Digital Commons Network^™

Wage Recovery Funds, Elizabeth Ford

Faculty Articles

Wage theft is rampant in the US. It occurs so frequently because employers have much more power than workers. Worse, our main tool for preventing and remedying wage theft – charging government agencies with enforcing the law -- has largely failed to mitigate this power differential. Enforcement agencies, overburdened by the magnitude of the wage theft crisis, often settle cases for nothing more than wages owed. The agency, acting as broker for the payment of the wages owed, voluntarily foregoes both interest and statutory penalties. This is a bad deal for workers, but not just because they do not get …

Session 1: The Death Penalty In The United States, Edith Georgi, Annemarie Harris Block, Hannah Gorman

Intercultural Human Rights Law Review

Session 1 of the 2022 Intercultural Human Rights Law Review Annual Symposium, entitled "The Death Penalty in the United States".

The Armenian Genocide, Customary International Law, And U.S. Recognition, Jordan Koopmans

Intercultural Human Rights Law Review

This article asserts that President Biden's statement recognizing the Armenian Genocide of 1915 illustrates that genocide was prohibited by customary international law when the genocide started. It examines possible legal theories to explain U.S. recognition as well as historical evidence and statements made by other states to establish that there is a strong case for genocide already outlawed by customary international law in 1915. This provides a foundation for the article's assertion and subsequent legal analysis of the United States' statements of recognition under a customary international law theory, concluding that this is the most likely legal theory the U.S. …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

The Global Benefits Of The Law & Economics Framework In Legal Education: Using Class Simulations To Support Law Student Learning (First In Series), Patrick Gaughan

Akron Law Faculty Publications

This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …

Do The Safeguards In The Victorian Assisted-Dying Legislation Adequately Account For The Experiences Of Other Nations?, Heath Harley-Bellemore

Theses

In 2017 the Victorian State Parliament passed the Voluntary Assisted Dying Act 2017, making it the first Australian jurisdiction since 1996 to pass assisted dying legislation. The Victorian model was hailed by the Government of Victoria as the ‘safest and most conservative in the world’, and had the benefit of drawing on over 20 years of voluntary assisted dying experiences of other jurisdictions for its development. This thesis examines the experiences of other jurisdictions and how they informed the development of the Victorian model. It examines available data, reports, and criticisms of international experiences and applies them to the Victorian …

An Empirical Study Of The Effects Of Regulatory Systems On The Collection Of Late Payment Of Commercial Debts Owed To Micro And Small Businesses In The Uk, Ashley Mark Smith

Plymouth Business School Theses

Trust is the foundation of trade credit. Failure to pay on time affects the supplier’s business, causing stress and potential bankruptcy. Small businesses employ formal (solicitors, debt collectors, statutory demands) and informal (discounts, extended payment terms, violence) techniques to enforce payment. The Government has enacted measures requiring larger buyers to report their payment practices and has given businesses the right to claim interest, yet businesses are either unaware or do not use these provisions. The research phase of this thesis was conducted in 2018/19 and incorporated an initial survey with 74 respondents followed by a second survey with 250 respondents. …

Effects Of Expungement Laws And Public Perception On Employers’ Attitudes Toward Hiring Wrongfully Convicted Individuals, Tija Lashon Hopkins

Walden Dissertations and Doctoral Studies

AbstractMany studies have been conducted with a focus on wrongful convictions, but few have been conducted that were focused on the effects of wrongful convictions on hiring managers when it comes to issues of employment for exonerates. Criminal background checks are frequently a part of the hiring process, and hiring managers may lack knowledge or awareness of issues facing wrongfully convicted individuals in terms of record expungement and sealing. Simultaneously, public perception may hinder hiring managers’ desire to extend employment offers to exonerates, as hiring managers might fear reprisal from customers. The purpose of this qualitative study was to explore …

Table Of Contents & Masthead

Lewis & Clark Law Review

Front Matter contains Table of Contents, Masthead, and faculty for Lewis & Clark Law Review Volume 25, Issue 4.

Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: In 1743, a group of enslaved Africans from various estates in French colonial New Orleans gathered, held a musical ceremony sung in their native language, and discussed the actions and fate of a slaveholder named Corbin. Earlier, Corbin had threatened to shoot one of the enslaved Africans in this group, and Corbin’s brother then actually shot that person with a gun loaded with salt. Now, as the group of Africans gathered, they determined that Corbin had to die. Two months later, Corbin disappeared and was never found.

If we use a traditional (Western) legal framework to describe this …

A Comparative Analysis Of Repatriation Of Native American Artifacts And Human Remains Laws In Montana, Usa And Alberta Canada, Helen Cryer

Graduate Student Theses, Dissertations, & Professional Papers

ABSTRACT: Native American and Indigenous communities across the United States and Canada have lost an extensive amount of human remains and sacred artifacts to non-Native people exhuming Native American and Indigenous burial sites that may have been dug up for personal gain, stolen, placed in museums, or left in the hands of non-Native collectors. The repatriation of human remains and sacred artifacts to Native nations can be a lengthy, political, and challenging process yet it is worth the effort for Native people. Native American advocacy and evolving public sentiment toward Native people have led to legislative advancements in the United …

The (Symbolic) Legislative Recognition Of Animal Sentience, M.B. Rodriguez Ferrere

Animal Law Review

This Article will draw conclusions from the legislative recognition of animal sentience in animal welfare legislation of Oregon, New Zealand and Quebec. A range of jurisdictions have, in recent times, amended their animal welfare legislation to recognize that animals are "sentient." While seemingly a progressive and welcome advance, there are a range of reasons to doubt the actual impact of such amendments. The limited impact of the amendments within animal welfare case law in these jurisdictions appear to confirm these doubts. This Article questions whether such symbolic amendments are benign or have a damaging effect on the attempt to reform …

Why Secular Society Desperately Needs The Recognition Of Religious Holidays, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

How Should The Law Adjust To The Rittenhouse Verdict?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

A Workers' Paradise: Re-Integrating Newfoundland Into Colonial American History, Elena Hynes

Electronic Theses & Dissertations

The island of Newfoundland is conspicuous in colonial British and North American histories, most particularly and paradoxically, in its absence, a state of affairs which this study aims to help address. Multiple factors, including a paucity of documentary sources and various historiographic trends, have traditionally contributed to Newfoundland’s marginalization within colonial historical narratives. However, developments in recent years have made Newfoundland’s potential integration into the broader colonial dialogue more feasible including the advent of the Atlantic perspective, the expansion of available sources, and the work of multiple regional historians who have challenged enduring historiographic trends characterizing Newfoundland colonial settlements as …

Stop Calling Kyle Rittenhouse A Hero. He Killed Two Unarmed People, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The Enduring Enigma Of Public Official Status In Libel Law, Nat Stern

Loyola of Los Angeles Law Review

No abstract provided.

One Hundred Years Of Family Law Reform In Parliament, In Court, And On Screen, Gianluca Parolin, Nadia Sonnevald, Nathalie Bernard- Maugiron, Enas Lofti

Abdou Filali-Ansary Occasional Paper Series

This paper interrogates the very form of collective decision making that legislation signifies, its operationalisation in adjudication, and its interrelation with popular culture. Through the lens of the Egyptian legal system, the paper offers case-studies of collective decision making on matters of personal status, it focuses on the state's different approach towards the regulation of personal status for its Muslim and non-Muslim citizens; in the legal context of the ‘best interests of the child’ it looks at the multiple entanglements of legislation and its eventual actualisation in Egyptian courts; and it uses classical examples of Egyptian cinema popularly associated with …

The Spark That Lit The Match: The Use Of Petitions And The Emergence Of Antislavery Politicians In The Movement To Abolish Slavery In The District Of Columbia, 1816-1829, Timothy Brown

UNLV Theses, Dissertations, Professional Papers, and Capstones

The United States capital, Washington, D.C., became the focus of antislavery advocates in their quest to eliminate the domestic slave trade and slavery. By the War of 1812, the domestic slave trade was thriving in the capital. However, many saw it as particularly embarrassing to a nation predicated on the concept of freedom. This embarrassment was even felt by proslavery Southerners. Beginning in 1816, an attempt to restrict the trade in the Capital occurred when Virginia Congressman John Randolph called for the destruction of the domestic slave trade there. Despite being proslavery, he argued that the federal government, as the …

Maybe Deficits Do Matter After All, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

No, This Isn’T Facebook’S ‘Big Tobacco’ Moment, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Here's What's At Stake In Texas Abortion Case Before U.S. Supreme Court, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Vaccine Clinical Trials And Data Infrastructure, Ana Santos Rutschman

Faculty Publications

We find ourselves at a momentous turn in the history of vaccines. The COVID-19 pandemic triggered a quasi-global vaccine race that not only compressed vaccine research and development (R&D) timelines, but also paved the way for the administration of a new type of vaccine technology – mRNA vaccines, which work in substantially different ways from the vaccines in use before the pandemic.

While the process of bringing emerging COVID-19 vaccines to market has taken place in an unusually short timeframe, it was largely predicated on the same scientific and regulatory processes that govern the development, approval and deployment of new …

Comment: Online And Off-Label: Closing The Regulatory Gap In Online Direct-To-Consumer Drug Promotion And Prescribing, Kristina L. Bitzer

Northern Illinois University Law Review

The advent of telemedicine led to an evolution in healthcare delivery, making it possible for healthcare professionals to provide remote patient care, thus minimizing or eliminating the need for the patient to visit a physician’s office. Recently, online telemedicine has gained significant popularity, especially in light of the COVID-19 pandemic. This Comment focuses upon online direct-to-consumer telemedicine platforms and their modern usage as one-stop-shops for acquisition of medical advice and medication. Specifically, this Comment explores prescription promotion and prescribing as done through these platforms with a special examination of off-label prescriptions. Several modern online direct-to-consumer telemedicine platforms offer prescription medications …

The Helms-Burton Act Backfires: Surprising Litigation Trends Following Title Iii’S Long-Feared Activation, Gergana S. Sivrieva

Northern Illinois University Law Review

On May 2, 2019, the Trump Administration made the historic decision to lift the suspension of Title III of the Helms-Burton Act for the first time since its enactment in 1996. Title III allows US nationals whose property was confiscated by the Cuban government to sue entities and individuals who now “traffic” in that property. Legal scholars believed this activation would trigger an avalanche of lawsuits; however, after two years of the law’s operation, only forty-some suits were filed, many by the same plaintiffs. Even more surprising is that instead of exposing foreign corporations that derive substantial benefits from the …

Tattoo Recognition Technology Is Gaining Acceptance As A Crime-Solving Technique, Samuel D. Hodge, Jr., John Meehan

Northern Illinois University Law Review

Tattoos offer a wealth of information gleaned through a simple visual examination. This visualization can help police evaluate the tattoo’s location, design, colors, and any other physical characteristics to identify the person captured on video surveillance. Tattoos are also helpful in identifying a corpse where more traditional tools such as facial features or fingerprints are unsuitable. Conventional databases, such as fingerprints, facial images, DNA profiles, and dental records, are of limited use if the victim or culprit does not have a profile on record. A person’s tattoos, however, are frequently recognized by many people, whether a family member, acquaintance, co-worker, …

The Ballad Of Hicks Carmichael: Law, Music, And Popular Justice In Urban Appalachia, William Davenport Mercer

Scholarly Works

This article examines a rare folk ballad to revisit an 1888 Tennessee trial that newspapers referred to as the fastest in the country in which the death penalty was involved. If we look at this event using court records and newspapers, it tells a regrettably common story of a court under pressure from the populace skirting the protections of law. However, if we consider the trial as a performative endeavor, we can rightly consider other performative events, like folk songs, not as reflective of official events but as equivalents that help provide insight into the larger motives behind the court’s …

Criminalizing Lgbtq+ Jamaicans: Social, Legal, And Colonial Influences On Homophobic Policy, Zoe C. Knowles

USF Tampa Graduate Theses and Dissertations

Based on colonial and neocolonial models of oppression, Jamaica has adopted many laws, policies, and systems mandated by the British monarchy. Many of these laws contain anti-LGBTQ+ policies which remain in effect today. To address the criminalization of LGBTQ+ identities, I used queer theory and queer criminology to analyse the ways Jamaica constructs LGBTQ+ people as criminals and how they are treated in the legal and criminal justice systems from a postcolonial standpoint. Using a qualitative text-based feminist and queer policy analysis, I investigated social, legal, and colonial influences on current anti-LGBTQ+ policy by looking at the Offences Against the …

No, Joe Biden And The Dems Are Not Collapsing, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.