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Full-Text Articles in Law

Human Rights, Environmental Justice, Social Justice, Faith Values And Ethics: Building Stronger Partnerships For The Common Good By Understanding The Differences, Theresa Harris, Leanne M. Jablonski, Sarah Fortner, Malcolm Daniels Oct 2019

Human Rights, Environmental Justice, Social Justice, Faith Values And Ethics: Building Stronger Partnerships For The Common Good By Understanding The Differences, Theresa Harris, Leanne M. Jablonski, Sarah Fortner, Malcolm Daniels

Biennial Conference: The Social Practice of Human Rights

Partnerships between human rights practitioners, local communities, scientists, engineers, and health professionals have shown potential to address deeply rooted, systemic human rights concerns. These collaborations are essential for achieving the UN Sustainable Development Goals (SDGs), and for engaging the perspectives and expertise of all constituents. However, even when the individuals in these partnerships or the organizations they represent have common goals, their motivations, analyses, and solutions often come from different perspectives. Members of good will can inadvertently alienate one another when attempting to work together. The fields of human rights, social justice, environmental justice, and ethics have each developed their …


Deep Fakes: Preserving Truth & Human Rights In An Era Of Truth Decay, Virginia Kozemczak Oct 2019

Deep Fakes: Preserving Truth & Human Rights In An Era Of Truth Decay, Virginia Kozemczak

Biennial Conference: The Social Practice of Human Rights

Lawmakers, technology companies, and the general public are increasingly concerned about the prevalence of “deep fake” videos. Often shared on social media platforms, these digitally altered videos are made possible with recent advances in machine learning and artificial intelligence.

Although altered and faked media content is not necessarily a new issue, images and videos can now be altered quickly, cheaply, and more convincingly than ever before. An underlying concern is that platforms will be overwhelmed with believable deep fakes, leaving Internet users struggling to discern fact from fiction. Yet a future in which no one call tell what is real …


Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed Oct 2019

Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed

Biennial Conference: The Social Practice of Human Rights

Despite its emancipatory potential, human rights remains locked in a form of epistemic coloniality that defers to Euro-American knowledge and reinforces anthropocentric exceptionalism. In order to employ human rights as a source of emancipation, human rights must itself be emancipated—it must be decolonized. Drawing on the notion of 'decoloniality' as a framework that advances radical possibilities by delinking from structural racism, patriarchy and class embedded in capitalism and Western modernity, a typology of human rights as sovereignty, disruption, and tactics is developed as a way of understanding human rights from the position of the colonized.


Does The Right To Equality Extend To Economic And Social Rights?, Gillian Macnaughton Oct 2019

Does The Right To Equality Extend To Economic And Social Rights?, Gillian Macnaughton

Biennial Conference: The Social Practice of Human Rights

We are familiar with ‘equality before the law' and ‘one-person-one-vote’ as standards of the right to equality in international and domestic law. These standards address equality of civil and political rights. This paper considers whether the right to equality in international human rights law extends to economic and social rights as well. Article 1 of the Universal Declaration of Human Rights states “All human beings are born free and equal in dignity and human rights.” On its face, this article appears to require equality of all rights – including economic and social rights. Yet, many human rights scholars maintain that …


Mapping The Courts: Understanding The Due Process Application In Campus Investigations, Leslie Gomez, Gina Maisto Smith, Maureen Holland Jun 2019

Mapping The Courts: Understanding The Due Process Application In Campus Investigations, Leslie Gomez, Gina Maisto Smith, Maureen Holland

Title IX Summit

This session will address the emerging case law across the country that is shaping the future of college and university disciplinary proceedings. It will examine recent holdings on due process, the right to confrontation and cross-examination, and other investigative challenges. This session will provide an overview of investigative models and discuss the pros and cons of single investigator, hearing and hybrid models in the face of evolving expectations. The session will also consider the impact of OCR guidance and direction, provide examples of effective policies and procedures, and offer practical implementation advice.


Supporting Lgbtq+ Survivors On Campus, Molly Sapia, Ethan Levine Jun 2019

Supporting Lgbtq+ Survivors On Campus, Molly Sapia, Ethan Levine

Title IX Summit

Back by popular demand, last year's Supporting LGBTQ+ Survivors on Campus has been revamped for the new state of Title IX. Historically, Title IX protections have provided a much-needed resource for addressing sexual violence on campus. However, the benefits of Title IX may not apply equally to all students in practice. This workshop will discuss how the history of Title IX raises questions about its applicability for all sexual violence, and ultimately explore strategies for addressing sexual violence in lesbian, gay, bisexual, trans, and queer (LGBTQ+) communities. How effectively does Title IX address same-sex violence? What other policy and programmatic …


Cyber Sexual Misconduct, Matthew Finley, Sarah Williamson Jun 2019

Cyber Sexual Misconduct, Matthew Finley, Sarah Williamson

Title IX Summit

Students are spending more time online than ever before and sexual misconduct now traverses both the physical and digital worlds. This workshop will review three mediums of cyber sexual misconduct; camming, sextortion, and revenge porn. We will review conceptual definitions, the digital tools used by college students, online vernacular, and Title IX implications including implications from coercion in cyber sexual misconduct. We will conclude by reviewing best practices for evidence collection in these complex cases. This topic is pressing as recent studies show that at least 33% of college aged students participate in sexting and that of those who receive …


Don’T Be Afraid To Catch Feels: Facilitating A Healthy Relationship Series For Students, Laura Luciano, Julie Millisky Jun 2019

Don’T Be Afraid To Catch Feels: Facilitating A Healthy Relationship Series For Students, Laura Luciano, Julie Millisky

Title IX Summit

This is a two-part workshop providing participants with the tools to replicate a four-part healthy relationship series on their campus. Presenters will share their experience creating and facilitating this series for students. Participants will engage in an activity from each of the four workshops. Presenters will also share information about effectiveness based on evaluation and future plans to create additional sessions. Don’t be Afraid to Catch Feels was created to address intimate partner violence by using a primary prevention approach. This series was designed to provide students with a space to consider their own choices when engaging in emotional, sexual, …


Legal Foundations Of College Judicial Processes, Laura Valente Jun 2019

Legal Foundations Of College Judicial Processes, Laura Valente

Title IX Summit

Many staff members working within the realm of Title IX come to this work through student support functions and may not have a solid foundation of the key legal concepts around college judicial systems. Understanding what is required in all student conduct cases will assist in providing the best possible Title IX adjudication processes. This workshop will examine: Constitutional rights for students at public institutions; Contractual considerations at both private and public institutions; Key Supreme Court decisions; Federal Statutes (ADA, Title IX, Section 504, Civil Rights Act, FERPA). Participants will have the opportunity to learn the requirements guiding the adjudication …


What Does Effective Training And Education On Sexual Violence Look Like?, Brooke Mascagni, Emily Ralph Jun 2019

What Does Effective Training And Education On Sexual Violence Look Like?, Brooke Mascagni, Emily Ralph

Title IX Summit

The Obama-era OCR guidelines attempted to eradicate rape culture on college campuses through Title IX compliance. But compliance alone, in light of the Trump administration's proposed new rules, will lessen colleges' liability and potentially create traumatic circumstances for survivors of sexual violence in the adjudication process. In this highly polarized political environment, we must prioritize building trust among students, faculty members, and community practitioners who specialize in gender-based violence. Our most vulnerable students–– women, particularly women of color, and LGBTQ & gender non-conforming–– need a proper institutional response from college administrators to balance the scales of power. In this talk, …


Reluctant Witnesses: Best Practices For Engaging Individuals In Challenging Title Ix Investigations, Dan Schorr, Alyssa-Rae Mcginn Jun 2019

Reluctant Witnesses: Best Practices For Engaging Individuals In Challenging Title Ix Investigations, Dan Schorr, Alyssa-Rae Mcginn

Title IX Summit

Participating in a sexual misconduct or harassment investigation as a party or witness is difficult, and it often involves sharing information that is uncomfortable, personal, and triggering. Title IX and sexual misconduct investigations are rooted in interviews with those holding important knowledge of the events in question, but when interviewees are reluctant to speak or do not wish to be forthcoming, the investigative process suffers. This session provides guidance for gaining the participation of a reluctant party or witness, including making a good first impression, establishing rapport and trust, framing questions in order to obtain the right information, and communicating …


The Changing Landscape Of Title Ix: How Regulations And Case Law Have Impacted Policies And Procedures, Patricia Hammill, Lorie Dakessian Jun 2019

The Changing Landscape Of Title Ix: How Regulations And Case Law Have Impacted Policies And Procedures, Patricia Hammill, Lorie Dakessian

Title IX Summit

Experienced panelists in misconduct proceedings and in ensuing litigation against colleges and universities share their perspective on the changing landscape of Title IX policies and procedures. This session will provide an overview of the key components of the regulations proposed by the Department of Education in November 2018; discuss the implications of the proposed regulations at colleges and universities; the anticipated timeline for implementation; and what participants can do while the proposed regulations are pending. The panelists will share their experiences with the reactions of HE institutions to the September 2017 Interim Guidance and controversy surrounding the Department’s 2018 proposed …


Ag Guidelines: Standards For Providing Services To Victims Of Sexual Assault, Eileen Caraker Jun 2019

Ag Guidelines: Standards For Providing Services To Victims Of Sexual Assault, Eileen Caraker

Title IX Summit

The Attorney General guidelines provide multidisciplinary services to a victim centered approach to providing services to survivors of sexual assault. Topics include safety, respecting the integrity, choices and autonomy of victims, protecting victims’ privacy and confidential information, and garnering victim feedback to improve services. Uniform services to sexual assault victims statewide including timely medical forensic exams and the Sexual Assault Response Team services will be reviewed. An overview of law enforcement and role of the Forensic Nurse including SAFE kit, Tox kit, HOLD kit will also be discussed.


Expanding Faculty Knowledge On Title Ix, Bill Spear, Amy Miele, Carianne Kurabinski, Jackie Moran Jun 2019

Expanding Faculty Knowledge On Title Ix, Bill Spear, Amy Miele, Carianne Kurabinski, Jackie Moran

Title IX Summit

Having trouble engaging faculty in Title IX-related work? This session will go over tactics to better collaborate with faculty and offer them resources on how to support students. This session focuses on innovative ways to collaborate with faculty and remind them of their Title IX requirements. Learn how to create engaging presentations for smaller audiences and trauma-informed Title IX materials that are easy to distribute on a larger scale. While this session is geared towards medium to large institutions, information for small schools will also be shared.


Who Really Got A Bad Break? A Critical Analysis Of The Bahamas’ Gaming Act No. 40 Of 2014 And The Treatment Of “Bad Actors” Thereunder, Crystal Corbett Knowles May 2019

Who Really Got A Bad Break? A Critical Analysis Of The Bahamas’ Gaming Act No. 40 Of 2014 And The Treatment Of “Bad Actors” Thereunder, Crystal Corbett Knowles

International Conference on Gambling & Risk Taking

No abstract provided.


The Just And The Unjust: Ernest Hemingway And Protest Literature In Response To Civil Disobedience In The Context Of The Two World Wars, Trang Hoang May 2019

The Just And The Unjust: Ernest Hemingway And Protest Literature In Response To Civil Disobedience In The Context Of The Two World Wars, Trang Hoang

Celebration of Learning

By obeying unjust laws, human beings give up their own opportunity to live in a humane world. Henceforth, the two World Wars stand remarkably as situations that conscience of morality has to be placed on top of obedience to ensure the essence of human existence, and a failure to do so led to not only the deaths and exhaustions worldwide but also the collapse of human love and human responsibility to love. Protest literature, especially Ernest Hemingway's novels allow people to reflect on this philosophy through an artistically credible lens.


Gambling And Tourism In South America: An Analysis Of Resort Casinos Evolution And Legislation Comparison In The Continent, Dario Luiz Paixao, Bo Jason Bernhard, Angelica Molteni Paixao, Jose Manoel Goncalves Gandara May 2019

Gambling And Tourism In South America: An Analysis Of Resort Casinos Evolution And Legislation Comparison In The Continent, Dario Luiz Paixao, Bo Jason Bernhard, Angelica Molteni Paixao, Jose Manoel Goncalves Gandara

International Conference on Gambling & Risk Taking

Abstract

Gambling and tourism industries have been developed by South American governments as a way of generating jobs and revenues. Of all kinds of gambling activities, casinos are the most commonly associated with the hospitality industry. Hotel and resort casinos can be found in every SA country (Argentina, Bolivia, Chile, Colombia, Ecuador, French Guyana, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela) except for Brazil, a two hundred million consumers market that prohibited casinos back in 1946. The purpose of this paper is to better understand the resort casinos evolution in these territories and also to compare legislation aiming to predict …


Easy Money, Elite Anxiety And Rome's First Anti-Gambling Law, Suzanne B. Faris Phd May 2019

Easy Money, Elite Anxiety And Rome's First Anti-Gambling Law, Suzanne B. Faris Phd

International Conference on Gambling & Risk Taking

No abstract provided.


In Search Of Equilibrium – How Regulatory Changes Impact The Gambling Industry In Poland, Sebastian Meitz, Stanisław Pogorzelski, Przemysław Bloch May 2019

In Search Of Equilibrium – How Regulatory Changes Impact The Gambling Industry In Poland, Sebastian Meitz, Stanisław Pogorzelski, Przemysław Bloch

International Conference on Gambling & Risk Taking

The so-called Polish “gambling affair” of 2009 resulted in the adoption of a new Act on Gambling. The regulation significantly changed the legal environment in Poland. It was also the starting point of what we identified as the search of equilibrium - a number of further legislative changes aimed at creating a sustainable environment for gambling. Some market segments became delegalized, some monopolized, and others liberalized. The Polish Ministry of Finance and the parliament tried to find the right balance between consumer protection, business growth, and government revenue. A goal that is still to be achieved.

This article examines the …


What Is A Game Of Chance? An Application To Loot Boxes, Wessel Oomens May 2019

What Is A Game Of Chance? An Application To Loot Boxes, Wessel Oomens

International Conference on Gambling & Risk Taking

The traditional landscape of games of chance such as lotteries, betting, casinos and slots has become intertwined with complex financial products as well as digital games with elements of chance.

The Netherlands Gambling Authority has issued a guidance paper outlining a five-step decision process in order to determine whether a game classifies as gambling:

  • Threshold: is the number of providers, players and the amount money involved considerable enough to warrant spending resources in assessing the game?
  • Overlap: is there potential overlap with other rules and regulations, in particular those governing financial products?
  • Prize: does the game award its winners with …


Anti Money Laundering And (Online) Gaming: How To Implement Broad And Indistinct Aml Notions - Regulatory Experiences From Europe, Simon Planzer May 2019

Anti Money Laundering And (Online) Gaming: How To Implement Broad And Indistinct Aml Notions - Regulatory Experiences From Europe, Simon Planzer

International Conference on Gambling & Risk Taking

Target audience:

Gaming regulators, gaming companies (notably compliance officers), scholars.

Research questions:

This UNLV supported research project has combined valuable inputs from international AML experts, gaming regulators with significant online and AML experience and AML literature alike. It has notably addressed the following questions:

  • How are broad and indistinct AML notions - referring to higher money laundering risk constellations - to be interpreted in the (online) gaming sector specifically?
  • How can regulators implement these AML notions proportionately (effectiveness without unnecessary regulatory over-kill)?
  • What solutions are available to mitigate the AML risks?

Research background:

Both gaming regulators and gaming companies are …


Analyzing The Efficiency Of Response To News Regarding Legalization Of Sports Wagering, Kevin Krieger, Justin L. Davis May 2019

Analyzing The Efficiency Of Response To News Regarding Legalization Of Sports Wagering, Kevin Krieger, Justin L. Davis

International Conference on Gambling & Risk Taking

A landmark decision (Murphy v. NCAA) by the Supreme Court of the United States (SCOTUS) in 2018 ruled the federal government could not prohibit states from allowing sports wagering. While the implications of this decision are far reaching at both an industry and societal level, our study assesses the market response to information available throughout the various phases leading up to this decision by SCOTUS. The timeline of events preceding the SCOTUS decision is tracked, and stock performances of relevant, publicly traded firms are analyzed across three inflection points. Findings suggest the market failed to adequately acknowledge key …


Skill-Based Gambling Machines: Consumer Attitudes And Capacity For Informed Choice, Sally M. Gainsbury, Kahlil Philander Ph.D., Georgia Grattan Ms May 2019

Skill-Based Gambling Machines: Consumer Attitudes And Capacity For Informed Choice, Sally M. Gainsbury, Kahlil Philander Ph.D., Georgia Grattan Ms

International Conference on Gambling & Risk Taking

Abstract

Skill-based gambling machines combine elements of video games (skill, social interaction, competition, achievement and progress) with the random pay-out schedule of electronic gaming machines (EGMs, slots, pokies, VLTs, FOBTS). These new machines are designed to be more engaging than traditional EGMs and specifically appeal to younger generations to address the aging EGM player base apparent in many international jurisdictions. Skill-based gambling machines are currently only legally-provided in a handful of U.S. states. International regulators have expressed concerns regarding the potential for machines to lead to harms due to players misunderstanding the extent to which skill can influence outcomes (illusions …


Are Gaming Concessions Obsolete? A Comparative Study Of Macau And Portugal, Jorge Godinho May 2019

Are Gaming Concessions Obsolete? A Comparative Study Of Macau And Portugal, Jorge Godinho

International Conference on Gambling & Risk Taking

Abstract

The concept of a concession for the operation of games of chance is the legal basis of the largest casino gaming industry in the world, that of the Macau Special Administrative Region of the People’s Republic of China. This concept, in its modern form, came to Macau in 1961, from Portuguese law, where it was started in 1927.

This paper has two main goals.

The first is to sumarize the evolution of concessions of games of chance in Portugal and Macau, covering the common legal and conceptual basis in both systems, highlighting the similarities and differences, especially regarding the …


Will Junket Business Change Significantly In Macao?, Changbin Wang, Changbin Wang May 2019

Will Junket Business Change Significantly In Macao?, Changbin Wang, Changbin Wang

International Conference on Gambling & Risk Taking

Will Junket Business Change Significantly in Macao?

Changbin Wang

Professor, Gaming Teaching & Research Center

Macao Polytechnic Institute

Abstract

The unique junket business which has lasted nearly four decades in Macao and has brought more than a half, actually 60%-70% in most of the years, of the gaming revenues to Macao since 2002 is jeopardized due to a couple of factors. First, Macao government has put on stricter regulations after Huang Shan, a junket who brought high rollers from Mainland China to Macao, disappeared in 2014 leaving massive debts, and an accountant in the Dore-operated VIP room at the Wynn …


Gambling Treatment Diversion Court: First In Nevada, Denise F. Quirk Ma, Carol O'Hare, Cheryl Moss Jd, Dayvid Figler Esq., Sydney Smith M.A. May 2019

Gambling Treatment Diversion Court: First In Nevada, Denise F. Quirk Ma, Carol O'Hare, Cheryl Moss Jd, Dayvid Figler Esq., Sydney Smith M.A.

International Conference on Gambling & Risk Taking

The first Gambling Treatment Diversion Court was established in Las Vegas, Nevada in fall of 2018 following more than 25 years of effort by passionately concerned non-profit Executives, therapists, lawyers and judges. This panel represents one leader from each of those areas, including Judge Cheryl Moss, the first judge to open the Gambling Treatment Diversion Court (GTDC), Dayvid Figler, the first attorney to successfully represent a gambling client and refer her to the GTDC, Carol O'Hare, Executive Director of the non-profit Nevada Council on Problem Gambler with 25+ years leadership and advocacy for problem gamblers, Sydney Smith, M.A., Clinical Director …


Sports Betting And Indian Gaming: Overcoming Barriers To Market Entry And Integration Of Sports Books Into Tribal Casinos, Steve Light May 2019

Sports Betting And Indian Gaming: Overcoming Barriers To Market Entry And Integration Of Sports Books Into Tribal Casinos, Steve Light

International Conference on Gambling & Risk Taking

Abstract

Even before the U.S. Supreme Court issued its decision In Murphy v. NCAA (2018) permitting states to legalize sports wagering, the biggest brand-names in gaming worldwide were positioning themselves to capitalize on the fan base for America’s most recognizable sports leagues.

Sports wagering already is up and running in five states; analysts predict that more than half the states will legalize it within five years. Many will be among the 29 states that currently have casinos owned and operated by American Indian tribes in this $32.4 billion market segment.

There is no firm sense and little data pointing to …


Assent To Terms In Consumer Contracts, Anthony J. Majestro Esq. May 2019

Assent To Terms In Consumer Contracts, Anthony J. Majestro Esq.

Center for Consumer Law and Education Events

No abstract provided.


The West Virginia Consumer Credit & Protection Act, Sandra M. Murphy Esq. May 2019

The West Virginia Consumer Credit & Protection Act, Sandra M. Murphy Esq.

Center for Consumer Law and Education Events

No abstract provided.


Cfpb Proposed Rule-Making Highlights, Bruce M. Jacobs Esq. May 2019

Cfpb Proposed Rule-Making Highlights, Bruce M. Jacobs Esq.

Center for Consumer Law and Education Events

No abstract provided.