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Full-Text Articles in Law

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ Mar 3004

Secrets On The Texas-Mexico Border: Leiva Et Al. V. Ranch RescuE And Rodriguez Et Al. V. Ranch Rescue And The Right Of Undocumented Aliens To Bring Suit, Brooke H. Russ

University of Miami Inter-American Law Review

No abstract provided.


The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman Sep 2917

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

Florida State University Law Review

In 2017, the U.S. Senate confirmed Neil M. Gorsuch’s nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch’s primary area of expertise is anti-trust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court’s leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to ...


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


The Fed Of The Future: A Framework To Optimize Short-Term Lending Practices, Emma Macfarlane, Karin Thrasher Dec 2022

The Fed Of The Future: A Framework To Optimize Short-Term Lending Practices, Emma Macfarlane, Karin Thrasher

University of Michigan Journal of Law Reform

Underbanked individuals currently face significant risk when accessing short-term credit. While payday loans are the least expensive short-term credit option when compared to alternatives like overdraft fees, they can also have an extraordinarily high cost of borrowing. Unable to pay the cost of the loan, borrowers often find themselves in a vicious cycle that drives them further into debt. This Note sets forth a proposal as to how payday loans can be better regulated to create affordable access to short-term credit. Specifically, this Note advocates for congressional and Federal Reserve intervention in the payday lending market.

This Note first analyzes ...


The Times They Are A-Changin’?: #Metoo And Our Movement Forward, Terry Morehead Dworkin, Cindy A. Schipani Dec 2022

The Times They Are A-Changin’?: #Metoo And Our Movement Forward, Terry Morehead Dworkin, Cindy A. Schipani

University of Michigan Journal of Law Reform

Social movements like #MeToo have gained public traction like never before. In this Article, we place those developments within their historical context and chart a path forward. First, we provide a history of the prior unsuccessful attempts to ratify an Equal Rights Amendment, and we discuss that effort’s current legal status and prospects. Then, we briefly review the history of sexual harassment law. Having outlined this historical context, we move to contemporary developments. We describe actions that state legislatures and local municipalities have taken to address the concerns raised by the #MeToo movement. Finally, we discuss how inflection points ...


Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine Dec 2022

Textualism And The Indian Canons Of Statutory Construction, Alex Tallchief Skibine

University of Michigan Journal of Law Reform

When interpreting statutes enacted for the benefit or regulation of Indians or construing treaties signed with Indian nations, courts are supposed to apply any of five specific canons of construction relating to Indian Affairs. Through examining the modern line of Supreme Court cases involving statutory or treaty interpretation relating to Indian nations, this Article demonstrates that the Court has generally been faithful in applying canons relating to treaty interpretation or abrogation. The Court has also respected the canon requiring unequivocal expression of congressional intent before finding an abrogation of tribal sovereign immunity. However, there are two other canons that the ...


Take It With A Grain (Or More) Of Salt: Why Industry-Backed Dietary Guidelines Fail Americans And How To Fix Them., Caroline Farrington Dec 2022

Take It With A Grain (Or More) Of Salt: Why Industry-Backed Dietary Guidelines Fail Americans And How To Fix Them., Caroline Farrington

University of Michigan Journal of Law Reform

The U.S. Dietary Guidelines lack oversight and accountability. The result: Guidelines that reflect food industry interests instead of modern science. This deleterious guidance goes on to govern federally-subsidized food assistance programs and to influence dietary choices throughout the private sector and private life. Ultimately, the Guidelines significantly contribute to the endemic chronic disease they seek to address.

The Guidelines Advisory Committee is notoriously rife with conflicts of interest, and thus most Guidelines scholarship has focused on reforming the Committee. But the 2015 and 2020 Guidelines show that these reforms are insufficient and agency-level change is necessary. In 2015, the ...


Weathering State And Local Budget Storms: Fiscal Federalism With An Uncooperative Congress, David Gamage, Darien Shanske, Gladriel Shobe, Adam Thimmesch Dec 2022

Weathering State And Local Budget Storms: Fiscal Federalism With An Uncooperative Congress, David Gamage, Darien Shanske, Gladriel Shobe, Adam Thimmesch

University of Michigan Journal of Law Reform

Throughout most of 2020, state and local governments faced severe budget crises as a result of the COVID-19 pandemic. Increased demand for state welfare services and rising state expenses related to controlling the spread of COVID-19 stretched state and local budgets to their breaking points. At the same time, layoffs, business closures, and social distancing measures reduced states’ primary sources of tax revenues. The traditional practice of American fiscal federalism is for the federal government to step in to provide aid during a national emergency of this magnitude, because state and local governments lack the federal government’s monetary and ...


Trading Pain For Gain: Addressing Misaligned Interests In Prescription Drug Benefit Administration, Sheva J. Sanders, Jessica C. Wheeler Dec 2022

Trading Pain For Gain: Addressing Misaligned Interests In Prescription Drug Benefit Administration, Sheva J. Sanders, Jessica C. Wheeler

University of Michigan Journal of Law Reform

Over the last two decades, Pharmacy Benefit Managers (PBMs), organizations that act as middlemen between health plans and drug manufacturers, have become increasingly powerful players in the healthcare industry. PBMs promise to leverage their expertise and ability to aggregate buying power to negotiate lower drug prices and administer prescription drug benefit plans. In practice, however, PBMs are widely criticized for benefitting from, and contributing to, inefficiencies in the prescription drug market, particularly by imposing restrictions on beneficiary access to drugs in exchange for rebates paid to PBMs by manufacturers. To the extent that the rebates are retained by PBMs, or ...


Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden Oct 2022

Reshaping College Athlete Sports Betting Education, Becky Harris, John T. Holden

BYU Law Review

Legal sports wagering has been rapidly expanding across the United States since 2018. In the wake of the Supreme Court's Murphy decision, more than twenty five states have legalized sports betting and billions of dollars have followed the cascades of legalization. As the legal market continues to grow, professional sports leagues have been quick to embrace the regulated expansion, but the National Collegiate Athletic Association (NCAA) has not changed their steadfast opposition. Despite the NCAA's vehement opposition, the organization has seemed to gain little traction in getting states to either wholly exclude wagering on collegiate sports or getting ...


Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson Oct 2022

Discrimination Because Of Sex[Ual Orientation And Gender Identity]: The Necessity Of The Equality Act In The Wake Of Bostock V. Clayton County, Rachel Eric Johnson

BYU Law Review

No abstract provided.


Taxing Data, Omri Marian Oct 2022

Taxing Data, Omri Marian

BYU Law Review

The Article offers a new theory of tax on data collection and transmission as a primary source of government revenue. This tax does not depend on the monetary value of data. This "data tax" can supplement, and in some instances replace, income taxes. The data tax can (1) mitigate some of the failures of income taxes in a globalized data based economy, and (2) serve to alleviate some of the externalities of a data based economy. The Article advances the following four arguments. First, current challenges to tax systems stem largely from the fact that traditional models of taxation were ...


Systemic Risk Of Contract, Tal Kastner Oct 2022

Systemic Risk Of Contract, Tal Kastner

BYU Law Review

Complexity and uncertainty define our world, now more than ever. Scholars and practitioners have celebrated modular contract design as an especially effective tool to manage these challenges. Modularity divides complex structures into relatively discrete, independent components with simple connections. The benefits of this fundamental drafting approach are intuitive. Lawyers divide contracts into sections and provisions to make them easier to understand and reduce uncertainty. Dealmakers constructing complex transactions use portable agreements as building blocks to reduce drafting costs and enable innovation. Little attention, however, has been paid to the risks introduced by modularity in contracts. This Article demonstrates how this ...


Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling Oct 2022

Why The President Should Remain Commander In Chief Of The D.C. National Guard, Christopher F. Melling

BYU Law Review

No abstract provided.


Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch Oct 2022

Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation And Legislation, Miranda Hatch

BYU Law Review

No abstract provided.


The Realities Of Takings Litigation, Dave Owen Oct 2022

The Realities Of Takings Litigation, Dave Owen

BYU Law Review

This Article presents an empirical study of takings litigation against the United States. It reviews the cohort of takings cases filed against the federal government between 2000 and 2014, tracing each case from filing through final disposition. The result is a picture of takings litigation that is at odds with much of the conventional wisdom of the field. That conventional wisdom suggests that most takings cases will involve alleged regulatory takings; that the most intellectually challenging issues will arise within the field of regulatory takings; and, more broadly, that takings litigation will play an important role in the United States ...


An Overview Of The Regulations Of Corporate Social Responsibility (Csr) Labelled Product, Zaid Zaid Aug 2022

An Overview Of The Regulations Of Corporate Social Responsibility (Csr) Labelled Product, Zaid Zaid

Indonesia Law Review

Over the last 5 years, Indonesia has experienced an emergency of illegal products. Most of them are imported products that do not have adequate labeling standards which can adversely affect both domestic or national trade and stakeholders. On the other hand, product labels are one of the most effective ways to detect the legality, safety, and warranty of a product. This article aims to explore and analyze how the role of product labels can protect and cover social interests. In addition, this research also tries to observe how ethics and laws or regulations regulate product labels to provide a moral ...


The Impact Of Green Human Resource Management Practices In Achieving Organizational Excellence: An Exploratory Study Of The Opinions Of A Sample Of Workers In The Kirkuk Cement Factory, Mazen Saab Salamh, Kefah Abbas Muhammed Jul 2022

The Impact Of Green Human Resource Management Practices In Achieving Organizational Excellence: An Exploratory Study Of The Opinions Of A Sample Of Workers In The Kirkuk Cement Factory, Mazen Saab Salamh, Kefah Abbas Muhammed

Journal of STEPS for Humanities and Social Sciences

The research aims to demonstrate the impact of green human resource management practices in its four dimensions in achieving organizational excellence through an exploratory study in the Kirkuk Cement Factory and diagnosing the extent to which the plant applies green practices to human resources, which contributes to preserving the environment by reducing the level of pollution and reducing industrial emissions that negatively affect the environment. The environment, and the research sample consisted of (260) workers in Kirkuk Cement Factory and from various administrative levels.

The researchers concluded that the laboratory management has a clear interest in the practice of green ...


The Effect Of The Plan Strategy On The Achievement Of Fifth Grade Students In Islamic Education And The Development Of Their Tolerant Thinking, Jalal Mazhar Al-Sabah Jul 2022

The Effect Of The Plan Strategy On The Achievement Of Fifth Grade Students In Islamic Education And The Development Of Their Tolerant Thinking, Jalal Mazhar Al-Sabah

Journal of STEPS for Humanities and Social Sciences

The current study aimed to know: The effect of the PLAN strategy on the achievement of fifth grade students in the subject of Islamic education and the development of their tolerant thinking. The experimental design (with partial control) was chosen for two equal groups (experimental and control), as the researcher chose (fraternity and Suhaib Al-Roumi) preparatory, which are from day schools, within the Tikrit district, intentionally as a field for the experiment, and the research sample consisted of (66) students. They were randomly distributed into two groups, an experimental group that was taught using the PLAN strategy, and a control ...


Commercial Arbitration Of Air Cargo Contracts Under The Warsaw Conventions 1929, Montreal 1999 And National Legislations, Zaid Mohammed Saeed Alraho Jul 2022

Commercial Arbitration Of Air Cargo Contracts Under The Warsaw Conventions 1929, Montreal 1999 And National Legislations, Zaid Mohammed Saeed Alraho

Journal of STEPS for Humanities and Social Sciences

The research dealt with the position of international conventions and related national legislation, including Bahraini and Emirati law, of the possibility of resorting to arbitration as a means of resolving disputes in air transport contracts for goods because of its ease of procedures and speed of adjudication of the dispute. In our research, we focused in the introductory chapter on the fundamental aspects and characteristics of the concept of the air transport contract, the position of international conventions, particularly the Montreal Convention 1999. However, devoted the first chapter to clarifying the objective rules of the contract and its legal nature ...


Psychological Flexibility And Its Relationship To Job Performance Among Educational Counselors, Nadia Mohammad Razuqi Al-Aajam Jul 2022

Psychological Flexibility And Its Relationship To Job Performance Among Educational Counselors, Nadia Mohammad Razuqi Al-Aajam

Journal of STEPS for Humanities and Social Sciences

1- The degree of psychological resilience of educational counselors.

2- The degree of job performance of educational counselors

3- the relationship between psychological resilience and job performance of educational counselors.

To achieve the objectives of the research, the researcher adopted the measure of psychological resilience prepared by (Al-Zuhairi, 2012) consisting of (49) paragraphs and five alternatives (always apply to me, apply to me). Mostly, applies to me sometimes, applies to me rarely, never applies to me), and the researcher prepared a job performance scale consisting of (30) paragraphs and five alternatives (always apply to me, apply to me often, apply ...


Can The Other Speak? A Representation Of Otherness In Elif Shafak's Bastard Of Istanbul, Lamiaa Ahmed Rasheed, Abeer Oday Esmael Jul 2022

Can The Other Speak? A Representation Of Otherness In Elif Shafak's Bastard Of Istanbul, Lamiaa Ahmed Rasheed, Abeer Oday Esmael

Journal of STEPS for Humanities and Social Sciences

Being a third world woman, Gayatri Spivak has embodied her idea about the marginalized, the others, or the outliers, in a way that caught the attention of both supporters and opponents. She seeks self-realization such as empowering women in their society and establishing identity for outsiders and ethnic minorities, in addition to liberation from patriarchal restrictions in most societies. Identity has gotten more complex and convoluted because of modernism in this late epoch. This phenomenon occurs because the complexity and insecurity of identity are commonly considered to be permeated by the huge changes in human life's social condition As ...


Insurance Role From Car Accidents In Compensation Rights For The Affected And Its Organization In Iraqi Law, Hammoodi Bakir Jul 2022

Insurance Role From Car Accidents In Compensation Rights For The Affected And Its Organization In Iraqi Law, Hammoodi Bakir

Journal of STEPS for Humanities and Social Sciences

Liability insurance is a type of damage insurance which represents the best legal guarantee for the affected people from car accidents by obtaining their right to compensation. As a result of the large, noticeable and terrifying increase in accidents as a result of the increase in the activity of vehicles of all kinds, liability insurance in this area has become mandatory and not optional for every car owner. Despite the advantages that the compulsory insurance system for car accidents achieved in the application, it seemed that the defects of this system appeared to surface, which requires searching for an alternative ...


Measuring And Analyzing The Global Liquidity Standard And Its Impact On Profitability, Jamal Hadash Mohammed, Fatima Mohammed Salih Jul 2022

Measuring And Analyzing The Global Liquidity Standard And Its Impact On Profitability, Jamal Hadash Mohammed, Fatima Mohammed Salih

Journal of STEPS for Humanities and Social Sciences

The aim of the research is to shed light on the analysis and measurement of the liquidity criterion, which has a role in influencing the profitability of the surveyed banks, as well as diagnosing and knowing the benefits of applying the global liquidity criterion to the cash generation of those banks. The research was also based on two main hypotheses, as the researcher adopted the inductive approach to accomplish the theoretical aspect, and the deductive approach by defining the indicators that should be included in the study. The researchers reached a number of conclusions, the most important of which was ...


Legal Adaptation Of Illegal Immigration In Iraqi Law, Nwras Rashid Taha Jul 2022

Legal Adaptation Of Illegal Immigration In Iraqi Law, Nwras Rashid Taha

Journal of STEPS for Humanities and Social Sciences

In recent years, Iraq has suffered a massive illegal migration as a result of the wars and crises it has experienced, and it is trying to identify the causes of this phenomenon, determine its legal adaptation in Iraqi law, identify the shortcomings of Iraqi legislation, and propose solutions that contribute to reducing illegal immigration.


Marketing Information And The Role Of The Actor In The Advancement By Institutions Of Information, Ghalib Abdulkareem Azeez, Haider Hasan Mohammed, Ihsan Ali Al Ramah Jul 2022

Marketing Information And The Role Of The Actor In The Advancement By Institutions Of Information, Ghalib Abdulkareem Azeez, Haider Hasan Mohammed, Ihsan Ali Al Ramah

Journal of STEPS for Humanities and Social Sciences

The study seeks to clarify the most important dimensions and forms of marketing information, its characteristics and the appropriate ones for marketing, the content of its marketing activity, the briefing of the means to ensure the success of its marketing, and the most important methods that informational institutions pursue in their marketing plans, as well as to identify the obstacles of marketing information. The study adopted a case base qualitative descriptive approach based on secondary data analysis. Secondary data were collected various electronic and paper sources. The analysis in the context of informational institutions resulted, a set of conclusions, including ...


Logic In Anthropological Discourse The Primordial Arganon From Durkheim To Levi's Brill, Tariq Hashim Khamees, Saad Rifaat Sarhat Jul 2022

Logic In Anthropological Discourse The Primordial Arganon From Durkheim To Levi's Brill, Tariq Hashim Khamees, Saad Rifaat Sarhat

Journal of STEPS for Humanities and Social Sciences

The subject of this study is logic in positivist anthropological theory, in which we show how positivists exploited logic and its normative power and demonstrative capabilities to confirm the Western centralization in anthropological discourse, that discourse inaugurated by Durkheim and his students such as “Levi Brill, Hubert, Moss and others about human society and primitive peoples.” However, the study is satisfied with the discourse of Durkheim and his student Levi Brill, to show how the anthropological discourse bets on the scientific and objectivity of the anthropological approach at a time when this discourse is not free of exaggeration and contradiction ...


A Deconstructive Reading Of Goodnight Desdemona (Good Morning Juliet), Ansam Riyadh Abdullah Almaaroof, Nibras Ibrahim Mahmood Jul 2022

A Deconstructive Reading Of Goodnight Desdemona (Good Morning Juliet), Ansam Riyadh Abdullah Almaaroof, Nibras Ibrahim Mahmood

Journal of STEPS for Humanities and Social Sciences

Goodnight Desdemona (Good Morning Juliet) is a postmodern synthesis of Shakespeare's two most famous tragedies, Othello and Romeo and Juliet. It takes off where Shakespeare plays shockingly end. The experience of the protagonist Constance in with Desdemona and Juliet is essential to develop her character for the better when she realizes that Desdemona and Juliet are part of her personality. She has to drown in her unconsciousness to find her true self and change her determined identity through socially gender constructs. This study aims at identifying the representation of Shakespeare's women characters in MacDonald's play and their ...


An Analysis Of The Electrical Activity Of The Most Important Muscles Of The Body And Its Relationship To The Strength Index On The Right Side During The First Stage Of Performing The Snatching Lift For The Iraqi National Team Quads, Wissam Awni Saleh, Hamid Ahmed Mohammed Jul 2022

An Analysis Of The Electrical Activity Of The Most Important Muscles Of The Body And Its Relationship To The Strength Index On The Right Side During The First Stage Of Performing The Snatching Lift For The Iraqi National Team Quads, Wissam Awni Saleh, Hamid Ahmed Mohammed

Journal of STEPS for Humanities and Social Sciences

The study aims to Identifying the amount of electrical activity of the muscles and the strength index for the Yemen side during the first stage of performing the snatch lift for the Iraqi national team weightlifters.

The researcher hypothesizes that:

- There are statistically significant differences in the values of electrical activity and the resulting force on both sides of the body during the stages of performing the snatch lift for the Iraqi national team female weightlifters.

- There are statistically significant differences between the values of the function of force and time and the values of the electrical activity of the ...


Effect Of The Alternating Method Of Maximum Speed And General Length Of Time On The Aerobic And Anaerobic Abilities Of Young Football Players, Shakhwan Aref Muhammad, Naktel Muzahem Khaleel Jul 2022

Effect Of The Alternating Method Of Maximum Speed And General Length Of Time On The Aerobic And Anaerobic Abilities Of Young Football Players, Shakhwan Aref Muhammad, Naktel Muzahem Khaleel

Journal of STEPS for Humanities and Social Sciences

1- Coordinating the two training programs in a successive manner for the qualities of maximum speed and general length of football for young football players.

2- Identifying the effect of the training program in a successive manner for the characteristics of maximum speed and general stamina on the aerobic and anaerobic abilities under consideration for young football players.

The researchers used the experimental method in a one-group method for its suitability and the nature of the research problem, and the research community was identified, they are the young football players in Erbil Governorate for the football season (2020-2021), and their ...