Law Commons^™

Procedural Order Of Carrying Out Expertise On Criminal Cases, Istam Rustamovich Astanov

ProAcademy

Production of expertise on a scene in parallel with its survey in most cases is impossible for the reasons of procedural character: inspection of a scene is, as a rule, performed before initiation of legal proceedings that doesn't allow the investigator before making decision on its excitement to appoint expertise. At the same time to reveal signs of a crime and to fix traces it according to law requirements sometimes happens it is simply impossible without carrying out expert research. It was the cause of statement by us of a question of possibility of purpose of expertise before initiation of …

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, …

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 Case For The Inclusion Of Employee Relations Matters In Mandatory Disclosure And Reporting Requirements For Public Corporations, Derek J. Illar

Northern Illinois University Law Review

Public companies have no obligation to disclose and to report matters that pertain to equality in the workplace, the payment of wages and benefits, and health and safety issues—“employee relations matters”—under the current statutory and regulatory framework for the capital markets. The absence of this obligation significantly and glaringly handicaps shareholders and other market participants insofar as they are investing in public companies with a limited and distorted understanding of their operations that belies the historical and analytical justifications for mandatory disclosures and reporting. This Article posits that public corporations should publish information about employee relations matters because certain disclosure …

The Lieber Code: A Historical Analysis Of The Context And Drafting Of General Orders No. 100, Alexander H. Mindrup

The Cardinal Edge

During the American Civil War, the United States changed in dramatic fashion. The national crisis of the Civil War encompassed all aspects of the United States. In 1862, a forward-thinking German American intellectual named Francis Lieber lobbied the Lincoln administration to update the United States laws of war. On April 24, 1863, President Lincoln issued General Orders No. 100 or “Instructions for the Government of the Armies of the United States in the Field.” General Orders No. 100, better known as the Lieber Code, modernized the United States laws of war. Not only that, but the Lieber Code traveled across …

Writing Like A Lawyer: How Law Student Involvement Affects Self-Reported Gains In Writing Skills In Law School, Kirsten M. Winek J.D., Ph.D

Journal of Legal Education

No abstract provided.

From The Editors, Jeremy Paul, Margaret Y.K. Woo, Ezra Rosser, Robert Dinerstein

Journal of Legal Education

No abstract provided.

Advancing An Evidence-Based Approach To Improving Legal Education, Kellye Y. Testy

Journal of Legal Education

No abstract provided.

Afterword: Nudging Toward Virtue, Lauren Robel

Journal of Legal Education

No abstract provided.

The Courts Discretionary Role In Testimony, علاء الدين عبابنة

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

There is no doubt that evidence by testimony came as a sign that legislator wants to give judges full power to weigh the evidence, unlike the situation in other kind of evidences where the judge is restricted upon a kind of evidence.

This article shows that even the law has given wide authority to the judge upon testimony; the extent of this authority differs from legislation to another in different countries according to the adopted principle of evidence. Accordingly, this article has been divided into three sections; the first examines the judge's authority upon evidence by testimony, while the second …

The Powers Of The Inter-American Court Of Human Rights Towards The Implementation Of Gender Justice Laws At The National Level In South America, Kiana Therrien-Tomas Miss

Bridges: An Undergraduate Journal of Contemporary Connections

Although South America is earning international attention as an innovative global leader in various fields, it currently remains a nation steeped in traditional beliefs and practices. Despite prevailing laws against domestic violence, countless Latin American women proceed to be failed by the legal system. As South American society produces its own theory of gender justice, apprised by local realities and universally accepted norms, women's rights advocates and the Supreme Court can represent a decisive role in forming the discourse. Throughout this work, I aim to contemplate the powers of the Inter-American Court of Human Rights (IACHR) towards the implementation of …

A Breath Of Fresh Air: A Constitutional Amendment Legalizing Marijuana Through An Article V Convention Of The States, Ryan C. Griffith, Esq.

University of Massachusetts Law Review

Criminal enforcement of anti-marijuana laws by the United States federal government has been non-sensical for more than twenty years. Culminating, ultimately, in an anomaly within American jurisprudence when California legalized marijuana in 1996 in direct violation of federal law, yet the federal government did little to stop it. Since then, a majority of states have followed California and legalized marijuana. Currently, thirty-six states and the District of Columbia have legalized medical marijuana despite federal law. Every year billions of dollars are spent on the federal enforcement of anti-marijuana laws while states collect billions in tax revenue from marijuana sales. Even …

Cartoon Contracts And The Proactive Visualization Of Law, Michael D. Murray

University of Massachusetts Law Review

Contracts have always relied on text first, foremost, and usually exclusively. Yet, this approach leaves many users of contracts in the dark as to the actual meaning of the transactional documents and instruments they enter into. The average contract routinely uses language that only lawyers, law-trained readers, and highly literate persons can truly understand. There is a movement in the law in the United States and many other nations called the visualization of law movement that attempts to bridge these gaps in contractual communication by using highly visual instruments. In appropriate circumstances, even cartoons and comic book forms of sequential …

No Consensus: Patchwork Remedies And The Health Crisis Linked To Ethylene Oxide Medical Sterilization Facilities, Staci L. Vazquez

Northern Illinois University Law Review

This article strives to provide an overview of the environmental health crisis surrounding medical sterilization facilities and examine the variety or “patchwork” of legal solutions involved. Part II of the article will discuss the dangers of ethylene oxide (EtO), how it is used for sterilization of medical equipment, and the health impacts that occur when emissions of the chemical are released into communities. Part III will explain how ethylene oxide is regulated, as well as the framework of federal, state, and local regulations. Part IV will demonstrate what happens when these mechanisms fail by discussing a recent environmental health crisis …

Systemic Inequality | Not Just Any Pretext: The 2020 Census And The Voting Rights Act, Unsigned Flro

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Not Secure In Their Persons: Bridging Garner And Graham, Eric Szkarlat

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Systemic Racism In Child Neglect Laws, Kendra Kumor

Fordham Law Review Online

The American child protection and support system was founded in the Reconstruction era. After the Civil War, many Southern states passed so-called Black Codes, which included apprenticeship statutes. These apprenticeship statutes allowed children to be removed from their parents’ care for any number of reasons, including poor moral character or financial instability. Although these statutes have long since been repealed, the residual institutional effects still linger in today’s child neglect and custody battles. Black children are disproportionately represented in child protective services investigations, in part because Black families constitute a disproportionate part of the homeless and impoverished population in the …

Systemic Inequality | Racial Gerrymandering, The For The People Act, And Brnovich: Systemic Racism And Voting Rights In 2021, Joseph Palandrani, Danika Watson

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Recasting The Exclusionary Rule’S Net, Zach Huffman

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Ballot Access Behind Bars, Robin Fisher

Fordham Law Review Online

No abstract provided.

Systemic Inequality | Race, Place, And Pollution: The Deep Roots Of Environmental Racism, Robert L. Bentlyewski, Mina Juhn

Fordham Law Review Online

No abstract provided.

Systemic Inequality | A Call For Desegregation In Education: Examining The Strength In Diversity Act, Kimberly Ayudant

Fordham Law Review Online

In the 1954 Brown v. Board of Education decision, the Supreme Court unanimously ruled that the concept of “separate but equal” education was unconstitutional. Yet now, more than sixty-five years after this decision, school segregation is on the rise in the United States. While school segregation is no longer enforced by the explicit prohibition of Black students and white students attending the same schools, it is instead caused by various pernicious government policies ranging from school district mapping to school funding allocations. Historically, the federal government has remained at the outskirts of education policy as public education is held to …

An Introduction To The Fordham Law Review Online Spring Issue, Systemic Inequality In The American Experience, Leili Saber, Kevin Sette

Fordham Law Review Online

No abstract provided.

Race And Policing: Some Thoughts And Suggestions For Reform, Solomon Oliver Jr.

Fordham Law Review

No abstract provided.

Investigating Pandemic Effects On Legal Academia, Meera E. Deo

Fordham Law Review

No abstract provided.

Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Understanding The Social And Cognitive Process In Law School That Creates Unhealthy Lawyers, Kathryne M. Young

Fordham Law Review

Previous work on law student wellness and mental health strongly suggests that the seeds of professional unhappiness are sown in law school. Law students suffer from anxiety, depression, substance abuse, and other mental health problems at alarmingly high rates. They also leave law school with different concerns, commitments, and cognitive patterns than when they entered, emerging less hopeful, less intrinsically motivated, and more concerned with prestige than they were at the outset. So what, exactly, happens to people in law school? Although a rich body of quantitative and survey-based research on law students documents these empirical trends, surprisingly little qualitative …

Affirmative Immunity: A Litigation-Based Approach To Curb Appellate Courts’ Raising Qualified Immunity Sua Sponte, Michael E. Beyda

Fordham Law Review

Qualified immunity, to put it simply, provides public officials with immunity from civil lawsuits if they have violated an individual’s constitutional rights under their official authority and those rights were not “clearly established” at the time of the official’s actions. The doctrine has evolved into an elaborate framework that has plagued civil rights plaintiffs, as well as courts, for decades. Qualified immunity is an affirmative defense, and affirmative defenses are waived if not raised appropriately by the defendant. Moreover, issues that are not properly raised before the trial court, including affirmative defenses, are generally not considered for the first time …

The Sunset Of The Holocaust Expropriated Art Recovery Act Of 2016 And The Rise Of The Demand And Refusal Rule, Fallon S. Sheridan

Fordham Law Review

During World War II, hundreds of thousands of works of art were confiscated by Nazis under the direction of Adolf Hitler or sold for less than market value by members of the Jewish community fleeing Nazi Germany. Shockingly, an estimated 100,000 of the 600,000 works that were taken are still missing today. In recognition of the need for laws that adequately assist original owners (and their heirs) in recovering these works of art, the U.S. Congress passed the Holocaust Expropriated Art Recovery Act of 2016 (“the HEAR Act”). The HEAR Act supplanted state statutes of limitations for Naziconfiscated artwork with …