Digital Commons Network^™

Measuring And Assessing The Impact Of Race And Culture Assessments In Sentencing, Alexia Bystrzycki

LLM Theses

In recent years, the use of Impact of Race and Culture Assessments (“IRCA”) emerged in sentencing across Canada, especially in Nova Scotia and Ontario. Sentencing judges recognized that IRCAs “have the potential to provide a bridge between an accused’s experience with racial discrimination and the problem of over-incarceration” (R v Jackson, 2018 ONSC 2527). Consequently, IRCAs are helpful in achieving fit and proportional sentences. Using a mixed-methods approach, this thesis seeks to assess the impact of IRCAs on sentencing decisions. First, this thesis examines how judges apply IRCAs in crafting sentences by way of content analysis. Second, this thesis attempts …

Quasi-Property No More: "Human Heritage" As A New Legal Status For The Dead, Alida B. Soileau

South Carolina Law Review

No abstract provided.

Antigone And Les Misérables: A Pathetic Look At Jury Nullification, Andrew Lambert

San Diego Law Review

This paper considers whether and why criminal juries choose to "nullify" a verdict by acquitting the defendant despite the prosecution proving its case beyond a reasonable doubt. To examine jury nullification, this paper turns to two pieces of theater - Antigone and Les Misérables. In each play, the protagonist is unquestionably guilty of a crime but the audience champions them anyway. Examining why audiences absolve the protagonists explains why juries acquit otherwise guilty defendants.

Thou Shalt Not Take Thy Lord’S Name In Vein: Vaccine Mandates & Religious Objectors, Stephen Moran

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Race In The United States: A View From Outer Space, Stephen W. Smith, Géraldine Faes-Smith

Law and Contemporary Problems

No abstract provided.

Ndls Communicator: Week Of 09.19.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Class of 2022 builds on Notre Dame Law School’s strong tradition of securing clerkships
• ND Law’s Religious Liberty Clinic supports the Buddhist association in Alabama land use case
• Charity law scholars from around the world will gather in London
• The Religious Liberty Clinic files an amicus brief supporting en banc review in Apache Stronghold v. United States
• Members of the Notre Dame Black Law Students Association share what the group means to them on campus and beyond.
• The Wrongful Conviction podcast tells the story of Andy Royer, the first ND Law Exoneration Justice Clinic client to be …

The Question Of Aerospace Vehicles: In Support Of Dual Legal Systems For A Dual Purpose Craft, Marshall Mckellar

Indian Journal of Law and Technology

World governments and military contractors have been developing aerospace vehicles (ASVs) for over seventy years. Today, there exists a renewed interest in the development and utilization of this technology. From the Air Force’s X37-B spaceplane and DARPA’s Hypersonic Technology Vehicle-2 (HTV-2), to Virgin Galactic’s SpaceShipTwo, Reaction Engine’s SkylonSpaceplane, XCOR’s Lynx Mk II and India’s Avatar Spaceplane, cutting-edge innovators are pursuing an aircraft capable of traversing the fringes of outer space with unprecedented frequency and efficiency. In order to facilitate the viability of this developing technology, space-faring states—and the international community as a whole—must have a thorough legal discussion concerning the …

A Legal-Comparison Of The India Software Law And The Software Law Of Germany, Thomas E. Soebbing

Indian Journal of Law and Technology

India has emerged as one of the leading destinations for offshore outsourcing in the software industry and has attracted the attention of software industries of several countries including Germany. In order to sustain this outsourcing relationship, the legal frameworks of these countries play a very important role. In this article, the author conducts a comparative analysis of Indian and German laws that impact the software industry, mainly dealing with three fields: first, Copyright Law impacting the protection of intellectual rights over software; second, Contract Law specifically dealing with software contracts and nature of such transactions and, finally, the remedies available …

Fake Facts: An Incredulous Look At Piracy Statistics In India, Prashant Iyengar

Indian Journal of Law and Technology

The author of the paper looks at how the expression ‘piracy’ has acquired traits due to the manner in which news has been reported, and also the manner in which ‘piracy statistics’ have defined the boundaries of their context by perpetuating an image of value-neutrality while revealing little other than the quantity of ‘pirates’. By examining newspaper reports, he notes the manner in which the losses in the music and video industries are portrayed, and the estimations of the same which are sometimes downright fictitious, but nonetheless accepted by the press. Accounts of piracy in the press have changed though, …

Permanent Downloads And The Resale Of Digital Content: Another Exhausting Journey?, Aparajita Lath

Indian Journal of Law and Technology

The rise of digitally supplied content has created several ambiguities regarding the treatment of such content as goods or services. The shift in the medium of delivery from physical objects to digital formats has raised several questions in the realm of copyright law. The concepts of exhaustion and first sale, the interpretation of which in the Indian context is already arguably confused, now face additional uncertainties and ambiguities. This paper seeks to identify questions that arise in the field of copyright law due to the emergence of this new medium of delivery, such as whether the circulation of digital content …

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 …

Ndls Communicator: Week Of 09.12.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Fighting to Educate a Different Kind of Lawyer
• Program on Church, State & Society announces Stefan McDaniel to serve as first Rodes Fellow
• Christine Venter was the 2021 recipient of the Teresa Godwin Phelps Award for Scholarship in Legal Communication.
• Jeff Pojanowski's paper "Authenticity and Free Speech" was published in the Law and Religion Forum (St. John's Law School Center for Law and Religion).
• Patrick Corrigan co-organized a conference, London Law and Finance Symposium, as part of the Global Lawyering Initiative at the London Global Gateway on September 9. Patrick and Maria Maciá both presented at the …

Rehabilitation Of The Insolvent Wage Earner Under The Bankruptcy Act In Florida, Charles Elihu Nadler

Florida Law Review

No abstract provided.

Stock Transfer Restrictions In Closely Held Corporations, Earnest C. Edge, Lindsay G. Peeples

Florida Law Review

No abstract provided.

Criminal Law: Florida's Legal Lotteries, Robert P. Gaines

Florida Law Review

No abstract provided.

Federal Income Taxation: Taxability Of Punitive Awards, Edward N. Claughton Jr.

Florida Law Review

No abstract provided.

The Substantial Evidence Rule In Florida Administrative Law, Malcolm B. Parsons

Florida Law Review

No abstract provided.

Legal Problems In Florida Municipal Zoning, Ernest R. Bartley

Florida Law Review

No abstract provided.

American Legal Education Through Indian Eyes, Shridhar G. Chitale

Florida Law Review

No abstract provided.

The Function Of Concurring And Dissenting Opinions In Courts Of Last Resort, Richard B. Stephens

Florida Law Review

No abstract provided.

Injunctive Relief In Florida, L. L. Fabisinski, Joe A. Cowart Jr.

Florida Law Review

No abstract provided.

Prohibition In Florida, Victor O. Wehle, William S. Belcher

Florida Law Review

No abstract provided.

Statutory Construction: Ejusdem Generis Versus Legislative Intent, George A. Dietz

Florida Law Review

No abstract provided.

Infographic: Digital Copyright Laws And Online Teaching, Zoe Kaskamanidis

Teacher infographics

A new report has assessed whether copyright limitations for educational purposes are unfit for remote education through a legal analysis of copyright laws in 40 countries. This infographic shows the number of countries in the report for which the following online teaching scenarios are not legal.

Merger Of Law And Equity In Florida – Problems And Proposals, Richard V. Falcon, Robert C. Parker Jr.

Florida Law Review

No abstract provided.

The Employer's Right To Halt Operations Permanently Or Temporarily, Leo P. Rock Jr.

Florida Law Review

No abstract provided.

Income Tax: Deduction Allowed For The Unsuccessful Defense Of A Criminal Action, Joel Strawn

Florida Law Review

No abstract provided.

Prior Restraint Of Racial Picketing, John R. Beranek

Florida Law Review

No abstract provided.

Statutory Recognition Of The Close Corporation In Florida, Robert R. Feagin

Florida Law Review

No abstract provided.