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Nonparty Interests In Contract Law, Omri Ben-Shahar, David A. Hoffman, Cathy Hwang

Articles

Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and parties embrace this party primacy norm, recognizing only a few exceptions, such as mandatory rules that bar enforcement of agreements that harm others. This Article describes a distinct species of previously unnoticed contract law rules that advance nonparty interests, which it calls “nonparty defaults.”

In doing so, this Article makes three contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts deviate from the party primary norm with surprising …

January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Rozenshtein, Jed Handelsman Shugerman

Articles

A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to remove the magnetometers from the entrances to the rally and his …

Opioid Accountability, Daniel G. Aaron

Utah Law Faculty Scholarship

The opioid crisis has steadily killed Americans for twenty years. In total, we have lost 450,000 American lives since the 1990s, and countless more suffer from chronic addiction.

After years of piecemeal efforts to address this massive loss of life and health, the opioid litigation, largely centralized in Ohio federal district court, has brought significant hope for change. But there is a notable divide between the popular sense of the litigation and its reality. A full 57% of Americans believe that opioid companies should be held accountable for precipitating a public health crisis. However, the litigation has been dedicated to …

Masking Free Speech: The First Amendment Implications Of Masks, Clothing, And Public Health, Roy S. Gutterman

Loyola University Chicago Law Journal

Regulations mandating the wearing of face coverings to prevent the spread of COVID-19 have encountered resistance on a variety of grounds. This article analyzes the constitutional status of mask requirements from a free-speech perspective, differentiating between the issue of written words or logos on a mask as a form of speech, and the ability to keep one’s face uncovered as a speech right in itself. It examines the similarities and distinctions between challenges to mask mandates and other First Amendment objections to government restrictions related to clothing (or the lack thereof)—from public nudity prohibitions, to motorcycle helmet laws, to regulations …

Graduate Bulletin 2022-2023, Cuny John Jay College

College Bulletins

Covers academic year 2022-2023

Undergraduate Bulletin 2022-2023, Cuny John Jay College

College Bulletins

Covers academic year 2022-2023

The Expression Of Satanist Identity: Does Visible Identification Of Satanism Predict Discrimination And Depression?, Allyson Dudley

All Graduate Theses, Dissertations, and Other Capstone Projects

The current research examines the relationship between visible expression of religion, identification within Satanism, experiences of discrimination, and depression in a sample of modern Satanists (n = 1,272). Historically, Satanism has been scrutinized as immoral and a threat to public safety. The current research attempts to challenge that viewpoint by employing culturally competent methods and understanding of modern Satanism. Findings indicate a negative relationship between expression of Satanism and discrimination, expression of Satanism and depressive symptoms, in-group ties and discrimination, and identification (in-group ties and in-group affect) and depressive symptoms. Results show a positive relationship between identification with Satanism and …

Sustainable Cultural Tourism And Community Development : The Perspectives Of Residents' And The Application Of Social Exchange Theory, Chanin Yoopetch

Journal of Urban Culture Research

This study aims to examine the significant factors affecting residents 'support for tourism during one of Thailand's most celebrated festivals - the candle festival, and develop practical guidelines to support its sustainability. Data was collected from residents of the local community where the candle festival is held. Guided by the Social Exchange Theory, the measurements used in this current study were adapted from the past literature concerning the theory. In this research, the dependent variable was residents' support for sustainable festival tourism, and the independent variables included community pride, sense of community, perceived cost, perceived benefit and attitudes towards tourism …

The Importance Of Emotional And Physical Safety In The Success And Development Of Public Spaces, Isabella Wilhelm

Honors Undergraduate Theses

Our day-to-day lives consist of formal and informal settlements in the built environment. As humans, we gravitate towards successful informal settlements (public spaces) to conduct activities such as socializing and recharging. Previous research has highlighted the importance of distinct factors in determining the success of public spaces. Still, research has failed to develop the foundation that makes all public places prosper. Through examining successful and unsuccessful public places through case studies, this research analyses the success and importance of our emotional and physical safety in public spaces through the presence or absence of sound, light, nature, boundaries, and order.

Revealing The Black Form: Black Bodies In Nineteenth-Century French Orientalist Visual Art, Nathanael Amir Justin Lapierre

Honors Undergraduate Theses

In the nineteenth century, Orientalism functioned as a Western tool for dominating and restructuring the perception of the Orient. In France, where Orientalism found favor amongst artists, Orientalist works were produced in the literary and visual arts to inform and control the narrative about the East. Influenced by the Napoleonic imperial conquests and an increased French presence in the East, Orientalism became an integral movement in the French visual arts. The relationship between France and the Orient was one of power and domination, which was mirrored in that between the French and the Blacks.

As a part of the Western …

Rigour Required: Recent Direction From The Supreme Court Of Canada On Binding And Non-Binding Sources Of International Law In Charter Interpretation, Ravi Amarnath, Courtney Harris

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

It is not uncommon for parties to plead principles of international law to inform a court’s analysis of the Canadian Charter of Rights and Freedoms (the “Charter”). However, commentators have long expressed concern about the Supreme Court of Canada’s lack of clarity on how it uses international human rights law and for what purpose in Charter interpretation. This paper addresses how a divided Supreme Court of Canada in Quebec (Attorney General) v. 9147-0732 Québec inc. (“9147-0732 Québec inc.”) attempted to clarify when it is appropriate for a court to use international law to interpret the scope of a Charter protection …

The Russian Maritime Arctic: Region Of Great Change In The 21st Century, Lawson W. Brigham

CIWAG Case Studies

(MIWS/02 - Maritime Irregular Warfare Studies, Book 2)

This case study focuses on the evolution and development of the critical maritime region of the Russian Arctic out into the future. It specifically considers what the Russian state may initiate in Arctic economic projects, and what aspects of this region Russia will seek to control, in what will most certainly become one of the vital ocean corridors of the world. The case highlights what factors may constitute the outlines of further development in a region that is not only important today and is emerging as a vital resource area and transport …

Concerning Measures To Provide Resources To Increase Community Safety And In Connection Therewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Increase Of Available Funds For Law Enforcement Agency Peace Officer Supportive Services And In Connection Therewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Enhancing Mandatory Reporting For People Required To Report Child Abuse And In Connection Therewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Continuation Of The Domestic Violence Offender Management Board And In Connection Therewith Implementing The Recommendations Contained In The, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Responding To The Missing Indigenous Persons Crisis And In Connection Therewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Measures To Enhance Oversight Of Oil And Gas Operations Within The State, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning A Requirement That The Ballot Title And Fiscal Summary For Any Ballot Initiative That Increases Or Decreases State Income Tax Rates Include A Table Showing The Average Tax Change For Tax Filers In Different Income Categories, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Measures To Support Victims Of Violent Crime Who Suffer Brain Injuries As A Result And In Connection Therewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Creation Of The Office Of School Safety And In Connection Therewith Requiring The Director Of The Office Of School Safety To Appoint A Grants Manager, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Procedure For Sealing Of Criminal Records For Nonviolent Offenses And In Connection Therewith Addressing Workforce Shortages, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Increase Of Available Funds For Law Enforcement Agency Peace Officer Supportive Services And In Connection Therewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Measures To Improve The Outcomes For Those Placed In Out Of Home Placement Facilities, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Measures To Promote Responsible Gaming And In Connection Therewith Creating The Responsible Gaming Grant Program, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Measures To Counteract The Filing Of Fraudulent Business Documents With The Secretary Of State, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning Increased Alcohol Monitoring For Impaired Driving Offenders And In Connection Therewith, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Town Of Lincoln Nh 2021 Annual Report., Lincoln Town Representatives

Lincoln, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff

Psychology Faculty Scholarship

We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …

Redundant Leniency And Redundant Punishment In Prosecutorial Reforms, Stephanie Holmes Didwania

Oklahoma Law Review

No abstract provided.