Digital Commons Network^™

Panel Discussion 3: Confronting Political And Economic Challenges, Representative Sherry Jones, Connie Steere, Mary Walker

Tennessee Journal of Law and Policy

No abstract provided.

Keynote Address: Revisiting Luzerne County: Promoting Fairness, Transparency, And Accountability In Juvenile Court, Robert Schwartz

Tennessee Journal of Law and Policy

No abstract provided.

Competencies Of Municipalities In The Water Sector, Republic Of Kosovo, Hazir Çadraku

UBT International Conference

This paper deals, based on the current legal framework of the Republic of Kosovo, with the powers, responsibilities, obligations, etc., that Municipalities have for the good administration, management, etc., of water resources within their territory. The territory of the Republic of Kosovo has an area of 10905.25 km2 . It is divided into seven regions and there are currently 38 administrative units called Municipalities. Until 1999 there were 22 municipalities, after 1999 until 2010 there were 30 administrative units-municipalities and from 2008, the Republic of Kosovo has 38 municipalities. The water resources in the territories of the communes are: the …

Ai Regulation In A Chatgpt Era: Cross-Border Cooperation And Hope In A Sudden Storm, Heidi L. Frostestad

College of Law Faculty Publications

This article addresses the complex and burgeoning issue of worldwide and national AI regulation in a legal context, with insights from international business law. The present regulatory efforts throughout the globe are a messy tapestry of initiatives with varying approaches that do not coalesce for cross-border multinational corporate entities (MNE). Most AI technologies are developed by multinational enterprises that need a more uniform international regulatory environment and structure for “responsible AI” enforcement. The human rights models of corporate social responsibility and human rights mechanisms that regulate the protection of fundamental rights and “responsible AI” to prevent harms in the context …

Trouble Bruen For Assault Weapon Bans: A Feature-Based Analysis Of The Second Amendment, Samuel R. Vasilopulos

Northern Illinois University Law Review

“Assault weapons” and “large-capacity magazines” have been the target of recent legislation, such as the Protect Illinois Communities Act. Weapons bans of this nature have traditionally been upheld by the lower courts; however, the U.S. Supreme Court has refined the test for constitutionality under the Second Amendment in New York State Rifle & Pistol Association, Inc. v. Bruen (2022). Bruen has laid out a two-step test in which the first step asks whether the conduct, namely the possession of a specifically banned arm, is within the scope of the plain text of the Second Amendment. To determine whether an arm …

Git Gud: The Case For Virtual Prison Games In The Fourth Industrial Revolution, Colleen M. O'Toole, Calvin V. Nguyen

Northern Illinois University Law Review

This Article aims to reframe the debate over how best to address the enormous financial and social costs of a criminal justice system which relies on traditional, brick-and-mortar prisons to control criminal behavior. Addressing the question of responsibility, it evaluates the role that judges and prosecutors play in perpetuating a persistent cycle of crime, arrest, and incarceration in a brick-and-mortar prison system, what this Article calls “Shawshank” prisons. Two forces which have shaped the criminal justice system are singled out for special attention: the bail system and the role of race in American politics.

After comparing the cost of the …

An Indecent Proposal? A Remedy For Those Damaged By Judicial Malpractice, Michael G. Cortina

Northern Illinois University Law Review

Judicial immunity in the United States primarily exists so that jurists can exercise their duties to the best of their abilities without the fear that they may be subjected to liability should they commit an error in judgment. While such immunity certainly has a proper and noble purpose, the unintended consequence of it is sometimes that those harmed by improper judicial rulings have no civil remedy despite being harmed by a judge’s malpractice. At the end of this paper, the author suggests a possible remedy for those harmed by a judge’s errant decision if that ruling cannot be cured on …

Illinois’S Home District Illusion, Joe Lehman

Northern Illinois University Law Review

The current constitution of the State of Illinois creates a single appellate court. This structure lends itself to the conclusion that the decisions of one district of the appellate court bind all lower courts equally. While this is often the case, a judicially created exception exists when a conflict arises between different districts. When such a conflict arises, circuit courts must adhere to the decision (if one exists) from their “home district” (i.e., the district in which the circuit court sits). This Note argues that this rule is incompatible with the Illinois Constitution. Section I introduces the home district illusion …

Fira: Deciphering The Constitutionality Of Illinois’S Approach To Gun Industry Accountability, Hashem El-Sharif

Northern Illinois University Law Review

After a deep sense of discontent with the barrage of lawsuits lobbed at the firearms industry for the criminal misuse of its products, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005. Since its passage, the PLCAA has served as a highly effective shield, generally protecting the gun industry from civil liability for the unlawful misuse of its firearms. The PLCAA, however, does outline some exceptions allowing certain gun manufacturers in certain situations to be sued. In 2023, Illinois Governor JB Pritzker signed the Firearm Industry Responsibility Act (FIRA) into law. FIRA seeks to hold the …

The Lawyer: Fall 2024, Seattle University School Of Law

Lawyer

No abstract provided.

The Balancing Act Of Justice: Juggling Affects In The Pursuit Of Fairness, Andrea Allen

Arts & Sciences Graduate Student Theses and Dissertations

In my dissertation, I aim to examine the different identifications and affects that occur in the pursuit of justice as explored in early modern texts. I explore the relationship, and differences, between pity, compassion, and mercy in various early modern texts such as Chapman, Marston, and Jonson’s Eastward Hoe; Shakespeare’s King Lear and Measure for Measure; Spenser’s Faerie Queene; and Middleton’s The Old Law. I look at the role that the imagination plays in allowing people to identify with the pain and perspectives of others, especially as it enhances or limits one's ability to sympathize with victims and offenders. More …

Does Black-Letter Law Matter In Labor Rights Protection In China? - A Tale Of Two Cities, Peter Chi Hin Chan

Washington International Law Journal

This article discusses the role of black-letter law in labor protection in China in cases where employers dismiss employees on the grounds of serious breaches of internal regulations. This article presents an empirical analysis of the judicial practice of two of China’s economically developed cities, Suzhou and Wuxi. Suzhou employers have to give employees the opportunity to be heard prior to dismissal, while Wuxi does not provide that opportunity. First, this article introduces the Chinese labor legislation system, the dismissal system, and the two cities’ local labor regulations. Second, the article will analyze and discuss 140 cases from Suzhou and …

Creation Of Eco-Terrorism: A History Of Actions By The Earth Frist!, Earth Liberation And Animal Liberation Front From The 1980s-2000s, Zachary Smith, Zachary C. Smith

History Theses

From the nineteen eighties to the early two thousands, the United States saw a raise in awareness and activity from ecological activist groups. The United States government labeled ecological activist groups as the one domestic terrorist group that was the largest threat to the safety and well-being of the American public. Given the current environmental crisis facing the world, there should be encouragement and rise of green activism not an active dismissal. How did these activists become the number one on the United States government list? The groups that are primarily responsible for this claim are Earth First!, Earth Liberation …

The Materiality Of Esg Information: Why It May Matter, Joan Macleod Heminway

Scholarly Works

No abstract provided.

Making Sense Of The Arab State, Steven Heydemann, Marc Lynch

Middle East Studies: Faculty Books

Book abstract:

No region in the world has been more hostile to democracy, more dominated by military and security institutions, or weaker on economic development and inclusive governance than the Middle East. Why have Arab states been so oppressively strong in some areas but so devastatingly weak in others? How do those patterns affect politics, economics, and society across the region? The state stands at the center of the analysis of politics in the Middle East, but has rarely been the primary focus of systematic theoretical analysis. Making Sense of the Arab State brings together top scholars from diverse theoretical …

زواج القاصر في المحاكم الشرعية السنيّة في لبنان, Bilal Hammoud

Al Jinan الجنان

This research deals with the consolidation of the role of the Sunni Sharia courts in Lebanon in matters of marriage as a contract and proof, originally extensive on the issue of the marriage of minors, with a statement of its ruling, mentioning the controls and guarantees of this practically, in whole and in detail.

Hence, the required conditions are lawfully and legally met and their existence is established after a series of required procedures in accordance with the principles .

The same applies to making sure that they are prepared psychologically, physically, and physiologically. In addition, all of this was …

Esg Factors In Municipal Securities Disclosures: Toward A Materiality Concept, Justin Marlowe

Northern Illinois University Law Review

State and local governments in the United States finance most of their infrastructure investment with debt instruments known as municipal bonds. The federal government does not directly regulate when or how municipal issuers access the municipal bond market, and only indirectly regulates the content of municipal borrowers’ disclosure to investors. A consequence of that unique regulatory structure is that municipal borrowers have wide discretion on whether to disclose falling property values, rising crime rates, and other long-term threats to their ability to repay investors. This is at odds with the ever-expanding information needs of investors who seek to align their …

The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong

Student Research

In 2020, almost one in five Nevadans was over the age of 65.[1] However, within this age group, women outnumber men due to longer life expectancies[2] and migration patterns. Women over 65 years of age make up an estimated 18.1% of the female population in Nevada.[3] Of the male population in Nevada, 15.1% are over 65 years of age.[4] Older women are less likely to be married, are less likely to have completed a bachelor’s degree, are more likely to drop out of the labor force, and are more likely to be living in poverty in …

Spirituality And The Development Of An Organizational Compliance And Ethics Program, Michael A. Meyer

Journal of Religion and Business Ethics

Major corporate scandals and heightened government enforcement of ethical lapses in the workplace continue to emphasize the importance of an effective compliance and ethics program. Compliance and ethics programs effectively became mandatory when the United States Federal Sentencing Commission amended the Federal Sentencing Guidelines for Organizations in 2004 to recognize the existence of an effective compliance and ethics program as a mitigating consideration in the sentencing of organizations convicted of criminal conduct. While legalistic codes, policies, and procedures have become the normative response to the Sentencing Guidelines, soul-less documents in and of themselves will not develop the “thoughtful behavior” upon …

Strengthening The Illinois Freedom Of Information Act: Affording The Administrative Enforcement Necessary For Government Transparency And Accountability, Joshua Jenkins

Northern Illinois Law Review Supplement

The Illinois Freedom of Information Act was amended in 2009 to avail a greater level of government transparency. The amendments to the Act have given Illinois some of the transparency the Legislature sought to provide, however, there are some issues with the administrative remedy which have prevented full openness of government information as envisioned. The administrative remedies created to provide oversight of government compliance with the Act have not fully fulfilled their role and reform is needed. This article analyzes the circumstances surrounding the application of the Act as it relates to the public’s interaction with law enforcement. Specifically, this …

Settler Colonialism And Ecosystem Change: How Ideology Has Shaped Minnesota’S Environments, Sarah E. Hobby

History Honors Projects

The formation of a uniquely American land ethic—defined by European political history and Christian biblical doctrine and forged through systems of dispossession—is central to the creation of environments within the United States today. Using Minnesota as a microcosm to understand how settler colonial interactions played out all across the United States, this paper analyzes connections between violent dispossession of Indigenous people and the degradation of environments. By understanding how Ojibwe and Dakota people think about and have shaped Minnesotan lands throughout their history and comparing Indigenous land-ethics to the Euro-American-settler land ethic, this paper evaluates the role that ideology and …

Anti-Lgbt Legislation In Florida: A Prime Example Of States Mentally Harming Lgbt Youth, Kyla Tinsley

Northern Illinois University Law Review

While there has been a growing societal acceptance of LGBT individuals throughout the decades, anti-LGBT bills and laws within the states are on the rise—in particular, bills against LGBT youth. The most famous anti-LGBT law currently in place is Florida’s “Parental Rights in Education” law. The prevalence and inconsistent application of such legislation raises constitutional questions surrounding the rights of LGBT youth, as well as the negative effects the legislation has had on LGBT youth’s mental health and their perception of the legal system they are supposed to trust in and rely on. This Article discusses the impact state anti-LGBT …

Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …

The American West And Nozick’S Theory Of Entitlements, Kaitlyn E. Price

The Purdue Historian

Customary law emphasizing the protection of private property rights rather than the authoritative assertion of the law characterized expansion into the American West from 1848-1895. The subsequent legal systems developed in a minarchistic manner that aligned with Robert Nozick’s “theory of entitlements,” leading to the adoption of a “night-watchman state.” This theory asserts that a society built upon customary law that focuses on the protection of individual rights will undoubtedly develop a protective body to safeguard these rights in pursuit of the third principle, the “rectification of justice.” Thus, the chaotic and often disorganized way the West’s extralegal and formal …

The Dueling First Amendment Clauses: Are They In Tension, Or Do They Work Together?, James Black

Helm's School of Government Conference - 2021-2024

The Establishment and Free exercise clauses of the First Amendment respectively state that Congress does not have the ability to pass a law that would either establish a national religion or prohibit the free exercise of any religion. While some legal scholars have given a more secular interpretation of the Establishment Clause, suggesting that there is no place for Christianity or any other religion in the public square or to influence American government, this is in conflict with interpretation by a substantial number of legal experts and constitutional scholars living both in and before the modern era, some of whom …

Elaborating A Human Rights Friendly Copyright Framework For Generative Ai, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This paper analyses the copyright issues related to so-called “generative AI” systems and reviews the arguments currently advanced to change the copyright regime for AI-generated works from a human rights perspective. It argues that because of the applicable human rights framework for copyright but also the anthropocentric approach of human rights the protection of creators and human creativity must be considered the point of reference when assessing future reforms with regard to copyright and generative AI systems. Consequently, the copyrightability of AI-generated outputs should be considered with utmost care and only when AI is used as a technical tool for …

The Lawyer: Spring 2024, Seattle University School Of Law

Lawyer

No abstract provided.

Law’S Impact On Collaboration: A Three-Case Study Of Federal Advisory Committees Managed By The U. S. Coast Guard, Brian K. Mcnamara

School of Public Service Theses & Dissertations

Much remains to be learned about law’s impact on collaboration. Although law is one of the foundational disciplines of public administration, scholars assert that the field focuses on management principles to the detriment of law. Whether this assertion is correct as a general matter for the field, collaboration scholarship lacks empirical examination of the law’s role in collaboration processes.

This three-case study of federal advisory committees managed by the U.S. Coast Guard examines law’s impact on collaboration through the lens of Thomson and Perry’s (2006) Process Model. A qualitative method is used to capture participants’ perceptions of law and their …

Building A Cleaner, More Resilient Energy System In Cuba: Opportunities And Challenges, Korey Silverman-Roati, Daniel Whittle, Romany M. Webb, Jeffrey P. Fralick, Lila Harmar

Sabin Center for Climate Change Law

Cuba’s energy sector is at a crossroads. The country’s mostly fossil fuel-fired energy system faces a number of longstanding and serious challenges, including breakdowns at aging power plants, decreasing fuel imports and fuel shortages, and the growing threat of climate change-related disruptions. In recent years, Cuba has seen frequent electric blackouts and brownouts that have affected residents, businesses, and government institutions island wide.

Compounding these problems, Cuba is facing a severe economic crisis. In 2022, year-on-year inflation was 39% (down from 77% in 2021). While inflation is estimated to have dropped to 30% in 2023, the price of food increased …

The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs

Senior Theses

Since 2022, at least 21 states have considered, filed, or passed legislation with the goal of banning or limiting drag performances in public spaces or in the presence of minors. These pieces of legislation seek to suppress drag performances on the grounds that they appeal to sexual interests, and they even go as far as to claim that drag performers aim to groom and assault children at their performances. These claims are baseless and vastly misrepresent the true breadth of drag as a performance art and the positive messages it promotes, as well as suggest that bias against the LGBTQ+ …