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2024 Hon. James R. Browning Symposium Keynote Address: Martin, Grants Pass, And Houselessness As A Class, Howard Belodoff Jul 2025

2024 Hon. James R. Browning Symposium Keynote Address: Martin, Grants Pass, And Houselessness As A Class, Howard Belodoff

Montana Law Review

No abstract provided.


A Wolf In Sheep’S Clothing: Justifying Gentrification In The Name Of Affordability, James H. Goetz Jul 2025

A Wolf In Sheep’S Clothing: Justifying Gentrification In The Name Of Affordability, James H. Goetz

Montana Law Review

No abstract provided.


The Unclear Landscape Of Prescriptive Easements In Montana, Natalie Sirmon Jul 2025

The Unclear Landscape Of Prescriptive Easements In Montana, Natalie Sirmon

Montana Law Review

No abstract provided.


Groo V. Montana Eleventh Judicial District Court: Montana’S Long-Arm Overreaches Into Cyberspace, Matthew Belle Jul 2025

Groo V. Montana Eleventh Judicial District Court: Montana’S Long-Arm Overreaches Into Cyberspace, Matthew Belle

Montana Law Review

No abstract provided.


Significant Montana Cases, Will Dreesen, John Moorhead Jul 2025

Significant Montana Cases, Will Dreesen, John Moorhead

Montana Law Review

No abstract provided.


Front Matter, Editors Of Comparative Labor Law & Policy Journal Jul 2025

Front Matter, Editors Of Comparative Labor Law & Policy Journal

Comparative Labor Law & Policy Journal

Volume 45, Number 2


Preface, Valerio De Stefano, Sara Slinn Jul 2025

Preface, Valerio De Stefano, Sara Slinn

Comparative Labor Law & Policy Journal

The articles in this issue address questions of deep relevance to contemporary labour law and policy. They reflect a high standard of research and offer rich comparative and theoretical insights that we are confident will be of value to our readership. We are grateful to the guest editors for their stewardship and to the authors for their contributions, and we are pleased to help ensure that this important work reaches the public domain.


The Enduring Relevance Of The Right To Strike: Arguments For Further Legal Protection And Regulatory Reform, Tonia Novitz, Katherine Fitzpatrick, Jeffrey Vogt Jul 2025

The Enduring Relevance Of The Right To Strike: Arguments For Further Legal Protection And Regulatory Reform, Tonia Novitz, Katherine Fitzpatrick, Jeffrey Vogt

Comparative Labor Law & Policy Journal

In this thematic issue, the contributors demonstrate the past and contemporary relevance of a right to strike. Some authors do so with reference to the long-standing role that such an entitlement plays in protecting dignity, democracy, and other vital public interests. Attention is also paid to emerging contemporary issues, whereby the right to strike offers important leverage that would otherwise be absent, for example countering abusive treatment of those at work in global supply chain practices and the environmental degradation of the planet. They all conclude that, while it is possible to utilise existing legal protections of a right to …


Strikes And The Struggle For Democracy, Angela B. Cornell, Ruth Dukes Jul 2025

Strikes And The Struggle For Democracy, Angela B. Cornell, Ruth Dukes

Comparative Labor Law & Policy Journal

The right to strike is fundamental to the development and maintenance of democratic forms of government. In struggles to construct and defend democratic regimes, strikes, including general strikes, are often an important weapon. In established democracies, the right to strike can aid the spread of democratic decision-making in workplaces and the wider economy, serving indirectly to strengthen participation and confidence in political processes and institutions. And it can underpin systems of collective bargaining that function to narrow income and wealth inequalities, in a manner that is conducive, if not necessary, to the maintenance of democratic government. Wherever the right to …


Dignity And The Right To Strike, Sergio Gamonal C Jul 2025

Dignity And The Right To Strike, Sergio Gamonal C

Comparative Labor Law & Policy Journal

“Dignity” expresses the idea that a human being should never be treated as a means but always as an end. “Dignity” also encompasses a communitarian and relational approach, such as belonging, collective action and “dignity in action”. When we recognize and seek to remedy indignities, we also confer a certain dignity on ourselves. How can these notions be linked to the right to strike? I shall argue that the right to strike underpins the dignity of workers and that this connection is implicit in Advisory Opinion OC-27/21 of the Inter-American Court of Human Rights. In national and international courts, such …


Balancing The Right To Strike And Other Public Interests: The Importance Of The Status Of The Right To Strike, Petra Herzfeld Olsson, Shae Mccrystal Jul 2025

Balancing The Right To Strike And Other Public Interests: The Importance Of The Status Of The Right To Strike, Petra Herzfeld Olsson, Shae Mccrystal

Comparative Labor Law & Policy Journal

The regulation of strike action involves the balancing of competing public interests – the benefits derived from collective bargaining and the right to strike and others including public safety, health, welfare, and industrial peace. We explore how this balancing act plays out in the legal systems of two national jurisdictions, Australia and Sweden, and through the ILO principles on freedom of association as developed by the ILO’s supervisory bodies. We seek to understand how different regulatory approaches to these competing public interests produces different outcomes and the potential consequences where protecting other public interests is prioritised over the right to …


Labour Against The Law? Contesting The Restrictive Norms Of Industrial Legality Through Unlawful Strikes, Eric Tucker Jul 2025

Labour Against The Law? Contesting The Restrictive Norms Of Industrial Legality Through Unlawful Strikes, Eric Tucker

Comparative Labor Law & Policy Journal

North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively, and strike. However, they also limit the freedom to strike. Trade unions commonly accept and enforce these limits but at great cost to solidarity and militancy. This article examines the many ways law works against labour by restricting the freedom to strike and explores the practice of unlawful strikes in North America, including recent examples that resulted in successful outcomes. It concludes with reflections on the revival of unlawful strikes as a tactic for rebuilding and remobilizing the North American labour movement. While the article’s …


Strike Law And Workers’ Power Resources In Global Supply Chains And Platform Giants, Judy Fudge, Hila Shamir Jul 2025

Strike Law And Workers’ Power Resources In Global Supply Chains And Platform Giants, Judy Fudge, Hila Shamir

Comparative Labor Law & Policy Journal

The right to strike is a key feature of freedom of association and effective collective bargaining. We consider how the legal regulation of strikes and boycotts affects the power resources available to workers and unions to improve working conditions and workers’ voice in firms, such as global supply chains and platform giants, that utilize network-of-contracts business models. We begin by bringing the literatures on power resources theory and supply chain and platform capitalism into conversation. Treating law as a form of institutional power influencing workers’ ability to exercise other power resources in network-of-contracts business models, we then examine how the …


Rhetoric And Reality: The P&O Ferries Scandal And The Right To Strike, Alan Bogg Jul 2025

Rhetoric And Reality: The P&O Ferries Scandal And The Right To Strike, Alan Bogg

Comparative Labor Law & Policy Journal

This article considers the freedom of association implications of the mass dismissals at P&O Ferries in 2022, in light of the Committee on Freedom of Association’s recent consideration of a complaint by affected trade unions. It identifies an important strategic shift in British trade unions’ engagement with legal enforcement. This involves an attenuation of the strong historical attachment to “voluntarism” in British industrial relations. It then considers some legal implications of the P&O Ferries scandal under the European Convention on Human Rights. It concludes by identifying a phenomenon of “state-managed deregulation” in the maritime sector, whereby company de-collectivization is facilitated …


Turning Up The Heat: The Right To Strike And The Climate Crisis, Jeffrey Vogt, Ruwan Subasinghe Jul 2025

Turning Up The Heat: The Right To Strike And The Climate Crisis, Jeffrey Vogt, Ruwan Subasinghe

Comparative Labor Law & Policy Journal

The negative impacts of climate change on the world of work around the world are serious and certain to worsen. Further, the actions needed to mitigate and adapt to these impacts will be deeply disruptive. In 2015, the tripartite constituents of the International Labour Organisation (ILO) unanimously endorsed the ILO Guidelines for a just transition towards environmentally sustainable economies and societies (reaffirmed in 2023), which includes among its guiding principles the right to freedom of association and, by extension, the right to strike — an intrinsic corollary. This article explores potential bases for a right to strike in the context …


The Last Human Job: The Work Of Connecting In A Disconnected World By Allison J. Pugh, Princeton University Press, 2024, Karen Levy Jul 2025

The Last Human Job: The Work Of Connecting In A Disconnected World By Allison J. Pugh, Princeton University Press, 2024, Karen Levy

Comparative Labor Law & Policy Journal

“I FEEL SO SEEN!” has become a Gen-Z catchphrase for the sense of personal validation when something you experience resonates with your own way of being in the world — say, when you learn that a lyric you’ve always misheard is also misunderstood by someone else, or that a guilty pleasure in which you indulge isn’t unique to you. These days, the phrase is often thrown around light-heartedly online in response to memes or TikTok videos. But the experience of really “being seen” is far from trivial; it’s a form of recognition essential to human functioning and community. Seeing another …


The Proactive Approach Of Artificial Intelligence In Monitoring And Analyzing Illegal Money Laundering Operations In The Virtual World, Ammar Yasser El-Bably Jul 2025

The Proactive Approach Of Artificial Intelligence In Monitoring And Analyzing Illegal Money Laundering Operations In The Virtual World, Ammar Yasser El-Bably

Journal of Police and Legal Sciences

The research dealt with the proactive method of artificial intelligence in monitoring and analyzing non-suspicious operations of money laundering in the virtual world, especially the Internet and dark web, where it dealt with the risks created for those networks and their exploitation for the benefit of terrorist and criminal organizations, money laundering, the purchase of weapons and drugs, human trafficking and financial fraud, where Internet users around the world reached 5 billion users, and the volume of money laundering crimes became 2.8 Trillion dollars, according to United Nations and International Monetary Fund statistics 2023 AI applications where algorithms, machine learning, …


Bihar Sir Threatens The Credibility Of Elections, Swati Narayan Jul 2025

Bihar Sir Threatens The Credibility Of Elections, Swati Narayan

Popular Media

Any arbitrary disenfranchisement of voters in the upcoming Bihar Assembly Elections will cast a shadow over the sanctity of elections in India.


Strategic Development Plan – San Pedro Dr. Main Street Corridor, Adrian N. Carver Jul 2025

Strategic Development Plan – San Pedro Dr. Main Street Corridor, Adrian N. Carver

Student Publications

The San Pedro MainStreet Strategic Development Plan is a place-based, community-driven roadmap for revitalizing the San Pedro Drive corridor in Albuquerque, New Mexico. The corridor sits at the intersection of historical significance and present-day opportunity—bridging the old and new alignments of Route 66 while serving a diverse, working-class population. Drawing from urban planning theory, spatial analysis, and community input, this plan identifies challenges and assets related to land use, infrastructure, business development, housing, and cultural identity. Special attention is given to past and ongoing patterns of racialized disinvestment and displacement, with strategies proposed to ensure equitable reinvestment and climate resilience. …


Legislative And Security Confrontation Of Crimes Artificial Intelligence In The State Of Kuwait (An Analytical Study), Rashid Mohammed Al Marri Jul 2025

Legislative And Security Confrontation Of Crimes Artificial Intelligence In The State Of Kuwait (An Analytical Study), Rashid Mohammed Al Marri

Journal of Police and Legal Sciences

The study aimed to demonstrate the mechanisms of legislative and security confrontation of artificial intelligence crimes. The use of technologies associated with artificial intelligence may go beyond the imposed limits, whether by exploiting it through its program developers & specialists to commit crimes in the cyber field, or it may be with the growing capabilities of artificial intelligence to make decisions in the field. Many behaviors occur automatically. Our research also aims to study the criminal responsibility for these crimes, & determine it in order to hold the real perpetrator accountable in accordance with the legal rules in force to …


The Role Of The Saudi Family As One Of The Social Control Institutions In Reducing Crime From The Point Of View Of Workers In Police Departments In The Capital, Riyadh, Jafar Mohammed Shaflout Jul 2025

The Role Of The Saudi Family As One Of The Social Control Institutions In Reducing Crime From The Point Of View Of Workers In Police Departments In The Capital, Riyadh, Jafar Mohammed Shaflout

Journal of Police and Legal Sciences

The study aimed to identify the role of the Saudi family in reducing crime from the point of view of workers in police departments in the capital, Riyadh. The descriptive analytical approach was used for its suitability to the purposes of the study. The research sample consisted of (352) individuals working in community police, who were selected by simple random method with percent of (0.00071) from the study community, which consists of (500) thousand individuals working in Saudi Public Security. The research relied on the questionnaire as a tool for collecting data, the validity and reliability of which were verified. …


International Protection Of Cultural Heritage In Times Of War And Peace, Khaled Abdulsalam Jul 2025

International Protection Of Cultural Heritage In Times Of War And Peace, Khaled Abdulsalam

Al Jinan الجنان

cultural heritage is the link between people’s present and their past; therefore, most countries are keen to preserve this link. However,the perception of cultural heritage varies according to the peoples’ awareness of the importance of their heritage on the one hand, and the extent to which countries provide care and protection factors for their cultural heritage on the other. Movable and immovable cultural heritage in time of war benefits from the protection prescribed for civilian objects; hence, it must not be struck or attacked by warring states, in accordance with international humanitarian law applicable in times of armed conflict. During …


Immigration Justice Clinic Students Secure Major Court Victory In Ice Transparency Case, Kathryn O. Greenberg Immigration Justice Clinic Jul 2025

Immigration Justice Clinic Students Secure Major Court Victory In Ice Transparency Case, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo Law News Archive

Students in the Kathryn O. Greenberg Immigration Justice Clinic secured a major legal victory in federal court, advancing transparency around the treatment of Black immigrants in detention. In a Freedom of Information Act (FOIA) case filed in the Eastern District of New York, the court granted the clinic’s motion for partial summary judgment, compelling ICE to release key demographic data linked to records of abuse and misconduct. The successful motion was drafted by recent graduates Rob Cook ’25, Keisy Germosen ’25, and Stacy Moses ’25, under the supervision of Teaching Fellow Ellie Norton, marking an important step in government accountability.


Bellsouth Telecomms., Llc, V. Assoc. Elec. & Gas Ins. Svcs., Order On Commerce Cause Motions, Kathy Lee Ellerbee Jul 2025

Bellsouth Telecomms., Llc, V. Assoc. Elec. & Gas Ins. Svcs., Order On Commerce Cause Motions, Kathy Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


Season 2 Episode 3: The Sleeping Dragon, Sara Gras Jul 2025

Season 2 Episode 3: The Sleeping Dragon, Sara Gras

Season 02

Season 2 is back after a short hiatus, and taking you back to a time when Congress banned sports betting. What drove this legislation and how was it overturned?


Features excerpts of interviews with:

Bob Boland, Assistant Professor of Law
Seton Hall Law School

Dennis Drazin, Partner
Drazin & Warshaw, PC

Edward Hartnett, Richard J. Hughes Professor of Law
Seton Hall Law School

Ronald Riccio, Dean Emeritus
Seton Hall Law School
Of Counsel at McElroy Deutsch


Legal Materials Referenced:


The Logic Of The Revenge Tax, Wei Cui Jul 2025

The Logic Of The Revenge Tax, Wei Cui

All Faculty Publications

Wei Cui is a professor in the Peter A. Allard School of Law at the University of British Columbia. In this article, Cui argues that the One Big Beautiful Bill Act’s formerly proposed section 899, targeting “unfair” foreign taxes, was more sensible than many observers initially perceived, and that, if seen as a restrained deployment of U.S. market power, it represented a defensible and ultimately acceptable approach for addressing the undertaxed profits rule and digital services taxes.


Short-Run Fiscal Effects Of Expanding Michigan's Preschool Program To Be Universal, Timothy J. Bartik Jul 2025

Short-Run Fiscal Effects Of Expanding Michigan's Preschool Program To Be Universal, Timothy J. Bartik

Upjohn Institute Policy Papers

This policy paper provides some updated estimates of the short-run fiscal effects of expanding Michigan’s state-funded preschool program, the Great Start Readiness Program (GSRP), to encompass universal access for Michigan’s four-year-olds. This is an update to Policy Paper No. 2025-034, which analyzed the economic and fiscal effects of Michigan’s current GSRP program as compared to the state having no program. The update takes advantage of a high-quality recent study of the economic effects of universal preschool programs in nine states, authored by Jackson, Turner, and Bastian (2025). Using the estimated economic effects of universal preschool from this recent study, …


Law School News: Rwu Law Launches "Law 401" Podcast With Timely Dive Into Washington Bridge Debacle 07-07-2025, Kerri Tallman Jul 2025

Law School News: Rwu Law Launches "Law 401" Podcast With Timely Dive Into Washington Bridge Debacle 07-07-2025, Kerri Tallman

Life of the Law School (1993- )

No abstract provided.


From The Silver Screen To The Phone Screen: The Coogan Act’S Struggle To Keep Pace With The Evolution Of Social Media, Anzario Bernard Serrant Jul 2025

From The Silver Screen To The Phone Screen: The Coogan Act’S Struggle To Keep Pace With The Evolution Of Social Media, Anzario Bernard Serrant

Minnesota Journal of Law, Science & Technology

No abstract provided.


The Role Of Law In The Making—And Unmaking—Of Housing Policy, Addie Slanger Jul 2025

The Role Of Law In The Making—And Unmaking—Of Housing Policy, Addie Slanger

Montana Law Review

No abstract provided.