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Articles 1 - 30 of 34
Full-Text Articles in Law
Juvenile Death Sentence Lives On... Even After Roper V. Simmons, Akin Adepoju
Juvenile Death Sentence Lives On... Even After Roper V. Simmons, Akin Adepoju
University of Massachusetts Law Review
This article begins with a discussion of the Supreme Court’s decision to abolish the death penalty as applied to individuals convicted of crimes they committed before they turned 18 and proceeds with a detailed exposition of worldwide standards of juvenile sentencing. Part I of this note briefly discusses the history and purposes of the juvenile justice system in the United States. Further, there is a general discussion on the constitutionality of life without parole sentences, which provides an overview of the inconsistencies between Federal and State Courts’ approaches when sentencing juveniles to life without parole. Part II analyzes the international …
Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann
Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann
University of Massachusetts Law Review
To squarely address this decisional quagmire, this article examines the binding effect of ICJ orders, entered pursuant to its compulsory jurisdiction, on American courts; earlier decisions of the Supreme Court penalizing foreign nationals for failing to timely raise individual treaty claims; the effect on treaty enforcement in domestic courts after the executive branch’s recent foreign policy decision to withdraw from compulsory ICJ jurisdiction; the current policy disputes dividing the United States and the ICJ; and, the national interest, or lack thereof, in treaty compliance. The article concludes that the government’s current claim that a “long standing presumption” exists to prevent …
State Sovereign Immunity And Intellectual Property: An Evaluation Of The Trademark Remedy Clarification Act’S Attempt To Subject States To Suit In Federal Courts For Trademark Infringements Under The Lanham Act, Jennifer L. Fessler
University of Massachusetts Law Review
There are two things that can be learned from this paper. First, the analytical framework developed by the Court in City of Boerne is a stringent test that has considerably narrowed Congress’s ability to abrogate state’s Eleventh Amendment immunity through legislation. Second, only half of the battle was won when Congress enacted the Trademark Remedy Clarification Act. Although it met the new requirements the Court placed on legislative efforts in Atascadero, it is not able to meet the requirements that were later set forth in Seminole Tribe. The Rehnquist Court’s holdings indicate the Court’s active pursuit of state’s …
Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.
Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Supreme Court, Bronx County, People V. Barnville, David Schoenhaar
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Butler, Courtney Weinberger
Supreme Court, Bronx County, People V. Butler, Courtney Weinberger
Touro Law Review
No abstract provided.
City Court, City Of Rochester, People V. Barton, Kerri Grzymala
City Court, City Of Rochester, People V. Barton, Kerri Grzymala
Touro Law Review
No abstract provided.
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Supreme Court, New York County, Khrapunskiy V. Doar, Daphne Vlcek
Touro Law Review
No abstract provided.
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Supreme Court, Kings County, People V. Miller, Courtney Weinberger
Touro Law Review
No abstract provided.
Appellate Division, Third Department, People V. Rivette, Michele Kligman
Appellate Division, Third Department, People V. Rivette, Michele Kligman
Touro Law Review
No abstract provided.
Public Utilities Law, William T. Reisinger
Public Utilities Law, William T. Reisinger
University of Richmond Law Review
This article explains, at a high level, some of the major changes to electric regulation in Virginia in recent years. It also discusses how the General Assembly's new policies have affected retail electric rates and the development of new generation facilities, including renewable energy resources, in the Commonwealth since 1999.
Incapacitating The State, Daryl J. Levinson
Incapacitating The State, Daryl J. Levinson
William & Mary Law Review
No abstract provided.
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Faculty Scholarship
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon
Structural Models Of Religion And State In Jewish And Democratic Political Thought: Inevitable Contradiction? The Challenge For Israel, Elazar Nachalon
Touro Law Review
No abstract provided.
Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein
Death Penalty And The Right To Counsel Decisions In The October 2005 Term, Richard Klein
Touro Law Review
No abstract provided.
Fixing A Broken System: Reconciling State Foreclosure Law With Economic Realities, Yianni D. Lagos
Fixing A Broken System: Reconciling State Foreclosure Law With Economic Realities, Yianni D. Lagos
Tennessee Journal of Law and Policy
The housing crisis ignited a chain reaction of events that resulted in the U.S. economy cascading to the worst contraction since the Great Depression. In response, not only has the Federal Government proposed and implemented various legislation, but the financial industry has also joined in the effort to find a solution. However, large-scale mortgage restructurings already show signs of failing. These results should not be surprising, because general loan modifications suffer from the problems that created the housing crisis. Namely, mortgage originators did not examine whether the borrower could afford the monthly payments.
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
University of Massachusetts Law Review
Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that a …
Wage War: Backpay Under The Hoffman Decision, Shuaa Tajammul
Wage War: Backpay Under The Hoffman Decision, Shuaa Tajammul
University of Massachusetts Law Review
This Article discusses the effect of the Hoffman Plastic Compounds decision on backpay as a remedy for illegal immigrants who sue their employers for lost wages. When Congress passed the Immigration Reform and Control Act of 1986 (“IRCA”), it believed it struck at the heart of illegal immigration: the search for employment in the United States. However, the IRCA did not accomplish its stated purpose. In 2002, the Supreme Court ruled that lost wages and backpay were not available as remedies to an employee who obtained a job through IRCA violation and later tried to sue his/her employer. The decision …
Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. Mckay
Tactics, Strategies, & Battles – Oh My!: Perseverance Of The Perpetual Problem Pertaining To Preaching To Public School Pupils & Why It Persists, Casey S. Mckay
University of Massachusetts Law Review
This Comment examines why a seemingly well-settled scientific issue, evolution through natural selection, continues to be the subject of so much legal controversy in public education. By exploiting misconceptions regarding the scientific method, religious special interest groups are able to persuade lawmakers to sneak religion into public school science classrooms across the country. This Comment considers the most recent incarnations of creationism and concludes by analyzing the impact the ongoing legal controversy has had on the American public’s understanding of science.
Connecting The Dots: Forming A Uniform Voter Identification System Through Established Law, Louis A. D'Amarino
Connecting The Dots: Forming A Uniform Voter Identification System Through Established Law, Louis A. D'Amarino
University of Massachusetts Law Review
The 2002 Help America Vote Act requires election officials to request photo ID for first time voters who register by mail. Some states took this a step further and required all voters to present photo ID in order to exercise the franchise. These laws have attracted a great deal of attention recently because of the belief that these laws disenfranchise voters. However, what is needed is a uniform system that allows voters access to the ballot and also protects the integrity of the ballot. This note argues that all Congress has to do is connect the dots in several federal …
Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot
University of Massachusetts Law Review
This Article outlines looming budgetary and accounting issues with federal student loans and proposes securitization as an innovative mechanism to reform federal accounting, reduce federal balance sheet risk, and provide a new education quality indicator. The current federal loan program is unsustainable because it overestimates the repayment rates and underestimates the cost of certain loan programs. Securitization will reduce that federal risk. Additionally, by forcing academic institutions to bear some of the risk, securitization will create a neutral pricing mechanism outside the direct control of federal regulators to show whether academic institutions provide a quality education. While complicated, this proposal …
Furman, After Four Decades, J. Thomas Sullivan
Furman, After Four Decades, J. Thomas Sullivan
University of Massachusetts Law Review
Problems of racial discrimination in the imposition of capital sentences, disclosure of misconduct by prosecutors and police, inconsistency in the quality of defense afforded capital defendants, exoneration of death row inmates due to newly available DNA testing, and, most recently controversies surrounding the potential for cruelty in the execution process itself continue to complicate views about the morality, legality, and practicality of reliance on capital punishment to address even the most heinous of homicide offenses. Despite repeated efforts by the Supreme Court to craft a capital sentencing framework that ensures that death sentences be imposed fairly in light of the …
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
A Fight 'Till The Death: Congress's Usurpation Of State Court Power In End-Of-Life Matters, Leland C. Abraham
A Fight 'Till The Death: Congress's Usurpation Of State Court Power In End-Of-Life Matters, Leland C. Abraham
Tennessee Journal of Law and Policy
In the spring of 2005, the United States Congress passed An Act for the Relief for the Parents of Theresa Marie Schiavo ("the Act") in response to numerous requests by Michael Schiavo, Theresa's husband, to have Theresa's feeding tube removed. Michael Schiavo argued that, prior to her accident, Theresa ("Terri") made oral statements expressing her wish not to be kept alive in a persistent vegetative state. The Act provided a mechanism for the parents of Terri Schiavo to institute legal proceedings to prevent the removal of Terri's feeding tube.
When Ferae Naturae Attack: Public Policy Implications And Concerns For The Public And State Regarding The Classification Of Indigenous Wildlife As Interpreted Under State Immunity Statutes, L. Reagan Florence
Journal of Public Law and Policy
Generally, most states have Immunity Statutes that grant municipal entities, and the government, immunity from particular tort-suit liabilities. Every state has a varied list of elements and factors that fall under particular municipality protection. One such protection is for when injuries arise from a “natural condition”, which has been interpreted to include many natural elements like: a rushing river; an avalanche, falling rocks, heavy rain, etc. But what about wildlife—especially indigenous wildlife? This article examines a case recently decided by the Utah Supreme Court, which involved the horrific story of an 11-year-old boy who was stolen from his tent by …
The Developmental State Model: A Comparative Analysis Of Japan Approach And The New Developmental State In South America, Gabriel Garcia
The Developmental State Model: A Comparative Analysis Of Japan Approach And The New Developmental State In South America, Gabriel Garcia
Faculty of Law, Humanities and the Arts - Papers (Archive)
This is a working-in-progress paper on the Developmental State Model: a Comparative Analysis of Japan's Approach and the New Developmental State in Brazil. The case of Brazil was the topic of a book published in 2013 edited by Trubek, Alviar Garcia, Coutinho and Santos titled 'Law and the New Developmental State, the Brazilian Experience in Latin American Context'. The volume contains contributions that argue a 'new' developmental state model is emerging in Brazil. A preliminary literature review suggests that the Brazilian government has incorporated in its development policies some of the features that defined the Japanese developmental state a few …
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Interactive Antitrust Federalism: Antitrust Enforcement In Tennessee Then And Now, Clark L. Hildabrand
Transactions: The Tennessee Journal of Business Law
In light of the recent debates surrounding the proper relationship between federal and state antitrust enforcement, this Paper explores the early years of state antitrust enforcement to see how the Sherman Act impacted state antitrust law. Since Tennessee was the location of the first federal case brought under the Sherman Act and has been involved in recent indirect purchaser action against Microsoft Corporation, this Paper particularly focuses on the development of antitrust law within Tennessee. Before the Sherman Act, Tennessee antitrust enforcement was limited to the narrow confines of common law restraint of trade, but the implementation of the Sherman …
The Meaning And Purposes Of State Constitutional Single Subject Rules: A Survey Of States And The Indiana Example, Justin W. Evans, Mark C. Bannister
The Meaning And Purposes Of State Constitutional Single Subject Rules: A Survey Of States And The Indiana Example, Justin W. Evans, Mark C. Bannister
Valparaiso University Law Review
No abstract provided.
Extensive Food Adulteration In Bangladesh: A Violation Of Fundamental Human Rights And The State’S Binding Obligations, S M. Solaiman, Abu Noman Mohammad Atahar Ali
Extensive Food Adulteration In Bangladesh: A Violation Of Fundamental Human Rights And The State’S Binding Obligations, S M. Solaiman, Abu Noman Mohammad Atahar Ali
Faculty of Law, Humanities and the Arts - Papers (Archive)
© The Author(s) 2014. The right to life is inherently connected with the right to food which implies that any foodstuff be nutritious and safe. The government of Bangladesh bears binding obligations to protect these rights under both international human rights instruments and its national constitution. The violation of these rights has, nonetheless, been commonplace causing numerous human deaths and terminal diseases. The perpetrators have been adulterating foods, flouting laws with impunity and taking advantage of regulatory impotence and governmental lenience for decades. Laws exist in books, regulators subsist in theory, but consumers die without remedies. This situation must not …
Section 365 Of The Bankruptcy Code Preempts Provisions Of State Dealer Statutes, Andrew Ziemianski
Section 365 Of The Bankruptcy Code Preempts Provisions Of State Dealer Statutes, Andrew Ziemianski
Bankruptcy Research Library
(Excerpt)
In bankruptcy proceedings, the rejection of an executory contract by a trustee under section 365 of the Bankruptcy Code constitutes a prepetition breach of contract, which gives rise to a general unsecured claim. The rejection damages claim, which is governed by state common law, will generally not be paid in full in bankruptcy.
The Bankruptcy Code will impliedly preempt state statutes that impose additional statutory damages, as these statutes impose damages for economic benefit of the counterparty and “‘frustrate section 365’s purpose of giving a debtor the power to decide which contracts it will assume and assign or reject …