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Articles 1 - 30 of 1952
Full-Text Articles in Law
Daca's Major Questions Exception, Matthew Calabrese
Daca's Major Questions Exception, Matthew Calabrese
Hofstra Law Review
The Supreme Court has extracted a new role as the gatekeeper of administrative action under the major questions doctrine. Underlying the doctrine is an understanding that agencies cannot act to address policy issues implicating questions of great political and economic significance unless specifically authorized by Congress. However, DACA presents a different question that should be exempted from the major questions doctrine. This is because DACA relies on two levels of executive authority: statutory—under the Immigration and Nationality Act and the Homeland Security Act—and constitutional—under the Take Care Clause. Because, as this Article explains, the two authorities cannot be disentangled, courts …
Controlling Buyer And Seller Power: Reviving Enforcement Of The Robinson-Patman Act, Daniel A. Hanley
Controlling Buyer And Seller Power: Reviving Enforcement Of The Robinson-Patman Act, Daniel A. Hanley
Hofstra Law Review
The Robinson-Patman Act (“RPA”) is a federal law enacted in 1936. Congress’s goal in drafting this historic legislation was to protect and promote democracy and individual liberty in the United States by supporting the creation and vitality of small and independent businesses, thereby distributing power and opportunity within the U.S. political economy.This Article provides a robust defense of Congress’s goals and intentions in enacting the RPA as well as a detailed history of how the Act benefited American society when it was vigorously enforced. It concludes with thoughts on how the RPA can be used to revitalize today’s economy, thus …
The Adolescent Mental Health Crisis: A Case Study In Family Court Planning, Andrew Schepard
The Adolescent Mental Health Crisis: A Case Study In Family Court Planning, Andrew Schepard
Hofstra Law Review
The article focuses on addressing the adolescent mental health crisis within the framework of family court planning, particularly in the context of parental separation and divorce. It emphasizes the need for comprehensive planning processes within family courts to integrate Family Dispute Resolution (FDR) as a central strategy for tackling this crisis effectively. It seeks to enhance mental health services for adolescents involved in family court proceedings.
Does The Federal Budget Trump Constitutional Rights, Laura Snyder
Does The Federal Budget Trump Constitutional Rights, Laura Snyder
Hofstra Law Review
Even though most Americans living outside the United States do not owe U.S. federal income tax, the U.S. nationality-based income tax system nevertheless places considerable burdens on them. In doing so, the system violates Fourteenth Amendment equal protection as well as other constitutional and human rights. The purpose of the system is not to raise revenue. Instead, its purpose is to punish and scapegoat American nationals living outside the United States, for no reason other than the fact that they live outside the United States. This is evidenced by the statements and actions of policymakers as well as by Internal …
Taking Back The Bar: The Need For State Legislation Directed At Addressing The Disparate Impact Of The Bar Exam And Holding The Ncbe Accountable, Alexa Cibellis
Taking Back The Bar: The Need For State Legislation Directed At Addressing The Disparate Impact Of The Bar Exam And Holding The Ncbe Accountable, Alexa Cibellis
Hofstra Law Review
No abstract provided.
The Rule Is A Mess, So It Needs Amendments: Reexamining And Revising The Religious Exemption Of The Copyright Act, Toniann Pasqueralle Sheridan
The Rule Is A Mess, So It Needs Amendments: Reexamining And Revising The Religious Exemption Of The Copyright Act, Toniann Pasqueralle Sheridan
Hofstra Law Review
No abstract provided.
All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii
All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii
Hofstra Law Review
No abstract provided.
The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth
The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth
UC Law Constitutional Quarterly
This Article examines how Chief Justice Taney’s opinion in Dred Scott v. Sandford sparked a cycle of delegitimization that parallels contemporary debates about the Supreme Court’s legitimacy crisis. Part I explicates how one family’s fight for freedom in Missouri reached the Supreme Court, the resulting radical decision, and the nation’s reaction to show the initial stages of this cycle. Part II examines the impact of Dred Scott on politics and law during the James Buchanan administration (1857–1861). During this period, the federal government, Southern states, and some Western territories swiftly implemented the decision, for example by expelling free Black residents. …
The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt
The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt
William & Mary Environmental Law and Policy Review
The COVID-19 pandemic disrupted the operations of global biodiversity conventions, requiring virtual meetings in place of in-person events. Yet the pandemic also highlighted the importance of biodiversity conservation as a mechanism to reduce the risk of zoonotic diseases, as the October 2020 report issued by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (“IPBES”) emphasized. Now that in-person, international meetings have resumed, this Article examines the extent to which four biodiversity conventions—the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, the Ramsar Convention, the Convention on International Trade in Endangered Species, and the Convention on Biological Diversity—considered the nexus …
How American Society And Law Continue To Undermine People With Disabilities Seeking Education And Employment, Angelica Guevara
How American Society And Law Continue To Undermine People With Disabilities Seeking Education And Employment, Angelica Guevara
UC Law Constitutional Quarterly
Our Founders specifically identified education as necessary to economic success and full participation in our democracy and society. However, the Supreme Court held in San Antonio Independent School District v. Rodriguez that education in America is not a constitutional right; instead, it is a commodity that few can afford. Then, in 2023, Biden v. Nebraska exposed the direct result of that ruling: the average American––regardless of their disability status––struggles to pay back their student loans, even when they have a well-paying job. The student debt crisis significantly impacts the economic future of students with disabilities, who make on average sixty-six …
Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada
Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada
UC Law Constitutional Quarterly
While all Chief Justices leave behind distinctive periods of judicial thought and practice, the quantitative and qualitative data presented in this article show that the Roberts Court in particular stands out in the development of Fourth Amendment precedent. The key cases that shaped the search and seizure doctrine before and during his rise show that, contrary to what many may expect, Chief Justice Roberts will likely oversee limited, pro-defendant decisions that could grant additional legitimacy to the Court’s crime-control jurisprudence. On the other hand, the new Justices’ voting records and writings suggest that there are several potential coalitions that could …
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram
Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram
UC Law Constitutional Quarterly
In 1910, the Supreme Court recognized in Weems v. United States that a constitution “must be capable of wider application than the mischief which gave it birth.” This principle led to the creation of the Court’s two-pronged “evolving standards of decency,” test: (1) evidence of an objective indicia of a national consensus, and (2) the reviewing court’s own independent judgment. To this day the Court has yet to apply this test outside of the Eighth Amendment context. But can the “evolving standards of decency,” test identify and protect other fundamental rights? This Article explores how the Court could apply the …
Suitability Of Goods: Obligations Of The Parties In International Sales And Purchases Case Study Of The Borecene Sales And Purchase Contract Between Kingspan (England) And Borealis (Denmark), A.D. Agung Sulistyo, Hanna Adistyana Hefni
Suitability Of Goods: Obligations Of The Parties In International Sales And Purchases Case Study Of The Borecene Sales And Purchase Contract Between Kingspan (England) And Borealis (Denmark), A.D. Agung Sulistyo, Hanna Adistyana Hefni
Journal of Private International Law Studies
Globalisasi yang turut mendorong maraknya aktivitas jual-beli di tingkat internasional, menuntut dilakukannya unifikasi hukum guna mengatasi perbedaan aturan kontrak jual-beli yang terdapat pada masing-masing hukum nasional. Berfokus pada aspek kewajiban para pihak dalam kontrak jual beli internasional, tulisan ini melakukan komparasi aturan yang terdapat pada KUHPerdata Indonesia dan CISG. Kasus sengketa kontrak jual beli antara grup perusahaan Inggris dan kongsi dagang Denmark turut dikaji guna mendapatkan pemahaman khusus mengenai aspek pengaturan yang lebih spesifik dalam kontrak jual beli produk yang berhubungan dengan kesesuaian barang (conformity of goods). Beberapa hal penting telah dicatat bersama kesimpulan yang mendukung argumen pokok, bahwa belum …
The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, Ranto Sabungan Silalahi
The Idea Of Implementing Spiliada Principle For Indonesian Court In Hearing Private International Law Cases, Ranto Sabungan Silalahi
Journal of Private International Law Studies
Indonesia and Singapore are among the ASEAN members and ready to welcome the implementation of the ASEAN Economic Community. The ASEAN Economic Community itself has been planned for a long time and the aim of establishing the ASEAN Economic Community is so that countries that are within ASEAN membership can face the problems of trade and economic activities on a large and global basis. This will certainly increase the number of cross-border transactions and investments between these two nations and other members of the ASEAN community. In reality, the cross-border transactions and investments also involve the Legal Entities and Natural …
Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa
Validity Of International Sales Contracts According To The United Nations Convention On Contracts Of The International Sale Of Goods 1980, Thea Mutiara Khalifa
Journal of Private International Law Studies
This article attempts to shed light on how the United Nations Convention on Contracts of the International Sale of Goods 1980 (CISG) regulates the validity of international sales contracts, using juridical normative research methods through literature studies. According to Article 4(a) of the CISG, the Convention does not govern matters on validity, with certain exceptions. This research shows that CISG governs some matters pertaining to validity: formal validity, initial impossibility of performance, and open-price contracts. As seen from the cases of Forestal Guarani v. Daros International and Geneva Pharmaceuticals v. Barr Laboratories, the CISG allocates those validity issues that do …
Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah
Legal Basis And Procedures Unification On Oil Spill Damage Compensation In International Convention On Civil Liability For Oil Pollution Damage (1992) And The International Convention On Civil Liability For Bunker Oil Pollution Damage (2001): On Indonesian International Private Law Perspective, Cindy A. Prasasti, Kania P. Rahmadiani, Fayza N. Muthmainnah
Journal of Private International Law Studies
Oil spills into the sea have always been a major threat to the environment since the increase of oil and hazardous substances trade by sea-going vessels and seaborne craft since the 1960s. Consequently, it became necessary to ensure sufficient compensation for persons who suffer from damage caused by pollution emerging from the discharge of oil from ships. The 1969 International Convention on Civil Liability for Oil Pollution Damage (Civil Liability Convention/CLC) and The 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunker Convention) grant compensation for parties suffering from damages of oil pollution. Despite being established as …
Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Wibowo
Jurisdictional Issues For Cross-Border Copyright Infringement: A Study On Fansite Products, Naura Wibowo
Journal of Private International Law Studies
Korean pop (K-Pop) and its fandom culture have penetrated Indonesia, resulting in a flourishing K-pop product sector. Fansite goods, fan-made merchandise originating in Korea, are one of the most popular merchandise among fans. However, because Indonesian fans' purchasing power is still restricted, many of them resort to copyright infringement of fansite goods in order to either own or gain profit from the merchandise. This article will explain whether fansite goods are protected by copyright from which country, and if so, which jurisdiction and law is applicable to rule on a dispute of fansite goods copyright infringement perpetrated by an Indonesian …
Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan
Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan
Journal of Private International Law Studies
Legalization through Apostille should simplify the legalization process, doing activities abroad and improving Indonesian economic quality. Legalization is a series of procedures performed to authenticate a signature, stamp or seal which aims to provide a valid status for a public document. The legalization process in Indonesia consists of two steps, namely legalization at the Ministry of Law and Human Rights after which legalization is carried out at the Ministry of Foreign Affairs. Furthermore, the document is shown to the representative of the country intended for legalization. In practice, the legalization process mostly carried out by various agencies in Indonesia, this …
Domestic Violence & Men's Professional Sports: Advancing The Ball
Domestic Violence & Men's Professional Sports: Advancing The Ball
Denver Sports & Entertainment Law Journal
No abstract provided.
Vol. 20, No. 1: Table Of Contents, Denver Sports & Entertainment Law Journal
Vol. 20, No. 1: Table Of Contents, Denver Sports & Entertainment Law Journal
Denver Sports & Entertainment Law Journal
No abstract provided.
Vol. 20, No. 1: Editor's Note, John Gronka
Vol. 20, No. 1: Editor's Note, John Gronka
Denver Sports & Entertainment Law Journal
No abstract provided.
Vol. 20, No. 1: Title Page, Denver Sports & Entertainment Law Journal
Vol. 20, No. 1: Title Page, Denver Sports & Entertainment Law Journal
Denver Sports & Entertainment Law Journal
No abstract provided.
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair
University of Cincinnati Law Review
No abstract provided.
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder
University of Cincinnati Law Review
No abstract provided.
A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, Richard Sharp
A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, Richard Sharp
University of Cincinnati Law Review
No abstract provided.
A Toothless Tcpa: An Analysis Of Article Iii Standing, Personal Jurisdiction, And The Disjuncture Problem’S Impact On The Efficacy Of The Telephone Consumer Protection Act, Sebastian W. Johnson
A Toothless Tcpa: An Analysis Of Article Iii Standing, Personal Jurisdiction, And The Disjuncture Problem’S Impact On The Efficacy Of The Telephone Consumer Protection Act, Sebastian W. Johnson
University of Cincinnati Law Review
No abstract provided.
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
University of Cincinnati Law Review
No abstract provided.
Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley
Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley
University of Cincinnati Law Review
Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …