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Articles 3901 - 3930 of 568075
Full-Text Articles in Law
Constitutional Constraint: The United States Should Follow In New Zealand’S Gun Reform Footsteps, Jillian Fantuzzi
Constitutional Constraint: The United States Should Follow In New Zealand’S Gun Reform Footsteps, Jillian Fantuzzi
Cardozo International & Comparative Law Review Blog
The Second Amendment to the United States Constitution protects “the right of the people to keep and bear arms.” The United States is one of three countries worldwide that provide a constitutional right to bear arms, but the only country where this right is not accompanied by a restrictive condition. Despite the apparent gun crisis that increasingly characterizes the United States, legislators struggle to implement regulation due to the Supreme Court’s classification of the Second Amendment as a right to self-defense. However, where the initial purpose of the Second Amendment was to equip civilians as members of the militia to …
Episode 7: Strange Bedfellows, Sara Gras
Episode 7: Strange Bedfellows, Sara Gras
Season 01
In this episode I explore the various factions who, despite their different general ideologies, have united in advocating for the exclusion of trans kids from sports. My guests and I discuss why this presents such a challenge when working to educate and advocate around this issue. I also provide some additional details on one of the largest and most powerful organizations supporting exclusion.
Erin Buzuvis (Faculty Profile)
Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law
Kurt Weaver
Executive Director, You Can Play Project
Shira Berkowitz (Organizational Bio)
Senior Director …
Refugee Health In Philadelphia, Marc Altshuler, Md
Refugee Health In Philadelphia, Marc Altshuler, Md
Academic Commons Workshops and Presentations
No abstract provided.
Doctrinal Development: The Doctrine Of Lesser Magistrates And American Political Theology, Daniel Christopher Samms
Doctrinal Development: The Doctrine Of Lesser Magistrates And American Political Theology, Daniel Christopher Samms
Eleutheria: John W. Rawlings School of Divinity Academic Journal
The Doctrine of the Lesser Magistrate plays a unique role in the development of political theology. While the principle is found in Scripture, the doctrine is developed across church history during catalytic moments in which civil or religious authorities are at odds with Christian convictions. While the principle made developmental strides in the early centuries of Christianity, it was codified in the Magdeburg Confession of 1550, leading to more rapid development throughout the Reformation, and eventually influencing the American War for Independence. This analyzes the development of the doctrine, identifying it as a natural maturation of biblical principles. The doctrine …
Cardozo Law News Brief: January 5, 2024, Benjamin N. Cardozo School Of Law
Cardozo Law News Brief: January 5, 2024, Benjamin N. Cardozo School Of Law
Cardozo Law News Brief 2024
Featured Faculty:
- Alexander Reinert
- Young Ran (Christine) Kim
- Myriam Gilles
- Kathryn Miller
- Jocelyn Getgen Kestenbaum
- Jessica Roth
- Matthew Wansley
- Samuel Weinstein
- Edward Zelinsky
Events:
- Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?
Protecting The Free Flow Of Commerce From Houthi Attacks Off The Arabian Peninsula, Raul (Pete) Pedrozo
Protecting The Free Flow Of Commerce From Houthi Attacks Off The Arabian Peninsula, Raul (Pete) Pedrozo
International Law Studies
This article reviews recent maritime incidents involving Houthi missile and drone attacks on commercial shipping and foreign warships off the Arabian Peninsula, purportedly in response to the Israeli military operations in Gaza following the October 7, 2023, Hamas-led attack that killed over 1,300 Israeli civilians. The article discusses the legality of the U.S. response to those incidents, including U.S. counter-piracy operations and the right of unit and collective self-defense. The article also discusses whether the United States should consider conducting land-based attacks on Houthi missile and drone sites in Yemen under the principle of self-help to preempt further attacks on …
ضمان التعرض والاستحقاق في القانون المدني الأردني: دراسة مقارنة, Iman Abduljaleel Abdulhameed Alawabbdeh
ضمان التعرض والاستحقاق في القانون المدني الأردني: دراسة مقارنة, Iman Abduljaleel Abdulhameed Alawabbdeh
Journal of the Association of Arab Universities for Research in Higher Education (مجلة اتحاد الجامعات العربية (للبحوث في التعليم العالي
يتحقق الاستحقاق للمبيع في حال ادعى شخص بأنه يملك المبيع أو أن له حقاً آخر عليه، وبتمكنه من إثبات هذه الدعوى، يحصل على حكم قضائي فيها، وبذلك يكون البائع ضامناً للمبيع، أي يلتزم بتعويض المشتري عما لحق به من ضرر نتيجة استحقاق المبيع، وفي حال تعذر على تنفيذ التزامه بضمان التعرض تنفيذاً عينياً، تم التحول لتنفيذ الإلتزام بطريق التعويض. وقد توصلت الدراسة إلى أن المشرع الأردني اعتبر بيع ملك الغير عقداً موقوفاً على الإجازة ممن له الحق فيها، وذلك كون مالك المبيع الحقيقي هو الذي يخول له اجازة العقد أو قبوله. ويجب عدم إعطاء الحق للمشتري بإجازة العقد في العقد …
Video Endoscopy As Big Data: Balancing Privacy And Progress In Gastroenterology, Eugenia N. Uche-Anya, Sara Gerke, Tyler M. Berzin
Video Endoscopy As Big Data: Balancing Privacy And Progress In Gastroenterology, Eugenia N. Uche-Anya, Sara Gerke, Tyler M. Berzin
Faculty Scholarly Works
Tens of millions of gastrointestinal (GI) endoscopy videos and images are generated annually in the United States (1). A single 15-minute endoscopic procedure, recorded at 30 frames per second, generates approximately 27,000 high-definition images, representing a treasure trove of potential data. In the era of artificial intelligence (AI) and machine learning (ML), this data stream will not only fuel innovative and clinically impactful research in gastroenterology for both academic and commercial purposes, but also introduce ethical and legal concerns that merit consideration. Gastroenterologists are now faced with navigating new questions around data privacy and data ownership that have …
Democracy, Universalism And Informal Employment: The Committee On Freedom Of Association And South Asia, Kamala Sankaran
Democracy, Universalism And Informal Employment: The Committee On Freedom Of Association And South Asia, Kamala Sankaran
Book Chapters
This chapter focuses on how the CFA has influenced democratic processes and trade union rights in South Asia, particularly in relation to the intersection between political and labour rights and the relationship between trade union rights and civil liberties. Ms Sankaran illustrates this relationship by referring to a number of cases in the region in which emergency regulations have impacted on the daily exercise of trade union rights, with reference to the guidance provided by the CFA in this respect. She also recalls the large numbers of workers in the informal economy in the region, who are restricted in the …
Consent Searches And Underestimation Of Compliance: Robustness To Type Of Search, Consequences Of Search, And Demographic Sample, Roseanna Sommers, Vanessa K. Bohns
Consent Searches And Underestimation Of Compliance: Robustness To Type Of Search, Consequences Of Search, And Demographic Sample, Roseanna Sommers, Vanessa K. Bohns
Law & Economics Working Papers
Most police searches today are authorized by citizens’ consent, rather than probable cause or reasonable suspicion. The main constitutional limitation on so-called “consent searches” is the voluntariness test: whether a reasonable person would have felt free to refuse the officer’s request to conduct the search. We investigate whether this legal inquiry is subject to a systematic bias whereby uninvolved decision-makers overstate the voluntariness of consent and underestimate the psychological pressure individuals feel to comply. We find evidence for a robust bias extending to requests, tasks, and populations that have not been examined previously. Across three pre-registered experiments, we approached participants …
Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino
Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino
Cardozo International & Comparative Law Review Blog
In recent years, the Indigenous peoples of Brazil have fought a host of legal obstacles to maintain sovereignty over their traditional ancestral lands, in large part owing to the policy imperatives of successive presidential administrations and Congresses that have favored agribusiness interests and commercial development of Brazil’s interior regions at the expense of the Indigenous peoples who live in these areas. The Brazilian Constitution of 1988 guarantees Brazil’s Indigenous peoples legal recognition of their ancestral lands via the “land demarcation” or “official land recognition” process, providing that the federal government shall recognize “their original rights to the lands they traditionally …
Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Order On Motion To Compel Discovery, John J. Goger
Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Order On Motion To Compel Discovery, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Et Al., Order On Partial Motions To Dismiss, John J. Goger
Bowlero Atlantic Station, Llc V. Regal Cinemas, Inc., Et Al., Order On Partial Motions To Dismiss, John J. Goger
Georgia Business Court Opinions
No abstract provided.
Decentralizing The Nigerian Police Force: A Plausible Approach To Hinterland Securities, Amobi P. Chiamogu, Uchechukwu P. Chiamogu
Decentralizing The Nigerian Police Force: A Plausible Approach To Hinterland Securities, Amobi P. Chiamogu, Uchechukwu P. Chiamogu
Journal of African Conflicts and Peace Studies
The structure of the Nigerian police has overtime depicted a centralized composition that negate principles of power sharing in a federal system of government. The complexities and diverse nature of policing in Nigeria remains the bane to effective and virile administration and management of the organization. The office of the Commissioner of Police vis-à-vis those of State Governors spell contradictions in power configuration from both the Constitution and the Police Act. The enactment of vigilante services and neighbourhood watches by state governments are indicative of a failing security system especially at the component units of the Nigerian federation. The hinterlands …
No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz
No Balancing For Anti-Constitutional Government Conduct, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Corporate Climate Litigation And Environmental Justice: How Green Amendments Can Be Used To Advance Accountability And Equity, Noah Hines
Indiana Journal of Law and Social Equality
The term “Green Amendment” was first coined by author Maya van Rossum in her 2017 book The Green Amendment: Securing Our Right to a Healthy Environment, in which she argues that modern environmental protection laws are fundamentally failing the most vulnerable people in society and proposes the creation of new constitutional rights as a solution. The provisions van Rossum argues ought to be added to state constitutions as “Green Amendments” are also sometimes called “Environmental Rights Amendments,” and generally enumerate the right of all citizens to a clean or healthy environment. Green Amendments currently exist in Pennsylvania, Montana, Illinois, Hawaii, …
Domestic Supply (A Feminist Proposal), Jennifer Hendricks
Domestic Supply (A Feminist Proposal), Jennifer Hendricks
UC Law Constitutional Quarterly
No abstract provided.
Oecd Two-Pillar Globe Rules: Is It Time To Abandon Hope For International Cooperation On A Global Minimum Corporate Income Tax?, Willem Vandermeulen
Oecd Two-Pillar Globe Rules: Is It Time To Abandon Hope For International Cooperation On A Global Minimum Corporate Income Tax?, Willem Vandermeulen
Emory International Law Review
No abstract provided.
The Need For A United States National Antiquities Database: A Valuable Suggestion From The Nicosia Convention, Sula, Dea
Santa Clara Journal of International Law
Antiquities trafficking is an international cultural and security risk due to the involvement of organized crime. The Nicosia Convention proposes utilization of shared national databases cataloging antiquities as a method to combat the antiquities black market. The United States should adopt this database recommendation. A comprehensive database of antiquities in the U.S. is technically feasible. Further, a database would strengthen American criminal law by creating evidence that a buyer could have notice and knowledge of the status of a trafficked antiquity, the lack of which currently incentivizes authorities to use civil forfeiture actions instead of criminal prosecution. Implementing an antiquities …
The Exceptional Unfairness Of The “Exceptional And Extremely Unusual Hardship” Test, Bin Mohsin, Momin
The Exceptional Unfairness Of The “Exceptional And Extremely Unusual Hardship” Test, Bin Mohsin, Momin
Santa Clara Journal of International Law
Legislators often face criticism for introducing ambiguous terms into law. The "exceptional and extremely unusual hardship" (EEUH) standard in U.S. immigration law is one such prominent example. Delving into a historical analysis, the article tracks the evolution of the EEUH standard from its incorporation in the Immigration and Nationality Act of 1952 to its current applications. Through a comprehensive survey across different jurisdictions such as the UK, Canada, and Australia, the paper exposes the inadequacies of the EEUH standard, emphasizing its obsolescence. Advocating for a paradigmatic reassessment, it proposes the replacement of the EEUH standard with the “best interest of …
What If Criminal Lawmaking Becomes Trustworthy?, Zachary S. Price
What If Criminal Lawmaking Becomes Trustworthy?, Zachary S. Price
Journal of Criminal Law and Criminology
One common theoretical perspective posits that courts should assume a counter-majoritarian role in criminal law because the political process systematically disfavors the interests of criminal suspects and defendants. Recent shifts in the politics of crime complicate this perspective’ s assumptions, raising the paradoxical possibility that welcome improvements in the politics of crime will weaken the theoretical case for counter- majoritarian judicial decisions. This Article tentatively considers whether, if at all, courts’ interpretive approach should change in response to any continuing moderation of historic “tough on crime” politics. It suggests that while arguments for narrow construction of criminal statutes will remain …
Fair Notice And Criminalizing Abortions, Brian G. Slocum, Nadia Banteka
Fair Notice And Criminalizing Abortions, Brian G. Slocum, Nadia Banteka
Journal of Criminal Law and Criminology
The principle of legality requires that individuals receive “fair notice” of conduct that is criminal. Courts enforce this fair notice requirement through various interpretive principles and practices, including the void-for- vagueness doctrine. The void-for-vagueness doctrine remains undertheorized, however, despite its centrality to the interpretation of criminal statutes. We offer a new theory of the void-for-vagueness doctrine that accounts for recent Supreme Court decisions. Specifically, we propose a scalar theory that fair notice is a matter of degree, dependent on various factors. We explore the implications of this theory for anti-abortion statutes post-Dobbs and explain why many of these statutes do …
Bridging The Gap In Corporate Governance For Interlocking Directors In Colombia, Juan D. Ovalle
Bridging The Gap In Corporate Governance For Interlocking Directors In Colombia, Juan D. Ovalle
Emory Corporate Governance and Accountability Review
No abstract provided.
First Amendment Fetishism, John M. Kang
First Amendment Fetishism, John M. Kang
Faculty Scholarship
The Supreme Court, starting in 1971, has lit upon a reckless path of protecting speech that is, by any reasonable measure, appallingly vulgar, emotionally hurtful, and dangerous. Against the wishes of the community, the Court has protected a roster of extremely offensive speech:
• a rageful repetition of the F-word uttered by a teacher before children in a school auditorium
• a White skinhead’s cross burning on the front lawn of a Black family’s house
• the public burning of the American flag by an avowed Communist who hated the United States and who cared nothing for the emotional pain …
Students For Fair Admissions V. Universities For Division, Exclusion, And Inequity: The Petitions, The Arguments, And The Decision, Josh Blackman
Students For Fair Admissions V. Universities For Division, Exclusion, And Inequity: The Petitions, The Arguments, And The Decision, Josh Blackman
SMU Law Review
Students for Fair Admissions v. Harvard (SFFA) will be studied by law students for generations, in much the same way that Bakke and Grutter were studied before. But there is much more to SFFA than the final decisions about Harvard University and the University of North Carolina will reveal. This Article, published for a symposium by the SMU Law Review, focuses on three stages of the litigation: the petitions, the oral arguments, and the decision. Part I recounts the complex procedural history, which began in federal courts in Massachusetts and North Carolina. The Harvard case reached the Supreme Court first, …
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Journal of Legislation
The few states that have passed the Model Consumer Sales Practices Act have common definitions and case law regarding the definition of a “supplier.” This definition is broad enough to include managers of companies in limited liability entities in the states that have adopted the model act. The practicality is that business principals, owners, and managers can be held personally liable for deceptive practices under the state acts. But this is not a piercing of the corporate veil or of the limited-liability company. This Article is meant to accomplish four purposes: (1) exhibit the origins of the act, (2) show …
A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel
A Model State Compensation Law For The Wrongfully Convicted, Jacqueline Kamel
Journal of Legislation
No abstract provided.
Cover Page, Masthead, And Table Of Contents
Cover Page, Masthead, And Table Of Contents
Journal of Legislation
No abstract provided.