Law Commons^™

A Constitutional Hope: An Alternative Approach To The Right Of Privacy And Marijuana Laws Using Argentina As An Example, Kevin E. Szmuc

University of Miami International and Comparative Law Review

No abstract provided.

Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson

Research Data

This document, Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), 93 Wash. L. Rev. Online 2051 (2018), https://www.law.uw.edu/wlr/online-edition/scott-skinner-thompson, was published as an electronic supplement to the empirical study, Scott Skinner-Thompson, Privacy’s Double Standards, 93 Wash. L. Rev. 2051 (2018), available at https://scholar.law.colorado.edu/articles/1218/.

December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Continuing Disintegration of Politics in America“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Voluntary Sterilization Of Inmates For Reduced Prison Sentences, Elise B. Adams

Duke Journal of Gender Law & Policy

In May 2017, a Tennessee judge issued a standing order allowing inmates to receive thirty days’ jail credit in exchange for undergoing a voluntary sterilization procedure. Although the order was ultimately rescinded, this Article will address the constitutional and ethical concerns that a district court would have considered had the order not been rescinded. While inmates can always choose to waive their constitutional rights, the coercive nature of prisons—explained in the unconstitutional conditions doctrine—may compromise a prisoner’s ability to provide voluntary consent. The constitutionality of the order largely depends on the level of scrutiny a court applies. Regardless of the …

From Sex Objects To Sisters-In-Arms: Reducing Military Sexual Assault Through Integrated Basic Training And Housing, Gabrielle Lucero

Duke Journal of Gender Law & Policy

No abstract provided.

Journal Staff

Duke Journal of Gender Law & Policy

No abstract provided.

Using Federal Nondiscrimination Laws To Avoid Erisa: Securing Protection From Transgender Discrimination In Employee Health Benefit Plans, Bridget Schaaff

Duke Journal of Gender Law & Policy

Recent attempts to repeal the Affordable Care Act and the potential rollback of the interpretation of the protections the Act affords transgender people put transgender people at risk of being denied services and coverage for gender-affirming care. This Article provides advocates with alternative legal arguments to help employees bring claims when their employer provides a health benefit plan that discriminates on the basis of gender identity. These arguments can avoid the Employee Retirement Income Security Act’s broad preemption scheme and lack of nondiscrimination provisions. This Article proposes that, based on a narrow exception to preemption regarding the Employee Retirement Income …

Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola

University of Miami International and Comparative Law Review

International law has always been contested. In recent years, however, competition between States to influence the trajectory of international law has intensified. Unfortunately, most international lawyers and policy makers still employ an impoverished understanding of the way in which international law is created (i.e., through formal international negotiations or as developed through custom). In this article, I argue that this formalist perspective neglects the foundational role of domestic lawmaking and regulation in the development of international law. Indeed, this paper shows that domestic action has historically been a direct causal antecedent to international legal regimes, and concludes that States must …

The Durand Line: Analysis Of The Legal Status Of The Disputed Afghanistan-Pakistan Frontier, Bijan Omrani

University of Miami International and Comparative Law Review

No abstract provided.

1927- Digest Of Decisions Of The Department Of The Interior In Cases Relating To The Public Lands, Part 2, Volumes 1 To 50, Inclusive

US Government Legislation and Statutes

Compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

2013 - Greater Monterey County Integrated Regional Water Management - Disadvantaged Community And Tribal Needs Assessment

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

A 2013 Disadvantaged Community and Tribal Needs Assessment as they relate to water management in the Greater Monterey County Integrated Regional Water Management process in the planning region thus informing future project development.

Immigration Law Under The Mclachlin Court, Catherine Dauvergne

All Faculty Publications

No abstract provided.

Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald

University of Miami International and Comparative Law Review

State parties to the Rome Statute submit to the jurisdiction of the International Criminal Court (ICC). This permanent and autonomous Court tries individuals for heinous international crimes, including crimes against humanity (CAH). Crimes such as murder, imprisonment, or torture, when committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, are known as CAH. Under the Statute, national jurisdictions are primarily responsible for investigating and prosecuting those responsible for international crimes. So, before it can assert jurisdiction, the ICC must determine that a state party is unwilling or unable to prosecute …

Enabling Retrospective Application Of The Denial Of Benefits Clause: An Analysis Of Decisions Of Tribunals Under The Energy Charter Treaty, Ramya Ramachanderan

University of Miami International and Comparative Law Review

No abstract provided.

1885 - Decisions Of The Department Of Interior And General Land Office From July 1884 To June 1885

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1897 - Decisions Of Department Of Interior And General Land Office From January 1897 To June 1897

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1904 - Decisions Of The Department Of Interior And General Land Office From January 1904 Through May 1904

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1928 - Digest Of Decisions Of The Department Of The Interior In Cases Relating To The Public Lands (Indian Matters Included), Part I, Volumes 41-51, Inclusive

US Government Legislation and Statutes

Compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

Mapping Territorial Limitations On Insurance Coverage, Douglas R. Richmond

San Diego Law Review

Globalization has come to financial markets and to innumerable industries. U.S. businesses export and import goods and products; many have done so for decades. Domestic companies that sell materials online almost certainly do some international business. American corporations have foreign facilities or operations. Americans travel internationally with relative ease. For those living in states that adjoin Canada or Mexico, international travel can be accomplished simply by driving across the border.

At the same time, insurance policies sold in the United States frequently contain territorial limitations on coverage that superficially seem out of place when compared to many aspects of modern …

A Grand Challenges-Based Research Agenda For Scholarly Communication And Information Science [Mit Grand Challenge Pubpub Participation Platform], Micah Altman, Chris Bourg

Copyright, Fair Use, Scholarly Communication, etc.

Identifying Grand Challenges

A global and multidisciplinary community of stakeholders came together in March 2018 to identify, scope, and prioritize a common vision for specific grand research challenges related to the fields of information science and scholarly communications. The participants included domain researchers in academia, practitioners, and those who are aiming to democratize scholarship. An explicit goal of the summit was to identify research needs related to barriers in the development of scalable, interoperable, socially beneficial, and equitable systems for scholarly information; and to explore the development of non-market approaches to governing the scholarly knowledge ecosystem.

To spur discussion and …

1901 - Decisions Of The Department Of Interior And General Land Office From May 1, 1900 To June 30, 1901

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1898 - Decisions Of The Department Of Interior And General Land Office From July 1897 To December 1897

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1894 - Decisions Of Department Of Interior And General Land Office From July 1, 1893 To December 31, 1893

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1908 - Decisions Of The Department Of Interior And General Land Office, July 1, 1907 - June 30, 1908

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1913 - Digest Of Decisions Of The Department Of The Interior An General Land Office In Cases Relating To Public Lands, Volumes 1 To 40, Inclusive, Part 1 And Part 2

US Government Legislation and Statutes

Compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

1906 - Decisions Of Department Of Interior And General Land Office, July 1, 1905 To June 30, 1906

US Government Legislation and Statutes

A compilation of the decisions of the Department of Interior and General Land Office concerning the administration of the United States public land laws.

The Rational Basis Test And Why It Is So Irrational: An Eighty-Year Retrospective, James M. Mcgoldrick Jr.

San Diego Law Review

The Rational Basis test is one of the most common and yet perhaps the most insignificant United States Supreme Court test in the history of the constitution, yet year in year out clients and lawyers will submit another brief hoping against hope that this time there might be a meaningful outcome. There will not be.

This article attempts to explain why the rational basis test is so irrational in its outcome, why basic interests are disregarded in the name of judicial respect for the legislative process, and how easy it would be for there to be a better outcome. The …

Are Passive Index Funds Active Owners? Corporate Governance Consequences Of Passive Investing, Giovanni Strampelli

San Diego Law Review

The exponential rise of mutual funds designed to track stock indices has been one of the drivers behind the re-concentration of ownership of listed companies in the United States. Because of the high concentration of the passive index funds industry, the three leading passive fund managers—BlackRock, Vanguard, and State Street—make up an increasingly important component of the shareholder base of listed companies. In spite of this however, it remains questionable whether they are actually interested in playing an active role in the corporate governance of investee companies. In fact, although passive investors are, by definition, focused on the long term …

Incentivizing Transparency: Agricultural Benefit Corporations To Improve Consumer Trust, Kathryn Smith

San Diego Law Review

In the face of inadequate, often abysmal agricultural practices and laws that enable them, producers who provide the social good of transparency should receive a benefit. Amidst the debate that all benefit corporations should qualify for special tax treatment, this Comment proposes the development of a federal benefit corporation class offering special tax treatment to worthy agricultural producers. By reallocating current agricultural subsidies, Congress can feasibly correct the agricultural industry’s failure to adequately inform consumers.

A Survivor’S Tale: Mcdonnell Douglas In A Post-Nassar World, Joss Teal

San Diego Law Review

This Comment examines the circuit split that has developed over the application of but-for causation in Title VII retaliation claims. Following a brief look into the traditional requirements of a Title VII retaliation plaintiff, Part II assesses the 2013 Supreme Court holding that established but-for causation as the required causation standard and surveys courts of appeal holdings in its wake. After examining policy considerations and arguments put forward for each position in Part III, this Comment clarifies the misperception that the McDonnell Douglas framework necessarily proves but-for causation. In Part IV, this Comment proposes that the Supreme Court should rectify …