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2022

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Full-Text Articles in Law

Where In The World: Protecting Indigenous Textiles In Guatemala Through Geographical Indications, Lucie Couillard Sosa Dec 2022

Where In The World: Protecting Indigenous Textiles In Guatemala Through Geographical Indications, Lucie Couillard Sosa

Brooklyn Journal of International Law

There is a current movement by indigenous weavers in Guatemala to protect their textile designs due to the harm caused by the absence of the weavers’ intellectual property ownership over the designs and patterns. The exploitation and appropriation of their designs by domestic and international companies has hurt weavers’ livelihoods and has led to culturally inappropriate and insensitive uses of religious and traditional patterns. Conventional intellectual property law (copyright, trademark, and patent law) fails to protect indigenous peoples’ intellectual property rights. A key weakness within conventional intellectual property law is the emphasis and focus on individuality of the creation process. …


Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past Dec 2022

Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past

Brooklyn Journal of International Law

So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …


Lost Paradise: Colombia’S Failed Promise To Protect Human Rights Defenders, Yessenia Gonzalez Dec 2022

Lost Paradise: Colombia’S Failed Promise To Protect Human Rights Defenders, Yessenia Gonzalez

Brooklyn Journal of International Law

On November 24, 2016, Colombia ended a half-century civil war with the Revolutionary Armed Forces of Colombia (FARC) with the signing of the Peace Accord. While there was hope that there would be a new era of peace and reconciliation, Colombia is consistently ranked as the most dangerous country in the world for human rights defenders. As a party to core international human rights treaties that protect the rights to life, physical integrity, and the right to defend human rights, Colombia is obligated to protect these rights and take the necessary preventative measures to protect human rights defenders. Accordingly, Colombia …


The Dark Side Of Due Process: Part Iii, How To Use Irreverent Double-Talk To Speak Back To Bad Men, Joshua J. Schroeder Dec 2022

The Dark Side Of Due Process: Part Iii, How To Use Irreverent Double-Talk To Speak Back To Bad Men, Joshua J. Schroeder

St. Mary's Law Journal

Most American lawyers take for granted that the common law established almost all the ordinary causes of action we know today. As Joseph Story’s Commentaries acknowledged, the common law is the basis of the entire U.S. system of law. Common law struggled with feudal and canon forms and eventually transformed them for the benefit of ordinary people even in the face of the most heinous travesties of the English and American past.

The Witch Judges of Salem, Massachusetts and the Parliament of Saints in England did not prevail through despotic radicalism to demolish the common law through codification. Legal positivism …


Determinism V. Free Will & Genetic Evidence Of Addiction In Plea Bargaining And Sentence Mitigation: Conversion Of Incarceration To Probation And Rehabilitation Based On Genetic Addiction Risk Severity (Gars) Test, Kenneth Blum, Paul Mullen, Richard Green Dec 2022

Determinism V. Free Will & Genetic Evidence Of Addiction In Plea Bargaining And Sentence Mitigation: Conversion Of Incarceration To Probation And Rehabilitation Based On Genetic Addiction Risk Severity (Gars) Test, Kenneth Blum, Paul Mullen, Richard Green

St. Mary's Law Journal

In this Article, Dr. Kenneth Blum and his team present the case of a presently abstinent, thirty-five year old alcoholic (“AG”) who has several convictions for DWI. AG has undergone and continues to be engaged in out-patient substance abuse treatment. He entered treatment before adjudication and was mandated by the court to continue treatment to assist in maintaining sobriety. Treatment included the administration of the Genetic Addiction Risk Severity (“GARS”) Test.

AG was facing a probable five-year sentence for his fifth DWI conviction in Bexar County, Texas. However, because AG’s genetic risk results indicated a genetically induced dopamine dysfunction, hypodopaminergia, …


Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, Nathaniel Romano Dec 2022

Subsidiarity & Vulnerability Theory: A Case Study For Deepening The Relationship Between Catholic Social Teaching And The Responsive State, Nathaniel Romano

Catholic University Law Review

Religion and religious voices have long had a role to play in shaping community norms and values and public policy; this role continues in contemporary America. Yet, legitimate questions arise about the extent of this role and its place in a pluralist and democratic state. These questions are particularly pronounced when religion is perceived as partisan, a situation that seems apparent in contemporary America. Hoping to combat this perception, this paper explores the relationship between Catholic Social Teaching and Vulnerability Theory, aiming to show how religious values can inform legal theory across the political spectrum. This paper surveys both Catholic …


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 can …


Unending Reform: Police Resistance To Consent Decrees And Federal Monitors, Finn Mayock Dec 2022

Unending Reform: Police Resistance To Consent Decrees And Federal Monitors, Finn Mayock

Journal of Law and Policy

The murder of George Floyd and the subsequent protests that engulfed the United States in 2020 reignited public attention towards the violent and discriminatory practices of police departments across the country. While methods of reforming these institutions were debated with new vigor, the federal courts have been quietly overseeing efforts to obtain constitutionally compliant policing in numerous cities for decades. Using legal tools such as consent decrees and monitors, the Department of Justice has enlisted the assistance of federal courts to ensure that police practices are in congruence with the Constitution. As pervasive police violence against black and brown people …


What Counts As ‘Racist Enough?’: A Clearer Standard For New Trials When Jurors Demonstrate Racial Bias, Priyadarshini Das Dec 2022

What Counts As ‘Racist Enough?’: A Clearer Standard For New Trials When Jurors Demonstrate Racial Bias, Priyadarshini Das

Journal of Law and Policy

The no-impeachment rule, Federal Rule of Evidence 606(b), necessitates that jurors keep their deliberations secret. However, in the 2017 Supreme Court case Peña-Rodriguez v. Colorado, the Court created a racial bias exception to the no-impeachment rule. This exception allows jurors to notify the court when “one or more jurors made statements exhibiting overt racial bias that cast serious doubt on the fairness and impartiality of the jury’s deliberations and resulting verdict.” This Note argues that this standard is too narrow because it fails to consider several situations of racial bias, like implicit bias. The ineffectiveness of this exception is demonstrated …


“A Change Is Gonna Come:” Developing A Liability Framework For Social Media Algorithmic Amplification, Amy B. Cyphert, Jena T. Martin Dec 2022

“A Change Is Gonna Come:” Developing A Liability Framework For Social Media Algorithmic Amplification, Amy B. Cyphert, Jena T. Martin

UC Irvine Law Review

From the moment social media companies like Facebook were created, they have been largely immune to suit for the actions they take with respect to user content. This is thanks to Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which offers broad immunity to sites for content posted by users. But seemingly the only thing a deeply divided legislature can agree on is that Section 230 must be amended, and soon. Once that immunity is altered, either by Congress or the courts, these companies may be liable for the decisions and actions of their algorithmic recommendation systems, …


Energy Law—The Green Squeeze: Net Metering’S Negative Externalities And Societal Consequences For The Poor, Steven Cox Dec 2022

Energy Law—The Green Squeeze: Net Metering’S Negative Externalities And Societal Consequences For The Poor, Steven Cox

University of Arkansas at Little Rock Law Review

No abstract provided.


Democracy's Forgotten Possessions: U.S. Territories' Right To Statehood Through Constitutional Liquidation, Joshua Stephen Ebiner Dec 2022

Democracy's Forgotten Possessions: U.S. Territories' Right To Statehood Through Constitutional Liquidation, Joshua Stephen Ebiner

Notre Dame Law Review

This Note argues that the Territories must be granted statehood consistent with the equal footing doctrine. This thesis does not challenge Congress’s power to acquire or govern territory, or its constitutional authority to admit (and place reasonable conditions on the admission of) territory into the Union as states. These matters have long been settled through constitutional practice. Neither does this thesis suggest that acquired territory must be immediately annexed into the Union, since there are valid reasons to delay such a decision. Instead, the claim is that permanently inhabited territories that have longstanding, constitutionally significant relationships with the United States …


Liberty And Justice For Y’All: Allowing Legal Paraprofessionals To Practice Law To Reduce The Effects Of Legal Deserts In Rural Georgia, Amanda Claxton Dec 2022

Liberty And Justice For Y’All: Allowing Legal Paraprofessionals To Practice Law To Reduce The Effects Of Legal Deserts In Rural Georgia, Amanda Claxton

Mercer Law Review

The lack of attorneys in rural America is not merely a social or cultural problem—it is a legal problem that officers of the courts cannot continue to ignore. Legal deserts are geographical areas where legal services are widely unavailable. Particularly in rural Georgia, legal deserts are a substantial issue. Attorneys and nonprofit organizations have attempted to ease the detrimental effects of legal deserts in a variety of ways; for various reasons, those efforts have been insufficient, and rural counties struggle to attract lawyers. Still, there is one method of resolving legal deserts that Georgia has yet to attempt: creating an …


Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba Nov 2022

Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba

BYU Law Review

Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.

This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …


Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius Nov 2022

Predictors Of College Student Support Toward Colin Kaepernick’S National Anthem Protests, Brooke Coursen, Nicole Peiffer, Sakira Coleman, Philip Lucius

VA Engage Journal

Racial discrimination and inequality have perpetuated within the U.S. since its inception. In 2016, Colin Kaepernick initiated the national anthem protests to oppose the oppression of people of color in America. This study was developed in 2018 to identify social determinants of health underlying discriminatory beliefs and behaviors. The objective was to investigate the impacts of college students’ race, gender, political ideology, socio-economic status [SES], NFL interest, patriotism, and general protest support on support for the national anthem protests. We administered paper-and-pencil surveys across locations on the James Madison University campus using a convenience sample. There were 408 participants included, …


Qualified Immunity: A Legal Fiction That Has Outlived Utility, S. Rafe Foreman Nov 2022

Qualified Immunity: A Legal Fiction That Has Outlived Utility, S. Rafe Foreman

Ohio Northern University Law Review

No abstract provided.


Bulletproof Vests & Lawsuit Threats: The Need For Renovation Of Law Enforcement Qualified Immunity, Natalie T. Frandsen Nov 2022

Bulletproof Vests & Lawsuit Threats: The Need For Renovation Of Law Enforcement Qualified Immunity, Natalie T. Frandsen

Ohio Northern University Law Review

No abstract provided.


The Role Of Ethics And Morality In Law: Similarities Anddifferences, Haxhi Xhemajli Nov 2022

The Role Of Ethics And Morality In Law: Similarities Anddifferences, Haxhi Xhemajli

Ohio Northern University Law Review

No abstract provided.


Moral Nuisance Abatement Statutes, Scott W. Stern Nov 2022

Moral Nuisance Abatement Statutes, Scott W. Stern

Northwestern University Law Review

On May 19, 2021, Texas enacted S.B. 8—also known as the Texas Heartbeat Act—which prohibits almost any abortion of a fetus once a heartbeat can be detected, effectively banning abortions after only six weeks of pregnancy. Just as controversially, S.B. 8 also specifies that it is enforceable exclusively through private civil actions, and it allows any private person to sue anyone who “performs,” “induces,” or “knowingly . . . aids or abets the performance or inducement of an abortion,” seeking injunctive relief and statutory damages of $10,000 per violation. The passage of S.B. 8 immediately led to calls for, and …


Three Kinds Of Fault: Understanding The Purpose And Function Of Causation In Tort Law, Marin R. Scordato Nov 2022

Three Kinds Of Fault: Understanding The Purpose And Function Of Causation In Tort Law, Marin R. Scordato

University of Miami Law Review

Causation is a concept of enormous importance in the law. In just the last two years, the United States Supreme Court has explicitly considered its importance and meaning on at least three occasions, in areas of the law as diverse as specific personal jurisdiction, Title IX, and Section 1981. It has also been the subject of sustained scholarly examination and debate.

In no area of the law is causation as foundational and omni- present as in tort law, and in no sphere within tort law is it more prevalent than in its dominant cause of action, negligence. Unsurprisingly then, the …


The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell Nov 2022

The Higher-Cost Problem: How The Case Act Addresses The History Of Inequity In The American Copyright Regime, Michael Newell

University of Miami Law Review

The legislative history of copyright law in the United States and its judicial interpretation resulted in a complex web of statutes and doctrine theoretically meant to further the constitutional goal of “promot[ing] the Progress of Science and the useful Arts.” But because of its complexity, enforcing rights against infringers in federal court became prohibitively expensive for most. The American copyright regime simultaneously allowed the music industry to unfairly profit from the creativity of the under-resourced—particularly, musicians of color.

This Note discusses the disparate impact of the American copyright regime. Then, the Note discusses the Copyright Alternatives in the Small-Claims Enforcement …


Let The Exceptions Do The Work: How Florida Should Approach Environmental Regulation After Cedar Point Nursery V. Hassid, Olivia Johnson Nov 2022

Let The Exceptions Do The Work: How Florida Should Approach Environmental Regulation After Cedar Point Nursery V. Hassid, Olivia Johnson

University of Miami Law Review

For nearly fifty years, courts distinguished between per se physical takings and regulatory takings. Yet, in 2021, the Supreme Court signaled a change of course with the monumental Cedar Point Nursery v. Hassid decision. The ruling challenges the government’s ability to mandate anything that impacts private property. In the face of environmental catastrophe and increasing pressure to assuage our climate crisis, how can governments respond without triggering a takings challenge?
Chief Justice Roberts in his majority decision may have left the door cracked open for governments to work around the Cedar Point Nursery ruling. By looking at the legacy of …


The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir Nov 2022

The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir

University of Miami Law Review

Artificial intelligence (“AI”) is undeniably transforming the workplace, though many implications remain unknown. Employers increasingly rely on algorithms to determine who gets interviewed, hired, promoted, developed, disciplined, or fired. If appropriately designed and applied, AI promises to help workers find their most rewarding jobs, match companies with their most valuable and productive employees, and advance diversity, inclusion, and accessibility in the work- place. Notwithstanding its positive impacts, however, AI poses new perils for employment discrimination, especially when designed or used improperly.

This Article examines the interaction between AI and federal employment antidiscrimination law. This Article explores the legal landscape including …


Managing Mass Tort Class Actions: Judicial Politics And Rulemaking In Three Acts, Toby S. Goldbach Nov 2022

Managing Mass Tort Class Actions: Judicial Politics And Rulemaking In Three Acts, Toby S. Goldbach

University of Miami Law Review

Judges take part in a variety of non-adjudicative tasks that shape the structure of litigation. In addition to their managerial functions, judges sit as administrative heads of court. They participate in civil justice reform projects and develop procedures for criminal and civil trials. What norms and principles ought to guide judges in this other work? In their casework we expect judges to be neutral and fair, setting aside politics and rationally following the law. Indeed, this article will demonstrate that there is good reason to insist on these qualities in both judges’ case-related and broader court-related reform activities. To test …


"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp Nov 2022

"A Sword In The Bed": Bringing An End To The Fusion Of Law And Equity, Brooks M. Chupp

Notre Dame Law Review

Those who called for the fusion of law and equity have, throughout the years, argued that the existence of a parallel court system for equity would be inefficient and confusing for parties. While there is limited merit to this viewpoint, the United States has been willing to create courts of limited jurisdiction to hear cases of a highly specialized or technical nature in other areas of the law (for example, tax and bankruptcy). This Note argues that the specialized-courts approach is viable as it relates to equity and that it is, in fact, preferable to the current system. This Note …


Rethinking Constitutionally Impermissible Punishment, Nadia Banteka, Erika Nyborg-Burch Nov 2022

Rethinking Constitutionally Impermissible Punishment, Nadia Banteka, Erika Nyborg-Burch

Notre Dame Law Review Reflection

In this Essay, we discuss how the COVID-19 pandemic has affected our understanding of constitutionally permissible punishment. We argue, first, that the protracted failure to act by those who have had authority to do so during this public health emergency created a high risk that incarcerated people would suffer severe illness—and even death—in violation of due process protections and the Eighth Amendment prohibition against cruel and unusual punishment. Second, we suggest that a changed understanding of public safety in the context of detention and release during public health emergencies has the potential to shift the framework even after the emergency …


A World Without Roe: The Constitutional Future Of Unwanted Pregnancy, Julie C. Suk Nov 2022

A World Without Roe: The Constitutional Future Of Unwanted Pregnancy, Julie C. Suk

William & Mary Law Review

With the demise of Roe v. Wade, the survival of abortion access in America will depend on new legal paths. In the same moment that Dobbs v. Jackson Women’s Health Organization has constrained access to abortion in the United States, other constitutional democracies have moved in the opposite direction, expanding access to safe, legal, and free abortions. They have done so without reasoning from Roe’s vision of the private zone of unwanted pregnancy. The development of abortion law outside the United States provides critical insights that can inform future efforts to vindicate the constitutional rights of women facing …


Law School Rankings And The Impossibility Of Anti-Racism, Rory D. Bahadur Nov 2022

Law School Rankings And The Impossibility Of Anti-Racism, Rory D. Bahadur

St. Mary's Law Journal

This Article uses the U.S. News law school rankings to illustrate how powerful, invisible, and stubborn systemic racism is. This Article does not level allegations of intentionally blameworthy conduct at U.S. News, or any person or entity. More broadly, this Article does not address conscious and deliberate racism, or the examples of this type of racism with which America’s history is replete. Nor is this Article attempting to undervalue the significant impact of deliberately racist actions in American history on the economic disparity between white people and people of color.

Instead, I make an untrue assumption: All Americans of every …


Transnational Corporations And Climate Governance: A Case Study Of Amazon.Com’S Net-Zero Climate Pledge, Jason Maclean Oct 2022

Transnational Corporations And Climate Governance: A Case Study Of Amazon.Com’S Net-Zero Climate Pledge, Jason Maclean

Dalhousie Law Journal

“Net zero” has become the predominant way of framing global, national, and nonstate climate change commitments. Hundreds of countries and thousands of corporations promise to achieve net-zero emissions by 2050 or earlier. Hopeful as this may seem, early evidence suggests the need to carefully scrutinize corporations’ climate promises. Specifically, there is an urgent need to critically assess the claim that strategic collaboration and compromise at the science-business-society interface can deliver the transformative social, economic, and political change required to address climate change.

Analyzing Amazon.com’s net-zero pledge as a case study, this article argues that strategic conflict with—and within—transnational corporations is …


Disability Accessibility In Washington Courts, Luke Byram Oct 2022

Disability Accessibility In Washington Courts, Luke Byram

Access*: Interdisciplinary Journal of Student Research and Scholarship

In this article, disability access is explored in the United Kingdom, Ireland and Canada, examining court systems and the rights of defendants in a literature review. Then, disability accessibility and diversity are explored within the Washington court system utilizing semi-structured interviews with 17 practicing Washington State attorneys from diverse backgrounds and legal experiences who primarily practice criminal law in the courts. The article describes the current state of sign language interpretation and communication barriers within the courts for those who are disabled and the current accommodation standard and various communication and physical barriers for those with disabilities in the court …