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Articles 541 - 570 of 15270
Full-Text Articles in Law
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak
Brooklyn Journal of Corporate, Financial & Commercial Law
Historically, the pornography industry has been the target of countless attempts to delegitimize sex work, but it still endures as a legal industry. Nevertheless, financial service providers such as banks and third-party payment processors have circumvented providing the industry fair access to their services, under vague pretexts such as reputational risk. While porn is not the only marginalized industry affected by unfair treatment from financial service providers, it is among the most targeted. This note gives context to this issue and provides that access to the global marketplace should not be limited by financial institutions functioning as de facto legislators, …
Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz
Broken Promises: The Granite State’S Return To The Institutionalization Of Children With Disabilities, Elizabeth Trautz
The University of New Hampshire Law Review
In 1975, the New Hampshire legislature enacted a progressive statute which mandated the Department of Health and Human Services “to establish, maintain, implement and coordinate a comprehensive service delivery system for developmentally disabled persons.” This law was innovative for its time; it decreed that individual service plans (ISPs) be developed for every client in the state’s service delivery system, guaranteed “a right to adequate and humane habilitation and treatment[,]” and contemplated the state’s area agency system as we know it today. The statute was a steppingstone for the 1981 class action lawsuit of Garrity v. Gallen. This was one of …
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah
Journal of Law and Policy
This Note discusses the flaws in the tripartite analysis to determine whether an asylum seeker satisfies the protected ground of “membership in a ‘particular social group’” (“PSG”). An applicant seeking a PSG determination must prove: (1) “immutability,” (2) “social distinction,” and (3) “particularity.” This Note argues that when PSG asylum claims are denied and appealed to the Board of Immigration Appeals (“BIA”), the BIA has incoherently tangled what is actually required in order to compel an affirmative PSG determination. One group of asylum seekers that has been significantly disadvantaged by this tripartite test is former gang members. This Note argues …
Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom
Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom
Journal of Law and Policy
This Note both explores the mechanisms and incentive structures that make “copyright hacking” possible and explains the legal system’s failure to provide recourse for victims of successful “copyright hacks” by police officers. Because the DMCA has failed to keep pace with the internet’s exponential growth, OSPs, such as YouTube, have developed filtering systems that can be exploited to “copyright hack” users and ultimately suppress their speech. A victim of “copyright hacking” by a police officer currently has no recourse; the doctrine of qualified immunity functionally precludes them from suing for violating their First Amendment rights. This Note proposes two possible …
When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady
When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady
Journal of Law and Policy
For seventy-two years, federal courts have barred military servicemembers who are survivors of sexual assault from recovery under the Federal Tort Claims Act (FTCA). The Feres doctrine, promulgated from the Supreme Court case Feres v. United States, became the foundation for federal courts’ decisions that sexual assault is incident to one’s service in the military. Courts’ over-deference to the military has enabled a system that turns a blind eye to perpetrators and abusive environments on bases. However, the Ninth Circuit recently turned the tide in FTCA cases, holding in Spletstoser v. Hyten that military sexual assault survivors should be permitted …
Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning
Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning
Brooklyn Journal of Corporate, Financial & Commercial Law
In 2019, a joint drafting committee authorized by the Uniform Law Commission and the American Law Institute began work on a sweeping set of amendments to the official text of the Uniform Commercial Code (UCC) that address issues arising from emerging technologies. The amendments were approved by the sponsoring organizations at their 2022 annual meetings, and efforts are already underway to gain uniform nationwide enactment by state legislatures. The most significant changes to the UCC consist of a new Article 12 dealing with digital assets and amendments to Article 9 that facilitate the leveraging of these assets. Also in 2019, …
The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer
The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho
The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho
Brooklyn Journal of Corporate, Financial & Commercial Law
E-commerce has many advantages for both consumers and sellers, but its process has taken a toll on the environment. In this Note, I discuss two integral aspects of the e-commerce process that contribute to climate change: (1) air pollution from delivery vehicles, and (2) the use of non-sustainable packaging. I will provide insight into the U.S. environmental laws currently in place that regulate greenhouse gas emissions and other contributors to climate change, such as the Clean Air Act and the Solid Waste Disposal Act, while highlighting how these laws are minimal at best. I argue that the U.S. government should …
Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood
Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood
University of Arkansas at Little Rock Law Review
No abstract provided.
Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning
Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning
Faculty Scholarship
In 2019, a joint drafting committee authorized by the Uniform Law Commission and the American Law Institute began work on a sweeping set of amendments to the official text of the Uniform Commercial Code (UCC) that address issues arising from emerging technologies. The amendments were approved by the sponsoring organizations at their 2022 annual meetings, and efforts are already underway to gain uniform nationwide enactment by state legislatures. The most significant changes to the UCC consist of a new Article 12 dealing with digital assets and amendments to Article 9 that facilitate the leveraging of these assets. Also in 2019, …
Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw
Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw
Articles
This piece offers an extended critique of one aspect of the so-called "independent state legislature" theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I's Elections Clause, which provides that "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof," and Article H's Presidential Electors Clause, which provides that "[e]ach State shall appoint, in such Manner as the Legislature …
Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate
Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate
Life of the Law School (1993- )
No abstract provided.
Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl
Interpreting State Statutes In Federal Court, Aaron-Andrew P. Bruhl
Notre Dame Law Review
This Article addresses a problem that potentially arises whenever a federal court encounters a state statute. When interpreting the state statute, should the federal court use the state’s methods of statutory interpretation—the state’s canons of construction, its rules about the use of legislative history, and the like—or should the court instead use federal methods of statutory interpretation? The question is interesting as a matter of theory, and it is practically significant because different jurisdictions have somewhat different interpretive approaches. In addressing itself to this problem, the Article makes two contributions. First, it shows, as a normative matter, that federal courts …
Addressing Illegal, Unreported, Unregulated (Iuu) Fishing In Cambodia: The Impact Of The Eu’S Iuu Regulation, Sorphea Sok
Addressing Illegal, Unreported, Unregulated (Iuu) Fishing In Cambodia: The Impact Of The Eu’S Iuu Regulation, Sorphea Sok
World Maritime University Dissertations
No abstract provided.
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch
BYU Law Review
No abstract provided.
Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement, Greg Nies, Bruce Elder
Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement, Greg Nies, Bruce Elder
Mountain Plains Business Conference
This presentation examines and summarizes the right to repair movement from the perspective of its origins, development, legal basis and – most significantly – its unique manifestation within an agriculture perspective. The agricultural equipment sector is more concentrated and less competitive than many other industries, while the typical farmer remains fiercely independent and self-reliant. This unique situation has led to conflict, forming the basis of the current agricultural right to repair dispute. Accordingly, the current state of the agricultural right to repair movement is examined and explained based on the recent policy, legislation, and litigation efforts employed at federal and …
Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith
Dicamba Is Gone With The Wind: The Ninth Circuit Blows Life Into Fifra In National Family Farm Coalition V. United States Environmental Protection Agency, Timothy Howley Keith
Villanova Environmental Law Journal
No abstract provided.
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier
Villanova Environmental Law Journal
No abstract provided.
Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss
Villanova Environmental Law Journal
No abstract provided.
Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor
Villanova Environmental Law Journal
No abstract provided.
Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson
Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson
Villanova Environmental Law Journal
No abstract provided.
Legislating Emotion, Reading Grief: Bereavement Leave For Miscarriage And Stillbirth In New Zealand Law, Gillian Calder
Legislating Emotion, Reading Grief: Bereavement Leave For Miscarriage And Stillbirth In New Zealand Law, Gillian Calder
Dalhousie Law Journal
This paper looks at New Zealand’s Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2), an Act that changes Employments Standards legislation to allow bereavement leave for people and their partners at miscarriage and stillbirth. The paper is prompted by the huge media attention that this small change in law received globally. What might Canadian legislators learn by taking a careful look at this New Zealand law that permits an employee time off work to grieve a pregnancy loss? The questions that the legislation provokes are read through the lens of law and emotions literature, situated in the ways that …
Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law
Initiatives At A Glance, University Of The Pacific, Mcgeorge School Of Law
California Initiative Review (CIR)
No abstract provided.
Proposition 1: Constitution Right To Reproductive Freedom, Brenna Hatcher, Yuri Khadka, Alek Kocher
Proposition 1: Constitution Right To Reproductive Freedom, Brenna Hatcher, Yuri Khadka, Alek Kocher
California Initiative Review (CIR)
No abstract provided.
Proposition 27: Legalize Sports Betting And Revenue For Homelessness Prevention Fund Initiative, Ismael Perez, Danielle Diele
Proposition 27: Legalize Sports Betting And Revenue For Homelessness Prevention Fund Initiative, Ismael Perez, Danielle Diele
California Initiative Review (CIR)
No abstract provided.
Proposition 28: Provides Additional Funding For Arts And Music Education In Public Schools, Brenna Hatcher, Yuri Khadka, Alek Kocher
Proposition 28: Provides Additional Funding For Arts And Music Education In Public Schools, Brenna Hatcher, Yuri Khadka, Alek Kocher
California Initiative Review (CIR)
No abstract provided.
Proposition 29: Protect The Lives Of Dialysis Patients Act, Christian Landaverde, Aria Alex Ghafouri
Proposition 29: Protect The Lives Of Dialysis Patients Act, Christian Landaverde, Aria Alex Ghafouri
California Initiative Review (CIR)
No abstract provided.
F22rs Sgr 4 (Congratulate Rha), Landon Zeringue, John Sweat
F22rs Sgr 4 (Congratulate Rha), Landon Zeringue, John Sweat
Student Senate Enrolled Legislation
To commend, congratulate, and offer appreciation to the residential staff of LSU’s East Campus Apartments for their work promoting campus safety by putting on the successful “Let’s Talk Safety!” program
F22rs Sgr No. 2 (Prime Time Class Scheduling), Cooper Ferguson, Emma Long, Calvin Feldt, Elizabeth Laurent
F22rs Sgr No. 2 (Prime Time Class Scheduling), Cooper Ferguson, Emma Long, Calvin Feldt, Elizabeth Laurent
Student Senate Enrolled Legislation
To Urge and Request that the University Registrar halts the reimplementation of a policy that limits departments to scheduling no more than 55% of their course sections within prime-time hours
F22rs Sgr 5 (Establishment Of Graduate Healthcare Committee), Adam Dohrenwend, Gabriella Boodhoo, Alicia Cerquone, Leah Clendaniel, Blessing Egbejiogu, Terry Geraldsen, Ritu Ghose, Cullen Hodges, Natalie Kaczynski, Soheil Kafiliveyjuyeh
F22rs Sgr 5 (Establishment Of Graduate Healthcare Committee), Adam Dohrenwend, Gabriella Boodhoo, Alicia Cerquone, Leah Clendaniel, Blessing Egbejiogu, Terry Geraldsen, Ritu Ghose, Cullen Hodges, Natalie Kaczynski, Soheil Kafiliveyjuyeh
Student Senate Enrolled Legislation
To establish the committee on the Graduate Student Healthcare Crisis as a temporary committee of LSU Student Government, pursuant to Article XIV of the LSU Student Government Bylaws