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Articles 1 - 12 of 12
Full-Text Articles in Law
We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier
We(Ed) Hold These Truths To Be Self Evident: All Things Cannabis Are Inequitable, Garrett I. Halydier
University of Massachusetts Law Review
Current approaches to social equity in the cannabis industry continue to fail to promote racial equity while simultaneously exacerbating gender, environmental, and other inequities. To better understand the structural dynamics underlying this phenomenon, I first present a multi-disciplinary recounting of not only the racial inequities, but also the stigma, business, research, energy, sex and gender, hemp, and international inequities of the War on Drugs. This serves as the foundation for a compilation of the structural and theoretical reasons for how current social equity policies, whether targeting the cannabis industry, community reinvestment, social justice, or access equity, will only continue to …
The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison
The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison
University of Massachusetts Law Review
This Article investigates the impact of the Kirtsaeng decision. After discussing the first sale doctrine, this Article presents the issues around implementing a worldwide first sale doctrine. International treaties attempt to ensure that authors can benefit from their work by affording them similar protections in different jurisdictions. But a worldwide first sale exhaustion limits the ability of copyright holders to profit from their work because it allows the author to compete with its own work that had been priced differently in different jurisdictions. Finally, this Article tests whether, in the United States, the price of textbooks has been affected by …
Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates
Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates
University of Massachusetts Law Review
Manifest disregard is a common law reason for not enforcing an arbitration award. This principle applies when the arbitrator knew and understood the law, but the arbitrator disregarded the applicable law. Presently, the United States Supreme Court has not made a definite decision on whether manifest disregard is still a valid reason for vacating the award (known as “vacatur”), and the Court is highly deferential to arbitrator decisions. Consequently, the lower courts are split on the issue. For international commercial arbitration awards, manifest disregard can only apply to a foreign award that is decided under United States law or in …
Babies Aren't U.S., Zachary J. Devlin
Babies Aren't U.S., Zachary J. Devlin
University of Massachusetts Law Review
Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …
Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba
Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba
University of Massachusetts Law Review
In an era where immigration and asylum is at the forefront of many western nationals’ minds, so too should be the reasons behind an individual’s intent to seek refuge in a new country. Statistics have shown that one of the pragmatic reasons women and girls, particularly from Middle Eastern and African nations, seek refuge through western asylum programs is to escape or recover from Female Genital Mutilation (FGM). While the practice has been a longstanding tradition in various communities around the world, modern western governments and international entities have moved to abolish the tradition completely, given its alarming implications against …
Beyond Punks In Empty Chairs: An Imaginary Conversation With Clint Eastwood’S Dirty Harry—Toward Peace Through Spiritual Justice, Mark L. Jones
Beyond Punks In Empty Chairs: An Imaginary Conversation With Clint Eastwood’S Dirty Harry—Toward Peace Through Spiritual Justice, Mark L. Jones
University of Massachusetts Law Review
This Article is based on a presentation at the 2012 conference on “Struggles for Recognition: Individuals, Peoples, and States” co-sponsored by Mercer University, the Concerned Philosophers for Peace, and the Carnegie Council for Ethics in International Affairs, and it seeks to help combat our human tendency to demonize the Other and thus to contribute in some small way to the reduction of unnecessary conflict and violence. The discussion takes the form of a conversation in a bar between four imagined protagonists, who have participated in the conference, and Clint Eastwood’s Dirty Harry, who is having a bad day questioning his …
American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott
American Punitive Damages Vs. Compensatory Damages In Promoting Enforcement In Democratic Nations Of Civil Judgements To Deter State-Sponsors Of Terrorism, Jeffrey F. Addicott
University of Massachusetts Law Review
Unfortunately, while the United States has established several legal avenues for civil litigation by private citizens of terror attacks against States that sponsor terrorism, a major stumbling block in terms of effectiveness rests in the reality that fellow democratic nations in the international community refuse to honor or domesticate the monetary judgments of American courts. Acknowledging that there are a plethora of political and legal obstacles associated with establishing a workable mechanism for fellow democracies to enforce the “terror” judgments of American courts, one reason that is often raised by critics is the strong objection to the matter of American …
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott
University of Massachusetts Law Review
This article will first set out a brief history and description of the airfield at Bagram and the detention facilities there. Second, it will explore the standards under international law and the implement ation of national regulations by which the detention status of individuals detained by U.S. military forces is determined, when such individuals may be released from detention, and the significance of the evolving concept of transnational armed conflict to these determinations. Third, it will review the U.S. Supreme Court‘s decision in Boumediene, explore the Court‘s analysis in reaching its decision, and identify what the Court found to be …
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 …
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
A Square Peg Into A Round Hole: Trade Dress Protection Of Websites, The Perspective Of The Consumer And The Dilemma For The Courts, Amber R. Cohen
University of Massachusetts Law Review
This Note explores the legalities of trade dress protection for a website, the enforcement of such protection, and what is necessary to protect the “look and feel” of a website. Further, this Note claims it is nearly impossible to protect the “look and feel” of a website because the functionality of the site will always trump protection.
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
Computer Programs Under The United States Intellectual Property System: Sui Generis Legislation Is Needed, Joseph Francis Agnelli, Iii
University of Massachusetts Law Review
Section I of this article explores the different avenues of intellectual property protection presently available for computer software here in the United States. Section II then discusses how the European Community has resolved the computer program crisis under European intellectual property law. Lastly, section III will illustrate why sui generis legislation would be the paramount way for Congress to attack the intricacy that is created by computer programs under American intellectual property law.