporate lawyers have moral obligations to third parties? and (2) In cases of conflict between obligations to the corporation and obligations to third parties, which should prevail? This Article offers answers to these questions in the context of lawyers working in medical corporations. I argue that lawyers do have moral obligations to third parties, and that in cases where patients’ rights are being violated by a medical company, patients’ rights should prevail. Consequently, attorney–client confidentiality rules should be relaxed to allow for …


“So, You Can Let Me Look At Your Phone?”: Detectives Obtaining Consent To Search Cell Phones, Stacy Dewald Jun 2022

“So, You Can Let Me Look At Your Phone?”: Detectives Obtaining Consent To Search Cell Phones, Stacy Dewald

Journal of Criminal Justice and Law

Issues regarding Fourth Amendment protections and police access to digital evidence have been an ongoing battle in the courts over the past few years. Despite growing literature on the importance of collecting digital evidence during criminal investigations, there is little research on how detectives obtain consent to get to digital evidence, particularly cell phones. The present study addresses this research gap by drawing upon participant-observation, in-situ interviews, and in-depth interviews of detectives in an American suburban police department. The data indicate that during suspect interviews, detectives attempt to obtain consent to search phones to avoid delays related to obtaining a …


Dueling Dictionaries And Clashing Corpora, Kevin Tobia Jun 2022

Dueling Dictionaries And Clashing Corpora, Kevin Tobia

Duke Law Journal Online

No abstract provided.


We Can't Talk About Race Unless We Also Talk About Art, Lavinia Liang Jun 2022

We Can't Talk About Race Unless We Also Talk About Art, Lavinia Liang

Duke Law Journal Online

No abstract provided.


The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix Jun 2022

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …


The Internet Immunity Escape Hatch, Gregory M. Dickinson Jun 2022

The Internet Immunity Escape Hatch, Gregory M. Dickinson

BYU Law Review

Internet immunity doctrine is broken, and Congress is helpless. Under Section 230 of the Communications Decency Act of 1996, online entities are absolutely immune from lawsuits related to content authored by third parties. The law has been essential to the internet’s development over the last twenty years, but it has not kept pace with the times and is now deeply flawed. Democrats demand accountability for online misinformation. Republicans decry politically motivated censorship. And all have come together to criticize Section 230’s protection of bad-actor websites. The law’s defects have put it at the center of public debate, with more than …


Misinformation And Disinformation: Detecting Fakes With The Eye And Ai, Victoria Rubin Jun 2022

Misinformation And Disinformation: Detecting Fakes With The Eye And Ai, Victoria Rubin

Data and Test Instruments

How do we detect, deter, and prevent the spread of mis- and disinformationwith the human eye and AI? How does theory inform the practice, and how do theevidence-based research and best practices in lie-catching and truth-seekingprofessions—inform AI? The book looks into well-established human practicessuch as the routines and processes used in detective work, journalism, and scientificinquiry, and how they contribute toward innovative AI solutions. The book explainsthe principles, inner workings, and recent evolution of five types of state-of-the-artAI technologies suitable for curtailing the spread of mis- and disinformation:automated deception detectors, clickbait detectors, satirical fake detectors, rumordebunkers, and computational fact-checking tools.