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 1231 - 1260 of 73800

Full-Text Articles in Entire DC Network

Julien Grisonas Family V. Argentina, Kamila Knaudt Dec 2025

Julien Grisonas Family V. Argentina, Kamila Knaudt

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance and murder of a Uruguayan artist and member of the Party for the Victory of the People and his wife by Argentina within the framework of Operation Condor. The case was brought by their children, who had been separated from their parents when they were taken and given up for adoption in Chile. Eventually, the Court found Argentina in violation of several articles of the American Convention but did not find a violation of the Inter-American Convention on Forced Disappearance of Persons.


Movilla Galarcio Et. Al. V. Colombia, Katrina Karaguzian Dec 2025

Movilla Galarcio Et. Al. V. Colombia, Katrina Karaguzian

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance of a trade unionist and political militant in Colombia. Colombia partially admitted responsibility. The Court found Colombia in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.


García Rodríguez Et Al. V. México, Madeline Prokop Dec 2025

García Rodríguez Et Al. V. México, Madeline Prokop

Loyola of Los Angeles International and Comparative Law Review

This case is about the arrest, prosecution, conviction and detention of two suspects of the murder of the mayor of a Mexican municipality. The Court found Mexico in violation of several articles of the American Convention and of the Inter-American Convention to Prevent and Punish Torture.


Maidanik Et Al. V. Uruguay, David Randall Dec 2025

Maidanik Et Al. V. Uruguay, David Randall

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance and murder of five individuals during the military dictatorship in Uruguay (1973-1985). Eventually, the Court found Uruguay in violation of several articles of the American Convention and of the Inter-American Convention on Forced Disappearance of Persons.


Plowing With A Pencil: Policy Approaches For States Squaring Agricultural Interests With Select Public Interests, Mary Eichenberger Dec 2025

Plowing With A Pencil: Policy Approaches For States Squaring Agricultural Interests With Select Public Interests, Mary Eichenberger

Journal of Food Law & Policy

From a fifth-generation wheat farmer on the Kansas plains to a cattle rancher in Montana to a beginning peach producer in Georgia, American agriculture produces, provides, and protects sources of food, fiber, fuel, and shelter. American agriculture, once solely supported by rural family farmers and steeped in an agrarian system, now relies heavily on industrialized operations, creating an arena ripe for the clash of diverse policy perspectives. As farmers produce the food enjoyed at dinner tables across the country, the inevitable impacts of agriculture production on the environment have led to policy and legal arguments surrounding the regulation of agriculture. …


Mobility And Power In Temp Work, Andrew Elmore Dec 2025

Mobility And Power In Temp Work, Andrew Elmore

BYU Law Review

Labor mobility is an underdiscussed determinant of temp worker power. Drawing on original interviews with professional and blue-collar workers who work as and alongside temps, this Article shows how businesses use staffing agencies to restrict the labor mobility of contingent workers. Staffing agencies limit worker mobility by imposing user- and worker-side contractual restraints while misrepresenting themselves to temp workers as their sole employer. They also exploit state-imposed mobility limitations by recruiting foreign nationals and people leaving incarceration and channeling them into their most precarious work. This enables clients to dismantle internal labor markets and to fill staffing shortages without raising …


Did Anderson V. Tiktok Get It Right? Holding Social Media Providers Accountable For Harm To Adolescents, Allison Mitton Dec 2025

Did Anderson V. Tiktok Get It Right? Holding Social Media Providers Accountable For Harm To Adolescents, Allison Mitton

BYU Law Review

When dangerous social media challenges go viral and cause harm to adolescents and young children, should the platform be held liable for pushing that content? As it currently stands, Section 230 of the Communications Decency Act of 1934 prevents this from happening. However, Anderson v. TikTok—a recent suit brought on behalf of a ten-year-old girl who died after asphyxiating herself while participating in the viral “Blackout Challenge”—seeks to change that.

The Third Circuit court in Anderson held that social media algorithms should be considered first-party speech, or the platform’s own expressive activity, rather than third-party speech, displaying its users’ expressive …


High At Home: How The Continued Federal Prohibition Of Cannabis In Federally Subsidized Housing Perpetuates The War On Drugs, Marcella Jackson Dec 2025

High At Home: How The Continued Federal Prohibition Of Cannabis In Federally Subsidized Housing Perpetuates The War On Drugs, Marcella Jackson

Villanova Law Review (1956 - )

No abstract provided.


Trial Practice And Procedure, Joseph M. Colwell, Christopher B. Mcdaniel, John D. Flowers, Madi Mcmichael Moseley Dec 2025

Trial Practice And Procedure, Joseph M. Colwell, Christopher B. Mcdaniel, John D. Flowers, Madi Mcmichael Moseley

Mercer Law Review

This Article addresses selected opinions and legislation of interest to the Georgia civil trial practitioner issued during the survey period of this publication.


A Conversation With Judge Stephanos Bibas, Stephanos Bibas, Kevin C. Walsh Dec 2025

A Conversation With Judge Stephanos Bibas, Stephanos Bibas, Kevin C. Walsh

Catholic University Law Review

On Friday, March 28th, 2025, the Catholic University Law Review hosted its annual spring symposium: Traditional Judicial Power & Doctrinal Development, which included a conversation between Judge Stephanos Bibas and Professor Kevin C. Walsh. The conversation covered topics such as standing, severability, and preliminary injunctions. This is a transcript of the conversation, and the text appears substantially as it was delivered.


Still A Deal With The Devil? Mary Carter Agreements And The Integrity Of Civil Jury Trials, Lane Hammond Dec 2025

Still A Deal With The Devil? Mary Carter Agreements And The Integrity Of Civil Jury Trials, Lane Hammond

Mercer Law Review

This Comment examines how jurisdictions treat Mary Carter agreements today and why Georgia should prohibit them entirely. It explores a case currently on appeal before the Court of Appeals of Georgia that raises the issue, draws parallels to prohibited trial tactics under the Bruton Doctrine, and explains why limiting instructions fail to cure the prejudice these agreements create. It raises questions about whether Mary Carter agreements even present a justiciable controversy. It also considers the tension between the competing values at stake: promoting settlements and judicial efficiency on one side, versus safeguarding fairness and the integrity of litigation on the …


The Impact Of New York City’S Bail Reform, Ruya Y. Kutgun Dec 2025

The Impact Of New York City’S Bail Reform, Ruya Y. Kutgun

Honors College Theses

This thesis examines the impact of New York City’s bail reform on crime, recidivism, and jail populations, with particular attention to whether the reform has contributed to increased violence. Implemented in 2020 to reduce racial and economic inequalities, bail reform eliminated cash bail for most low-level offenses and emphasized the least restrictive pretrial conditions, with subsequent amendments expanding eligibility for detention. Using cross-sectional data from multiple governmental and research institutions, this study analyzes arrest rates, rearrest rates, and jail population trends before and after implementation. Findings indicate no significant increase in recidivism or violent crime attributable to bail reform. Fluctuations …


The Next Drug Epidemic Is Legal: The Nation's Kratom Problem Is More Complicated—And More Harmful—Than It Seems, Elizabeth Walsh Dec 2025

The Next Drug Epidemic Is Legal: The Nation's Kratom Problem Is More Complicated—And More Harmful—Than It Seems, Elizabeth Walsh

Capstones

This two-part health and science investigative piece reports how kratom and its offshoots have quietly fueled a lucrative and legal addiction epidemic for the last decade. While kratom’s derivative alkaloid 7-hyrdoxymitragynine made headlines this year and as the DEA is poised to ban the strong derivative, “natural” kratom and other kratom-derived products will remain. This piece tracks the history of the 'gas‑station opioid' crisis in the U.S. over ten years: what was thought to be an innocuous southeast Asian supplement has become multi-billion dollar industry built on gray‑area laws, marketed falsehoods, and regulatory loophooles.

Part 1: The ‘Gas Station Opioid’ …


"How Is That Not Stalking?”: A Call For Legislative Reform In Pennsylvania, Lauren Marvel, Jessica Poley Dec 2025

"How Is That Not Stalking?”: A Call For Legislative Reform In Pennsylvania, Lauren Marvel, Jessica Poley

Widener Commonwealth Law Review

No abstract provided.


#Bailfail: How Non-Uniform Bail Schedules May Have A Deleterious Effect On Human Trafficking Prosecutions, Benjamin Thomas Greer Dec 2025

#Bailfail: How Non-Uniform Bail Schedules May Have A Deleterious Effect On Human Trafficking Prosecutions, Benjamin Thomas Greer

Widener Commonwealth Law Review

No abstract provided.


Challenges In Addressing Cyberharassment Of Domestic Violence Victims Within The Council Of Europe Instruments, Gulnaz Alasgarova Dec 2025

Challenges In Addressing Cyberharassment Of Domestic Violence Victims Within The Council Of Europe Instruments, Gulnaz Alasgarova

Widener Commonwealth Law Review

No abstract provided.


Harm And Wrongdoing In The Law Of Rape, Ben A. Mcjunkin Dec 2025

Harm And Wrongdoing In The Law Of Rape, Ben A. Mcjunkin

Widener Commonwealth Law Review

No abstract provided.


April 4, 1968: A Law Student’S Night In The Memphis Jail, Alex Jay Hurder Dec 2025

April 4, 1968: A Law Student’S Night In The Memphis Jail, Alex Jay Hurder

Vanderbilt Social Justice Reporter

No abstract provided.


Influencing The Meteoric Rise Of Ai: Centering Ethics, Law, And Society In Urgent Policy Reform, Erin L. Shah Mspm, Heath A. Clark Mba, Xarlene B. Choi Bs, Garrett K. Chan Phd Dec 2025

Influencing The Meteoric Rise Of Ai: Centering Ethics, Law, And Society In Urgent Policy Reform, Erin L. Shah Mspm, Heath A. Clark Mba, Xarlene B. Choi Bs, Garrett K. Chan Phd

The Guardianship Journal

Artificial intelligence (AI) represents a transformative technological advancement with the potential to yield extraordinary societal benefits while simultaneously introducing significant potential harms to individuals, governments, and society. The adoption of AI has outpaced the ability of society to collectively and cohesively respond through the implementation of adequate regulatory guardrails. While AI presents novel benefits and challenges, the broader dynamic of responding to new, uncharted technologies has historical precedence. The article's methodological approach employed empirical research using law articles and policies. As such, the article explores the benefits, challenges, and actual or potential harms in three business sectors: business and finance, …


Engaging Seminars: The Impact Of Storytelling In Public Safety Education, Mimi Gough, Glenn L. Walton Dec 2025

Engaging Seminars: The Impact Of Storytelling In Public Safety Education, Mimi Gough, Glenn L. Walton

The Guardianship Journal

This paper examines the important role of storytelling in higher education as a technique for engaging students in course content and applies its relationship to the experiential learning theory (ELT) in which learners are actively seeking knowledge through authentic application. Storytelling can be a particularly effective method when used during live online seminars in public safety education, since this particular program of study often relies on verbally communicating realistic and credible information. Sharing various examples of actual encounters can help students better prepare for these types of situations when they face them in their future careers. Incorporating evidence to support …


Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris Dec 2025

Lost In Translation: How The Criminal Justice System Fails Individuals With Autism, J.Mckenna Harris

Master of Arts in Human Services

Adults with autism spectrum disorder face significant challenges throughout the criminal justice system, from initial police contact through incarceration. This capstone examined how the core features of autism, literal language processing, difficulty reading social cues, sensory sensitivities, and executive function deficits, create vulnerabilities that legal professionals frequently misunderstand. The literature review revealed a consistent pattern: behaviors rooted in autism are routinely misinterpreted as signs of guilt, defiance, or lack of remorse. During interrogations, individuals with autism are highly susceptible to false confessions because they struggle with abstract legal language, tend to comply with authority figures, and cannot predict the consequences …


A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues Dec 2025

A Comparative Analysis Of Domestic Violence Legislation In India And The United States: Understanding Protection Of Women Against Violence Act 2005 And Violence Against Women Act 1994, Deon Rodrigues

2025 Fall Honors Capstones Projects - Archive

Domestic violence continues to affect millions of individuals worldwide, yet legal systems respond to it in very different ways. This research compares how India’s Protection of Women from Domestic Violence Act (2005) and the United States’ Violence Against Women Act (1994; 2021) protect victims and hold offenders accountable. Using a comparative legal analysis, the study examines both laws’ language, enforcement mechanisms, and effectiveness through court cases, government reports, and statistical data. By identifying the strengths of the United States model such as mandatory arrest provisions and victim support systems, the study aims to propose practical reforms for India’s legal framework. …


Parameters Winter 2025-26, Usawc Press Dec 2025

Parameters Winter 2025-26, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Winter 2025–26 issue of Parameters. We open with an In Focus commentary: “Responsibly Pursuing Generative Artificial Intelligence (GenAI) for the War Fighter” by A. Blair Wilcox and C. Anthony Pfaff. The issue also features two forums (Indo-Pacific Deterrence and Considerations for Modern Warfare) and the inaugural Strategic Competition Corner.


Beyond Precedent: Sexual Violence As An Act Of Genocide In The International Criminal Tribunal For Rwanda, Ciara Kilroy Dec 2025

Beyond Precedent: Sexual Violence As An Act Of Genocide In The International Criminal Tribunal For Rwanda, Ciara Kilroy

Peace and Conflict Studies

Wartime sexual violence (WSV) has been a characteristic of violent conflict throughout recorded history, yet has failed to illicit the same international attention and condemnation as other war crimes. WSV has also been a particularly pervasive method of destruction during genocide, in which women make up the majority of victims and are targeted for both their gender and group membership. However, sexual violence is not enumerated as a crime of genocide in the 1948 Genocide Convention. Despite its absence from the formal genocide convention, legal institutions have still attempted to hold perpetrators responsible for sexual violence during genocide. This paper …


Caste-Ing And Recasting Race In Equal Protection Jurisprudence, Vinay Harpalani, Magdalene Bernier Dec 2025

Caste-Ing And Recasting Race In Equal Protection Jurisprudence, Vinay Harpalani, Magdalene Bernier

Maryland Law Review

No abstract provided.


Rhetorical Strategies In Legal Argument: Their Influence On Judicial Decisions And Public Perception, Olivia Deluca Dec 2025

Rhetorical Strategies In Legal Argument: Their Influence On Judicial Decisions And Public Perception, Olivia Deluca

Honors College Theses

The relationship between rhetoric and law has long been debated by scholars, theorists, and practitioners. This project explores how rhetorical strategies used in judicial writing and legal discourse influence both judicial decision making and public perception of the law. Drawing on classical rhetorical theory, contemporary legal scholarship, and qualitative research, this study investigates how appeals to morality, precedent, and narrative shape legal legitimacy. The research incorporates interviews with legal professionals and textual analysis of landmark U.S. Supreme Court cases to examine how rhetorical language both reflects and constructs legal authority. Findings suggest that rhetoric functions not only as a persuasive …


Social Murder And The Antisocial Contract, Marissa Jackson Sow Dec 2025

Social Murder And The Antisocial Contract, Marissa Jackson Sow

Maryland Law Review

No abstract provided.


Caste As Practice, Analogy, And Metaphor, Mark A. Graber Dec 2025

Caste As Practice, Analogy, And Metaphor, Mark A. Graber

Maryland Law Review

No abstract provided.


Disposing Of Misdemeanors: An Empirical Perspective, Cynthia Alkon, Jonathan Marshall, Kyle Chrisman, Lydia Sidhom Dec 2025

Disposing Of Misdemeanors: An Empirical Perspective, Cynthia Alkon, Jonathan Marshall, Kyle Chrisman, Lydia Sidhom

St. John's Law Review

(Excerpt)

This Article will begin by discussing why misdemeanors matter and the importance of examining these cases to better understand how the criminal legal system is functioning or not. Next, in Section III, we will discuss the importance of plea bargaining, both how it works in practice and the concerns surrounding this process. We will then turn, in Section IV, to a discussion of why it matters to have better data so that the players in the system are better informed about how the legal system actually works. Better data contributes to transparency, which can help improve the general public’s …


The New Language: Contractual Interpretation In The Age Of Emojis, Kosi Moneke Dec 2025

The New Language: Contractual Interpretation In The Age Of Emojis, Kosi Moneke

Bates College Undergraduate Law Review

Since their creation in 1999, emojis have evolved from just playful visual expressions to communicative tools that are increasingly appearing in legal disputes. This paper explores emojis as mediums of legal meaning. It examines how U.S. contract law approaches emojis as evidence of assent, threat, conspiracy, and intent, and how established contractual doctrines have adapted to emojis as tools of expressive communication. Though ambiguous, this paper aims to demonstrate that emojis can be interpreted within existing contractual frameworks.

This paper is structured as follows: it situates emojis as a continuation of contract law's historical engagement with nonverbal assent. It will …