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Copy, Cut, Steal: The Legal Struggle Over Fashion’S Creative Ownership, Kosi Moneke

Bates College Undergraduate Law Review

No abstract provided.

Decolonizing The Museum: Improving Transparency Of Colonial Era Art In Museum Collections, Georgia Slattery

William & Mary Law Review Online

This Note argues that the current standards regarding the display of colonial era artwork must be addressed through a new form of oversight and enforcement. In order to understand why the law and policies surrounding museums’ duties should change, it is important to first understand the existing frameworks that guide the choices museums make today. Part I of this Note provides the relevant background, first taking a brief look at the impact of the Nazis on the art world and addressing some of the leading guidelines and legislation about provenance research and restitution claims for Nazi-looted art. Part I then …

Municipal Overreach: The Case Against Benefit-Based Land Use Exactions, Michael Krasna

Brooklyn Law Review

In the Summer of 2023, a quiet buzz was building in New York City that Madison Square Garden’s Special Permit—the land use vehicle that allows it to operate an arena— was in jeopardy. Contributing to the hubbub were discussions about a controversial form of land use regulation: benefit-based exactions. Exactions are requirements imposed on property owners by local governments whereby, in return for a discretionary land use approval, property owners dedicate a portion of their property to further the government’s interest or pay a fee in lieu thereof. While exactions are primarily used by a municipality when a new development …

The Fall From Standing: How The Courts Have Diverged From Financial Standing Standards, Shouatshen Adoree Yang

Brooklyn Law Review

The Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA) enable consumers to sue credit reporting and debt collection agencies for engaging in abusive practices such as reporting false information or continuous harassment. In order for a lawsuit to be heard, consumers must have constitutional standing, and thus, must have suffered a particularized and concrete injury. However, it may be difficult for consumers to allege a concrete injury given that credit and debt issues often result in harm that is intangible and difficult to categorize. While the Supreme Court has classified financial, intangible injuries as concrete …

Harmonizing Esg: Standardizing Rating Agency Processes To Rectify The Esg Framework, Christina Philippides

Brooklyn Law Review

Greta Gerwig’s Barbie film did not merely revive a cultural icon. It highlighted the intersection of brand loyalty, consumer behavior, and corporate culture, which, in turn, revealed a broader trend in investment strategies. As consumers increasingly seek to make investments in companies that align with their values, investors are similarly drawn to firms with strong environmental, social, and governance (ESG) practices. Increasing investor focus on corporate practices has given rise to ESG investing, where investment decisions are influenced by a company’s commitment to sustainability and ethical governance. Despite ESG-driven investments directly correlating with boosts in corporate valuation and market performance, …

Bred For Profit, Euthanized For Space: The Houndmaid’S Tale, Krista Doherty

Brooklyn Law Review

The Animal Welfare Act (AWA) was passed by Congress in 1966 with the intent to ensure humane treatment of animals used in interstate and foreign commerce. A dog breeder must obtain a license under the AWA so long as the dog breeder has five or more female dogs capable of breeding and whose offspring are sold as pets, and the breeder does not meet the “retail pet store” exemption. However, due to government neglect, as well as a lack of government oversight and regulation, both at the federal and state levels, thousands of dogs suffer every day in breeding operations. …

Implicit Bias Within The Primary Assumption Of Risk Doctrine, Tracy Catapano-Fox

Brooklyn Law Review

This Article addresses the efficacy of the primary assumption of risk doctrine, and the improper extension of the doctrine to vitiate a plaintiff’s ability to obtain recourse in personal injury cases. When the New York legislature enacted the comparative negligence standard in 1975, it essentially revoked the applicability of the primary assumption of risk doctrine as a defense in tort litigation. However, the courts continued to apply the primary assumption of risk doctrine in tort cases involving sports or physical activity, analyzing it as an element of a defendant’s duty and serving as a complete bar to recovery for plaintiffs …

Do Bankruptcy Judges Belong In Chambers? Rethinking Inherent Civil Contempt Power In Bankruptcy, Abigail B. Willie

Brooklyn Law Review

In recent years, the Supreme Court of the United States has recognized limitations on the adjudicatory authority of the bankruptcy judge in certain contexts. In the face of this seeming erosion in the previously presumed power of the bankruptcy judge, the time is ripe to consider areas in which a bankruptcy judge’s adjudicatory authority may be further challenged. Inherent civil contempt power is one such area. Contempt power in the bankruptcy context has been murky since the creation of the non-Article III bankruptcy court in 1978. While today, courts generally agree that bankruptcy judges possess (at least some) inherent civil …

Aerial Highways: The Fifth Amendment Implications Of Commercial Drone Delivery Services, Marc C. Mcallister, Karen A. Sauls

Brooklyn Law Review

Commercial drone delivery systems that deliver packages of purchased products directly to the homes of consumers are being developed and tested by many companies in America, including Walmart and Amazon. Soon enough, our skies will be filled with low-flying drones. This Article joins the growing cohort of legal scholars discussing drones, but focuses on an issue not addressed to this point - how commercial drone delivery systems can undermine and diminish the property rights of private landowners. In the past, most legal scholars have addressed the interplay between drones and private property by examining potential tort liability for drone operators …

Conflicting Canons Of Construction: The Aftermath In Veterans’ Law, Carlissa R. Carson

Brooklyn Law Review

Until June 28, 2024, when the United States Supreme Court overturned decades of administrative law precedent, veterans' law judges, veterans, and practitioners alike would gather in the administrative law arena to watch an unpredictable battle: Chevron vs. Gardner. The outcome of bouts between these heavyweights was as unexpected as the plot twist in an M. Night Shyamalan film. As a result, our nation’s veterans were defeated. Federal courts tended to apply either Chevron (agency deference) or Gardner (veteran friendliness) and courts rarely mentioned both canons of construction in the same opinion. It was difficult to predict which canon of construction …

Brief Of Amici Curiae Center For Civil Rights And Critical Justice, Aclu Of Washington And King County Department Of Public Defense, Center For Civil Rights And Critical Justice, Jessica Levin, Melissa Lee, Ronald A. Peterson Law Clinic, David Montes, La Rond Baker

Center for Civil Rights and Critical Justice Advocacy

No abstract provided.

A Hermeneutic Phenomenological Study Of Missouri K-12 Public School Educators' Expression Experiences On Social Media, Jacob Murphy Small

Doctoral Dissertations and Projects

The purpose of this hermeneutic phenomenological study was to understand how Missouri public school educators experience their expression regarding social media, seeking to understand their views and lived experiences with expressing themselves on social media. The theory guiding this study was Bandura’s social cognitive theory as it explains the learned behavior of teachers exercising their agency through social media. The central research question for this study was, what are the lived experiences of Missouri K-12 public school educators regarding their expression on social media? This study examined the lived experiences of Missouri public school teachers, gaining an insight to teachers’ …

Bridging The Gap: Local Tax Regulations And The Future Of Green Tax In Indonesia, Daffa Zulfa Yudhanto, Murwendah Murwendah

BISNIS & BIROKRASI: Jurnal Ilmu Administrasi dan Organisasi

Indonesia again ranks among the top three countries vulnerable to the impacts of climate shocks. The intensity of the risk from this phenomenon is expected to continue increasing if a change in societal behavior does not accompany it. Referring to the Environmental Protection Management Law, one of the steps that can be taken to regulate such behavior is through economic instruments, such as a green tax. The green tax will be ineffective without a coherent regulatory framework and stakeholder political will. This study analyzes the alignment of green tax regulations at the regional level and the gaps in their implementation …

Criminal Settlement In The Uae Criminal Procedure Law, Fatima Salem Al Dhaheri

Thesis/ Dissertation Defenses

In pursuit of enhancing justice and improving the efficiency of the criminal justice system, modern legislations have witnessed significant developments in the mechanisms through which the state exercises its right to impose sanctions. This has been achieved through the adoption of innovative approaches in criminal policy. Several legal systems have embraced alternative mechanisms to resolve criminal disputes outside the framework of traditional criminal proceedings, whether in cases of violations (infractions), misdemeanors, or even certain felonies.
In line with this approach, the UAE legislator introduced the Criminal Settlement System in the latest amendment to the Federal Criminal Procedure Law as an …

Tipped Out: Would Ending Involvement In The Flsa Tip Credit System Improve Georgia’S Restaurant Wages?, Zach Ayer

Georgia State University Law Review

The Tip Credit provision of the Fair Labor Standards Act (FLSA) allows a restaurant employer to pay a tipped employee just $2.13 per hour if the employee earns enough in tips to raise their hourly rate to the minimum wage. Enacted in 1966, the provision intends for restaurants, an industry group known for high costs and low profit margins, to employ tipped serving staff at lower cost while ensuring the tipped employees can still earn a competitive wage. The tipping system is not without issues, however. Many of the employers’ duties under the FLSA are difficult to account for, leading …

A Broken Record: A Statutory Solution To Fixing Music Copyright Infringement’S Biggest Problem, Jacob B. Hopkins

Georgia State University Law Review

In the intellectual property space, nothing quite grabs the eye of the public like music copyright infringement. The high reputational and monetary risks associated when an artist claims infringement— especially against that of a major artist—can have huge consequences, even when no infringement occurred. The two prevailing tests for copyright infringement recognize that the hearing court can determine there is not an appropriate level of substantial similarity between two copyrightable works, however this determination relies on specialized musical knowledge, something that the typical trial judge does not possess.

This Note examines the inefficiencies in our current scheme of music copyright …

A Legislative Foundation For Foundation Models, Steven Arango

Georgia State University Law Review

Artificial Intelligence (AI) is not some futuristic technology—it exists in everyday products like your Uber app or the Siri voice on your nightstand. Its development is meteoric; foundation models are the latest AI advancement. These models are a type of AI that not only produces a range of products but is also integrated into other AI models. This AI Swiss army knife is proving to be an incredible asset for economic development and national security. But, like other world- altering technology, there is a pernicious side of foundation models. Their flexibility offers adversaries, such as state and non-state actors, the …

Faculty Masthead

Georgia State University Law Review

No abstract provided.

Table Of Contents

Georgia State University Law Review

No abstract provided.

Member Masthead

Georgia State University Law Review

No abstract provided.

Psychological Treatment Behind The Walls:Insights From The Inside, Rogelio Serrano

Psychology Division Scholarship

Repeated eras of mass incarceration, criminalization of marginalized communities, and substance use policies have created a revolving door of justice involved populations. The ever-increasing prison population has repeatedly become the largest contingency of mental health clientele for an overburdened mental health system. Those who work with formerly incarcerated individuals in the community often don’t know the unique set of challenges faced by practitioners within the system. Increased understanding and coordination of care can offer opportunities for sustained recovery and reduced levels of recidivism. In this presentation participants will learn about the unique insights on mental health treatment that can be …

Human Dignity And Prostitution, Clara Kernodle

Harding Undergraduate Research Conference

In the twenty-first century, it is common to see feminists and pro-sex work voices lauding prostitution and other forms of the sex industry as viable expressions of women’s sexual and financial agency. As long as every participating party consents, they argue, sex work is not only tolerable, but admirable and positive – a form of transaction or service deserving license, protection, and respect in the name of individual freedom and female agency. Such voices argue that prostitution can even be dignified, as the sex industry supposedly allows participants full freedom to express their sexuality. In this paper, I offer an …

Retrieving Information: An Analogy, Joshua Levine

Library Staff Online Writings

A major part of being an effective legal information professional is knowing where to look at the beginning of your search. In this profession, you typically have a wide range of information resources at your fingertips. Mastering those resources, and being able to make an educated guess about where something might be found, are vital in this field.

The Choice Of Law For Nazi-Looted Art Restitution: Cassirer V. Thyssen-Bornemisza Collection Foundation, California Assembly Bill 2867, And The Balance Between State, Federal, And Foreign Law, Alexander Stanfield

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Deep Fake Dilemma: The Battle Over Keeping It Real, Tyler Gollin

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Machine Learned Misogyny: Gender Bias In Ai, Niria Rodriguez-Davila

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Training Your Large Language Model How To Speak "Human": A Transformative Public Necessity Or Copyright Infringement?, Isabelle Nasser

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Renaissance Of Inequitable Conduct: Luv N' Care, Ltd. V. Laurain And The Affirmative Egregious Misconduct Exception To But-For Materiality, Katherine Reich

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Criminal Liability For Trafficking In Human Organs And Tissues In Light Of Federal Decree Law No. (25) Of 2023 “A Comparative Study ", Mariam Saeed Abdulla

Thesis/ Dissertation Defenses

This study aims to explore the possibility of compensation for the abuse of the right to divorce and voluntary separation under the current UAE law. The study begins by identifying the cases excluded from the scope of abuse, with the objective of accurately defining the cases that warrant compensation. It examines the potential forms of abuse in the context of divorce and voluntary separation, and addresses the adequacy of current legal standards in assessing appropriate compensations.
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/="/">The study employed an analytical methodology to achieve its objectives, analyzing relevant texts in the Personal Status Law and Civil Transactions Law, …

National Security Law, Barbara Linney, Orga Cadet, Geoffrey Goodale, Jonathan Meyer

The Year in Review

No abstract provided.