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Articles 421 - 450 of 5285
Full-Text Articles in Entire DC Network
Brief For Lorianne Updike Toler As Amicus Curiae Supporting Neither Party, Gorge Design Group, Llc V. Xuansheng, Lorianne Updike Toler, Lawrence A. Stein
Brief For Lorianne Updike Toler As Amicus Curiae Supporting Neither Party, Gorge Design Group, Llc V. Xuansheng, Lorianne Updike Toler, Lawrence A. Stein
College of Law Faculty Publications
The Patent and Copyright Clause in the Constitution was designed to stimulate the economy by promoting “the Progress of Science and useful Arts,” and was also limited to that purpose. Insofar as the economy was not stimulated and promoted in the United States, the Clause had a limit. Thus the Patent and Copyright Clause was not thought to be absolute by its Framers, and was bounded geographically, temporally, and to those inventions that were useful. Under the Fifth Amendment, both the Takings and Due Process Clauses protecting property derived from the Magna Carta of 1215. Since this time, the Takings …
Governmental Inadequacies Concerning Missing And Murdered Native American Women In The United States, Peyton Cross
Governmental Inadequacies Concerning Missing And Murdered Native American Women In The United States, Peyton Cross
Lincoln Memorial University Law Review Archive
The United State's legal system has failed Native American women for centuries. Without change, they will continue to be failed by the country's legal system until there are hardly any Native American women left for it to fail. The federal government must provide tribal law enforcement with the necessary tools and ability to properly police their reservations in order to help the women suffering from the government's historically ingrained racism. Patty A. Ferguson-Bohnee, faculty director of the Indian Legal Program and director of the Indian Legal Clinic at the Sandra Day O'Connor College of Law, and Lauren van Schilfgaarde, the …
Forming A "Brain Print:" Using Cognitive Neuroscience And Brain Imaging As An Objective Measure Of Criminal Insanity, Christos D. Strubakos
Forming A "Brain Print:" Using Cognitive Neuroscience And Brain Imaging As An Objective Measure Of Criminal Insanity, Christos D. Strubakos
Lincoln Memorial University Law Review Archive
Fiction popularized the concept of criminal insanity. Yet, despite its popularity in the virtual world, it is rarely used in real life. The chief reason for this is that mental disorders that may inhibit a defendant's ability to form reasonable cognitive representations of reality often do not impact his ability to form a key element of a crime: the requisite mental state. Thus, the legal definition of criminal insanity refers to a mental defect that affects a defendant's ability to appreciate her actions at the time of the crime or to understand her actions are wrong. Further complicating matters is …
His Race And My Race: Fluidity And Expansion Of "Race" In A Post-Colonial Society Versus Modern-Day America, Talton (Trey) B. Dunn Iii
His Race And My Race: Fluidity And Expansion Of "Race" In A Post-Colonial Society Versus Modern-Day America, Talton (Trey) B. Dunn Iii
Lincoln Memorial University Law Review Archive
No abstract provided.
A Hierarchy Of Sovereigns Through The Limitation Of Tribal Criminal Jurisdiction, Walter W. Harding Jr.
A Hierarchy Of Sovereigns Through The Limitation Of Tribal Criminal Jurisdiction, Walter W. Harding Jr.
Lincoln Memorial University Law Review Archive
Tribal criminal jurisdiction has been limited by the enactment of the Indian Bill of Rights and acts that give states criminal jurisdiction over tribal lands instead of allowing tribal nations to self-govern criminal acts that occur on their lands. Additionally, Congress has used its plenary power to erode the tribal criminal jurisdiction. The United States Constitution recognizes three sovereigns: States, Foreign Nations, and Tribal Nations. This erosion, along with United States Supreme Court decisions, created a hierarchical class of sovereignty in the sovereigns recognized by the United States Constitution, with tribal nations occupying the lowest position on this hierarchy. In …
Commodifying Captivity: What Society Loses When Private Companies Do The Government's Bidding, Brianna Weiner
Commodifying Captivity: What Society Loses When Private Companies Do The Government's Bidding, Brianna Weiner
Lincoln Memorial University Law Review Archive
This paper discusses the societal impact of permitting private, for-profit entities to take on the government’s function of imposing and regulating punishment. Traditionally, the People choose local and government actors to punish others. The imposition of punishment by private, for-profit companies destroys the established pattern of community involvement and control. Communities have no control over which private companies are used, have little ability to oversee company functions, and have no voice in the process of holding private companies accountable. Additionally, when punishment is privatized, the offender does not feel the community’s condemnation. Instead of society benefiting from the swift hand …
Man Vs. Machine: Facial Recognition Technology Replacing Eyewitness Identifications, Stefanie M. Bowen
Man Vs. Machine: Facial Recognition Technology Replacing Eyewitness Identifications, Stefanie M. Bowen
Lincoln Memorial University Law Review Archive
No abstract provided.
Politik Hukum Dalam Penegakan Hukum Di Indonesia, Anita Anita
Politik Hukum Dalam Penegakan Hukum Di Indonesia, Anita Anita
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Law is a guide and rules related to the concept of social life and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that the law is always faced with the question of whether the law can bring about justice. In relation to the legal concept, legal politics is defined as an activity that determines the patterns and methods of shaping law, supervises the operation of the law, and reforms the law for the purposes of the State. Therefore, law is a determinant of politics, and is also …
An Exigency For Consumer Protection Against Counterfeit Product Marketing On The Internet: A Legislative Perspective, Deepti Nahush Khubalkar Dr, Shilpa Santosh Sharma Dr
An Exigency For Consumer Protection Against Counterfeit Product Marketing On The Internet: A Legislative Perspective, Deepti Nahush Khubalkar Dr, Shilpa Santosh Sharma Dr
International Journal on Consumer Law and Practice
The world of the Internet has opened a limitless market for sellers and buyers but at the same time, it has opened a new chapter of infringement and theft of the identity of well-established companies which trade online. Both original and fake companies are attracted by the lucrative market online; this has ultimately resulted in trading in counterfeit products. Digital marketing is more than just thebusiness of disseminating product information for online sales. It involves content building for marketing, designing of the website, information about the product, customer support tools, chat rooms, online payment system etc. Marketing is a commercial …
Age-Old Tools And Techniques To Protect Consumers Need To Be Sharpened In The Light Of Artificial Intelligence, Rajesh Bahuguna Prof, Radhey Shyam Jha Dr
Age-Old Tools And Techniques To Protect Consumers Need To Be Sharpened In The Light Of Artificial Intelligence, Rajesh Bahuguna Prof, Radhey Shyam Jha Dr
International Journal on Consumer Law and Practice
We all are consumers by birth and remain consumers till death, and at the same time, it is also true that a consumer becomes the victim of exploitation in different ways. Adulterations, underweight, duplicate or cloned goods, and misleading and insufficient information are some ways of victimizing consumers. Today, we are standing at a juncture where we have a series of legislative, judicial, and administrative efforts to protect consumers. On the other hand, we have a plethora of incidents of exploitation of consumers. The nature of the legislation available for the protection of consumers is not purely criminal but sometimes …
Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz
Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
When It Comes To Prosecuting Trump, Merrick Garland Needs To Decide Already, Bruce Ledewitz
When It Comes To Prosecuting Trump, Merrick Garland Needs To Decide Already, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Midterms Were Good News For Dems, But Even Better News For The Country, Bruce Ledewitz
The Midterms Were Good News For Dems, But Even Better News For The Country, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The New Rule To Deter Slapps, Robert A. Kudlicki Iii
The New Rule To Deter Slapps, Robert A. Kudlicki Iii
Northern Illinois Law Review Supplement
A Strategic Lawsuit Against Public Participation (SLAPP) serves to intimidate and chill the speech of defendants who are engaged in First Amendment protected forms of speech and press. A SLAPP is not filed with the intention of presenting a legitimate claim against a defendant; rather, it serves only to silence. Defendants face significant litigation costs during a SLAPP; thus, they become fearful of speaking out and criticizing the plaintiff again in the future. While some jurisdictions have protections against SLAPP suits, others have no protection or only limited forms of protection from SLAPP suits. This article proposes creating a new …
"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp
"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp
Notre Dame Law Review
Those who called for the fusion of law and equity have, throughout the years, argued that the existence of a parallel court system for equity would be inefficient and confusing for parties. While there is limited merit to this viewpoint, the United States has been willing to create courts of limited jurisdiction to hear cases of a highly specialized or technical nature in other areas of the law (for example, tax and bankruptcy). This Note argues that the specialized-courts approach is viable as it relates to equity and that it is, in fact, preferable to the current system. This Note …
Contra Naturam, F. H. Buckley
Contra Naturam, F. H. Buckley
Northern Illinois University Law Review
There’s a revival of interest in natural law, but while its adherents claim to hold the philosophic high ground, they’ve failed to recognize the doctrine’s weaknesses. Classical natural law holds that our moral requirements are rooted in the natural world and the instincts and preferences that form human nature. However, this runs afoul of the logical distinction between empirical and normative statements; and while other natural lawyers say they’ve avoided this problem, their “New Natural Law” implausibly asserts that rational self-interest will lead us to the good. It won’t, because rational self-interest can’t explain the duties we owe other people. …
Beyond #Freebritney: A Legal Analysis Of The Conservatorship System In The United States, Ashleigh M. Zurek
Beyond #Freebritney: A Legal Analysis Of The Conservatorship System In The United States, Ashleigh M. Zurek
Northern Illinois University Law Review
In this article the author will explore the state of conservatorships in the United States and how, too often, individuals with disabilities are abused and taken advantage of in this structure. The author will discuss particular areas of conservatorship abuse, including: financial abuse, physical abuse, exploitation, and death. The author will then proceed to discuss potential solutions to curb conservatorship abuse and how best to improve the conservatorship system in the United States. Particular solutions discussed include: special needs trusts, federal legislation (past, current, and future), and supported decision-making.
Police Reform Through Section 1983, Adam J. Smith
Police Reform Through Section 1983, Adam J. Smith
Northern Illinois University Law Review
For decades, members of the Chicago Police Department (CPD) engaged in a protracted campaign of corruption, terror, and violence against Black and brown Chicagoans. Intermittent efforts to reform or otherwise rein in the CPD invariably fell short. In late 2014, a CPD officer murdered a 17-year-old Chicagoan, Laquan McDonald. CPD officials and city leaders attempted to whitewash the killing as a justified use of deadly force, but—thanks to the work of local organizers and a national pressure campaign—McDonald’s death instead led to a yearlong investigation by the federal Department of Justice (DOJ). Ordinarily, such an investigation would have resulted in …
The Erasure Of Sex: The Global Capture Of Policies On Sex By Gender Identity Activists And The Effects On The Rights Of Women And Girls, Feminists From Europe, Asia, North America, Latin America, And Africa
The Erasure Of Sex: The Global Capture Of Policies On Sex By Gender Identity Activists And The Effects On The Rights Of Women And Girls, Feminists From Europe, Asia, North America, Latin America, And Africa
Dignity: A Journal of Analysis of Exploitation and Violence
This article reviews the goals, history, and impact of the new gender identity politics. Based on the Yogyakarta Principles, these new ideas and policies will profoundly affect the rights of women and girls worldwide. The Principles are a document from an international meeting about sexual orientation and gender identity in 2006. In 2017, the document was updated to the Yogyakarta Principles Plus 10. The Principles recommend legal changes by states worldwide, resulting in the erasure of sex as a legal and cultural category. These principles have been widely used to lobby for legal changes resulting in profound structural …
A Law Professors’ Symposium Asks: Should We Control The U.S. Supreme Court?, Bruce Ledewitz
A Law Professors’ Symposium Asks: Should We Control The U.S. Supreme Court?, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Church, Law, And Literature: The Interconnected Social Structures Of Domestic Violence In The Medieval And Early Modern Periods, Sarah E. Fairbanks-Ukropen
Church, Law, And Literature: The Interconnected Social Structures Of Domestic Violence In The Medieval And Early Modern Periods, Sarah E. Fairbanks-Ukropen
History ETDs
Domestic violence in the medieval and early modern periods can be difficult to examine. The people who lived during these periods did not view familial abuse in the ways that we do today; however, this dissertation seeks to explore the topic of domestic violence by examining the religious, legal and cultural backdrop that enabled, and even encouraged abusive marriages and violence within families. Starting with the Patristic fathers, this dissertation traces the attitudes towards sexuality, violence and the sanctity of marriage in the Church and how it responded to accusations of abuse. Similarly, English law from the pre-Conquest up until …
There’S A Secular Need For The High Holy Days. This Is Why, Bruce Ledewitz
There’S A Secular Need For The High Holy Days. This Is Why, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Applying Universal Design In The Legal Academy, Matthew L. Timko
Applying Universal Design In The Legal Academy, Matthew L. Timko
College of Law Faculty Publications
Too often barriers to access in the form of physical, technological, and cognitive environments play a large role in keeping many people out of law school. While federal and state laws address these barriers, universal design provides the clearest policy change for law schools to remedy these issues.
Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee
Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee
Open Educational Resources
From pornography to political speech, from the lewd to the libelous, and everywhere in between, the law is forever drawing lines that divide protected speech (what you can say in America) from unprotected speech (what you cannot say in America). This is an interdisciplinary course that draws on philosophical, legal, and rhetorical theories of communication to help explain how those lines are drawn. Readings include famous court cases involving freedom of speech, as well as political and philosophical writings on all sides of the free speech debate. This course is part of the required core for the Communication Studies Major, …
The Lawyer: Fall 2022, Seattle University School Of Law
Trump Isn’T Going To Jail. And That’S Good News For Democrats, Bruce Ledewitz
Trump Isn’T Going To Jail. And That’S Good News For Democrats, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
The Nation’S Debt Limit Serves No Purpose. It Should Be Eliminated, Bruce Ledewitz
The Nation’S Debt Limit Serves No Purpose. It Should Be Eliminated, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Only You Can Prevent Amendment Abuse, Bruce Ledewitz
Only You Can Prevent Amendment Abuse, Bruce Ledewitz
Newspaper Columns
Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.
Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart
Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart
Environmental and Earth Law Journal (EELJ)
As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …
Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco
Miami Is Setting The Expectation On How Coastal Communities In Florida Should Respond To Protect Homeowners From The Sinking State, Dayana B. Blanco
Environmental and Earth Law Journal (EELJ)
This note begins by explaining what environmental factors are causing the sea level rise to increase at just a rapid pace and how coastal communities are ultimately affected. Because Florida is a slice of paradise within the states, it causes the population to increase vastly. Thus, millions of homeowners could face tragic consequences, such as total inundation of residential homes, flooding within the community, and a drastic decrease in home value. In response to this natural disaster, in 2021, Governor Ron DeSantis passed Senate Bill 1954 into law, which requires the Department of Environmental Protection to complete a statewide flood …