Digital Commons Network^™

Immigration Policy And Covid-19, Daniel Hostetter

Helm's School of Government Conference - 2021-2024

No abstract provided.

Location, Location, Location: The Federal Sentencing Guidelines' Abduction Enhancement And The Meaning Of "Different Location", Sabrina Jemail

University of Cincinnati Law Review

No abstract provided.

Proving Racism: Gibson Bros. Inc. V. Oberlin College And The Implications On Defamation Law, Liam H. Mcmillin

University of Cincinnati Law Review

No abstract provided.

The Title Ix Pendulum: Taking Student Survivors Along For The Ride, Keeley B. Gogul

University of Cincinnati Law Review

No abstract provided.

Benign Language On Letters From Debt Collectors And Avoiding Violations Of The Fair Debt Collection Practices Act, Sebastian West

University of Cincinnati Law Review

No abstract provided.

The Best Of Both Worlds: Reconciling Tradition With Evolution Under The Ohio And Federal Right To A Civil Jury Trial, Jacob Hoback

University of Cincinnati Law Review

No abstract provided.

The Limits Of Law And Ai, Ryan Mccarl

University of Cincinnati Law Review

For thirty years, scholars in the field of law and artificial intelligence (AI) have explored the extent to which lawyers and judges can be assisted by computers. This Article describes the medium-term outlook for AI technologies and explains the obstacles to making legal work computable. I argue that while AI-based software is likely to improve legal research and support human decision making, it is unlikely to replace traditional legal work or otherwise transform the practice of law.

Trauma: Community Of Color Exposure To The Criminal Justice System As An Adverse Childhood Experience, André Douglas Pond Cummings, Todd J. Clark, Caleb Gregory Conrad, Amy Dunn Johnson

University of Cincinnati Law Review

No abstract provided.

The Way Lawyers Worked, Michael Risch, Mike Viney

University of Cincinnati Law Review

Court and litigation operations are opaque in the best of times, and the lack of explanatory Nineteenth Century legal records makes it even more difficult to learn how lawyers and judges went about their business. This may be one of the reasons there are so few accounts detailing the nuts and bolts of 1800s law practice. This Article illuminates the development of litigation and the law in the middle of the Nineteenth Century by examining archival court and Patent Office records.

Most accounts of the time focus either on judicial opinions or the relationship of the parties, but few articles …

Lochner's Revenge: Tiered Scrutiny And The Acceptance Of Judicial Subjectivity, Phillip J. Closius

University of Cincinnati Law Review

No abstract provided.

The Intergenerational Equity Case For A Wealth Tax, Daniel Schaffa

University of Cincinnati Law Review

Intergenerational equity is commonly set aside in favor of other policy objectives, perhaps because of the extreme challenges inherent in adopting and applying an intergenerational equity normative framework. Even when there is a near consensus that the choices of today will have substantial costs in the future, these costs are often downplayed or disregarded. This Article asks whether there are measures that might offer redress to a generation for the costs imposed on it by its predecessors and finds that a one-time wealth tax is a promising option. Although its analysis applies more generally, this Article focuses on the widely …

Value Of Library And Information Science (Lis) Degree For Side Business Practices Among Employed Library And Information Science Professionals In Nigeria: A Preliminary Survey, Ijeoma Juachukwu Ibegbulam (Phd), Ngozi Celestine Uzoagba, Isaac Kenechukwu Ohaji (Phd), Harriet Uche Igbo (Phd)

Library Philosophy and Practice (e-journal)

The survey study investigates the perception of the value of Library and Information Science (LIS) degree for side business practices among LIS professionals in Nigeria. The study used a combination of web-based and hard copy questionnaire to elicit information from 176 randomly selected working librarians in academic libraries in Nigeria. Four objectives guided the study. The results of the study reveal that the librarians perceive that the LIS degree has value. The majority of them engage in one side business or another. However, the side business engagements of the librarians are mostly in the traditional core librarianship areas while opportunities …

A Feasibility Study For Utilizing A Peer-Teaching Experiential Learning Activity To Alter Student Perceptions Of Attributes Present In Effective Clinical Instructors, Susan J. Barlow, Penelope S. Elam, Stephen W. Elam, Lee Ann Eagler

Internet Journal of Allied Health Sciences and Practice

Purpose: Many physical therapists are requested to assume the role of a clinical instructor (CI) after only one year of clinical practice. The purposes of this study are to assess the feasibility of an activity that introduces students to the responsibilities of a CI and to determine if this activity had any impact on student perceptions of attributes that are present in an effective CI. Methods: Second year DPT students enrolled in a course that utilizes case-based learning and peer-teaching activities participated in this study. Participants completed the McGill University Clinical Tutor Evaluation survey both pre- and post-learning activity. Survey …

The Prudential Standing Quandary When Discriminatory, Facially Neutral Laws Allegedly Cause Collateral Damage, Richard Luedeman

Brigham Young University Journal of Public Law

No abstract provided.

The Organisation For Economic Cooperation And Development (2nd Edition) (Introduction), Richard Woodward

Books/Book Chapters

Celebrating its 60th anniversary in 2021, the Organisation for Economic Cooperation and Development (OECD) is routinely heralded as one of the leading organs of global governance, yet it remains one of the least written about and least well understood of our major global institutions.

This fully revised and updated second edition builds a well-rounded understanding of this crucial, though often neglected, institution. A range of clearly written chapters chart the origins and evolution of the organization, comprehend its influence, examine its current agenda, and evaluate its future prospects. Rather than the simplified characterizations of the OECD as a “rich-country’s club” …

Examining Civil Rights Litigation Reform, Part I: Qualified Immunity, Alexander A. Reinert

Testimony

The U.S. House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties issued the following testimony by Alexander A. Reinert, professor of litigation and advocacy at Benjamin N. Cardozo School of Law, involving a hearing on March 31, 2022, entitled "Examining Civil Rights Litigation Reform, Part 1: Qualified Immunity."

Jose Cruz-Garcia V. Attorney General United States

2022 Decisions

Agency

Marsha Vanhook V. Cooper Health System

2022 Decisions

USDC for the District of New Jersey

J.C.C. V. L.C.

2022 Decisions

USDC for the District of New Jersey

John Doe V. Princeton University

2022 Decisions

USDC for the District of New Jersey

The Territorial And District Representation Amendment: A Proposal, Colin P.A. Jones

Brigham Young University Journal of Public Law

This article will propose and explain a draft amendment to the United States Constitution that would secure an intermediate degree of political representation for Americans living in U.S. territories. While concerned principally with U.S. territories, the amendment would also address Congressional representation for the District of Columbia.

Informal Governance Of The United States, Edward Lee

Brigham Young University Journal of Public Law

No abstract provided.

Giving Hardison The Hook: Restoring Title Vii’S Undue Hardship Standard, Kade Allred

Brigham Young University Journal of Public Law

No abstract provided.

A Call For State Legislators To Reconsider Their Stance On School Choice And School Funding, Leah Blake

Brigham Young University Journal of Public Law

No abstract provided.

A Study Of The Origin, Acceptance, And International Spread Of The ‘Symbol’ Within The Constitution Of Japan: Japan’S Approach To Restoring The Separation Of Authority And Power, Yoshiaki Shimojo

Japanese Society and Culture

Article 1 of the Constitution of Japan stipulates a symbolic emperor system based on popular sovereignty, stating that “The Emperor shall be the symbol of the State and of the unity of the People, deriving his position from the will of the people with whom resides sovereign power.” In the post-war period, the symbolic emperor system of the Constitution of Japan developed in its own way through shrewd adaptation and harmonization with popular sovereignty, within the context of Japan’s particular political climate. Nineteenth-century European monarchies comprised several types of constitutional monarchy, such as the German-style “constitutional monarchy,” the British-style “parliamentary …

Nev. Gaming Comm’N V. Wynn, 138 Nev. Adv. Op. 20 (Mar. 31, 2022), Brenna Irving

Nevada Supreme Court Summaries

The Court examined whether NRS 463.318(2), which states that judicial review is the exclusive method of review for Nevada Gaming Commission (“Commission”) actions, precluded Stephen Wynn’s writ of prohibition that argued the Commission and Nevada Gaming Control Board (“Board”) lacked jurisdiction over Wynn in his disciplinary proceeding. The Court also considered whether an order by the Commission denying Wynn’s motion to dismiss was “final” under NRS 463.315(1), which entitles a person subject to the Commission’s disciplinary proceedings to judicial review of the Commission’s final order. Pursuant to NRS 463.318(2), the Court found the district court lacked jurisdiction to review Wynn’s …

The Human Rights Due Diligence Standard-Setting In The European Union: Bridging The Gap Between Ambition And Reality, Jernej Letnar Černič

Global Business Law Review

Globalization has, over the past decades, erased borders between continents and countries. It has propelled international trade to previously unforeseen heights. Nonetheless, it has brought about not only positive impact, but also negative consequences for individuals and communities worldwide. Businesses have often been alleged to have been directly or indirectly involved in human rights violations. On the other hand, rights-holders have often found it difficult to enforce corporate human rights obligations and accountability either at home or abroad. Nonetheless, the field of business and human rights has in recent years witnessed seminal developments from the adoption of binding laws in …

Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman

Global Business Law Review

This Note argues that the United States courts have jurisdiction to consider corporate liability for international law violations of human rights under the reasoning of the Supreme Court of Canada, in Nevsun Resources Ltd. v. Araya. The United States Supreme Court has escaped holding such liability exists, but Canada has outlined how countries, such as the United States, no longer can avoid holding corporations liable under customary international law. Corporate liability for human rights violations committed abroad is a cutting-edge issue. The United States Supreme Court has considered the issue before, but the Court used different analyses and was …

Business, Human Rights, And Transitional Justice: Overcoming The Regulatory Dysfunction Of International Law, Jelena Aparac

Global Business Law Review

It is said that traditional international public law is state-centric and concerns mostly State obligations and responsibility. For this, it excluded corporate actors from any accountability mechanism, even when the corporations contribute to armed conflicts and international crimes. International law does not provide a clear definition of what amounts to “subjects” under this set of rules or criteria for how to determine legal personality. At the same time, some branches of international public law directly regulate corporate actions, namely international economic law and international humanitarian law. Conversely, international courts and tribunals have accepted the corporate jus standi, in some …

The Comment, March 31, 2022, Bridgewater State University

The Comment

No abstract provided.