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Full-Text Articles in Law

Servant Leadership: The Change Needed In Law Enforcement, Shane H. Shetler Feb 2024

Servant Leadership: The Change Needed In Law Enforcement, Shane H. Shetler

Doctoral Dissertations and Projects

Servant leadership is a moral-based form of leadership in which leaders place the well-being of followers before their own (Canavesi & Minelli, 2022). It is a theory that has gained increased notoriety over the past several decades. Despite this, there remains a limited amount of empirical research on it and its potential benefits. However, several professions have adopted it, and their results have been positive. Leadership change is needed in many professions, and law enforcement is no exception. The policing profession faces many challenges, such as recruiting quality candidates and retaining existing personnel. Furthermore, the challenges plaguing policing also exert …


Redefining Disproportionate Arrest Rates: An Exploratory Quasi-Experiment That Reassesses The Role Of Skin Tone, Soren G. Brockdorf Feb 2024

Redefining Disproportionate Arrest Rates: An Exploratory Quasi-Experiment That Reassesses The Role Of Skin Tone, Soren G. Brockdorf

Doctoral Dissertations and Projects

The New York Times reported that Black Lives Matter was the third most-read subject of 2020. These articles brought to the forefront the question of disparity in arrest rates for darker-skinned people. Questioning arrest disparity is understandable because virtually everything known about disproportionate arrest rates has been a guess, and virtually all prior research on disproportionate arrest rates is questionable because of improper benchmarking (the denominator effect). Current research has highlighted the need to switch from demographic data to skin tone data and start over on disproportionate arrest rate research; therefore, this study explored the relationship between skin tone and …


Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd Feb 2024

Indiana Supreme Court Chief Justice Commends Work Of Iu Faculty During Annual State Of The Judiciary, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

No abstract provided.


Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao Feb 2024

Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao

Research Collection Yong Pung How School Of Law

For centuries, international lawyers have wrestled with the relationship between national sovereignty and international law. This is also the case of international trade law, where the tension between trade liberalization and national sovereignty culminated in the famous “Great 1994 Sovereignty Debate” between the late Prof. John Jackson and other leading scholars when the WTO came into being. As we enter the digital age, the issue of sovereignty resurfaced once again in the form of data sovereignty. In this paper, I will examine provisions in trade agreements which deal with data sovereignty issues, such as restrictions on data flow such as …


Review Of The Book The Fight Against Book Bans: Perspectives From The Field, John A. Drobnicki Feb 2024

Review Of The Book The Fight Against Book Bans: Perspectives From The Field, John A. Drobnicki

Publications and Research

Review of the book The Fight against Book Bans: Perspectives from the Field, edited by Shannon M. Oltmann.


Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) Fy2023 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino Jan 2024

Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) Fy2023 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The Massachusetts Housing Mediation Program (HMP) is a comprehensive statewide program that provides free housing mediation services as a tool to increase housing stability with the intention of preventing homelessness created by landlord-tenant disputes. It is administered by the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston and deploys the community mediation system infrastructure with 11 Community Mediation Centers (Centers) participating and serving all 14 counties of the Commonwealth to provide free conflict resolution services for tenants and landlords/property managers with housing disputes at any stage, from the earliest point a problem occurs, up to, and …


The Second Digital Transformation Of Scholarly Publishing: Strategic Context And Shared Infrastructure, Tracy Bergstrom, Oya Y. Rieger, Roger C. Schonfeld Jan 2024

The Second Digital Transformation Of Scholarly Publishing: Strategic Context And Shared Infrastructure, Tracy Bergstrom, Oya Y. Rieger, Roger C. Schonfeld

Copyright, Fair Use, Scholarly Communication, etc.

Today, the scholarly publishing sector is undergoing its second digital transformation. The first digital transformation saw a massive shift from paper to digital, but otherwise publishing retained many of the structures, workflows, incentives, and outputs that characterized the print era. A variety of shared infrastructure was developed to serve the needs of this first digital transformation. In this current second digital transformation, many of the structures, workflows, incentives, and outputs that characterized the print era are being revamped in favor of new approaches that bring tremendous opportunities, and also non-trivial risks, to scholarly communication. The second digital transformation requires shared …


Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd Jan 2024

Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.

Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.

“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, …


Royster Receives Lifetime Achievement Award, Retires From Nebraska Jan 2024

Royster Receives Lifetime Achievement Award, Retires From Nebraska

Copyright, Fair Use, Scholarly Communication, etc.

Paul Royster, coordinator for scholarly communication, completes his 19-year career at the University of Nebraska- Lincoln Libraries with a Lifetime Achievement Award from Elsevier Digital Commons for work on behalf of the faculty and students in the growth of the Universityʼs institutional repository (IR) and his innovations that have shaped the development of the platform.


Revised Aba Standard 303: Curricular, Pedagogical, And Substantive Questions, Steven W. Bender Jan 2024

Revised Aba Standard 303: Curricular, Pedagogical, And Substantive Questions, Steven W. Bender

Seattle University Law Review SUpra

ABA accreditation standards now require law schools to provide education and training on racism, bias, and cross-cultural competence. This seemingly straightforward mandate raises numerous questions as schools plan for and implement compliance. Here, I articulate and approach these compliance questions using insights drawn from critical theory—which supplies helpful guidance for responses and ultimately antiracism legal education that is more than minimalist. Armed with critical insights, lawyers are better equipped to contribute to the struggle to eradicate systemic social ills in law and society.


Refugee Health In Philadelphia, Marc Altshuler, Md Jan 2024

Refugee Health In Philadelphia, Marc Altshuler, Md

Academic Commons Workshops and Presentations

No abstract provided.


The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell Jan 2024

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …


Recruiting The Right Candidate, Cynthia Bassett Jan 2024

Recruiting The Right Candidate, Cynthia Bassett

Faculty Publications

The market for hiring a law librarian has changed significantly over the last few years. Those on both sides of the equation are a little uncertain about the whole process, wondering when the job search should start, how much to expect in pay, and what aspects of a position are up for discussion. The challenge of a limited pipeline of law librarians requires new approaches to recruiting.


Voting Under The Federal Constitution, Travis Crum Jan 2024

Voting Under The Federal Constitution, Travis Crum

Scholarship@WashULaw

There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.

A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …


The Worst Choice For School Choice: Tuition Tax Credits Are A Bad Idea And Direct Funding Is Wiser, Michael J. Broyde, Anna G. Gabianelli Jan 2024

The Worst Choice For School Choice: Tuition Tax Credits Are A Bad Idea And Direct Funding Is Wiser, Michael J. Broyde, Anna G. Gabianelli

Faculty Articles

School choice is on the rise, and states use various mechanisms to implement it. One prevalent mechanism is also a uniquely problematic one: the tax credit. Tax credits are deficient at equitably distributing a benefit like school choice; they are costly, and they invite fraud. Instead of using tax credits, states opting for school choice programs should use direct funding. Direct funding will more efficiently achieve the goals of school choice because it can be regulated like any other government benefit, even if it ends up subsidizing religious private schools.

Tax credits’ prevalence is not inexplicable, of course. It is …


The Compatibility Of The Substance Over Form Doctrine With Tax And Investment Treaties: A Case Study Of Lone Star V The Republic Of Korea, Blazej Kuzniacki Jan 2024

The Compatibility Of The Substance Over Form Doctrine With Tax And Investment Treaties: A Case Study Of Lone Star V The Republic Of Korea, Blazej Kuzniacki

Research Collection School Of Accountancy

In late August 2022, the Lone Star tribunal concluded one of the latest awards in tax-related investment treaty disputes (the tax-related claims account for almost USD 1.5 billion of the total of almost USD 4.7 billion claimed in compensation). It also is the first award in which the tribunal dealt with the application of the substance over form doctrine (SOFD) by tax authorities and courts of the host state to prevent the abuse of a double tax treaty (DTT), and the impact of the refusal to accord the claimants the benefits under the DTT via a domestic (Korean) SOFD on …


Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan Jan 2024

Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan

Singapore International Dispute Resolution Academy

Purpose: This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China. Design/methodology/approach: Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions. Findings: The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology. Research limitations/implications: There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and …


Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel Jan 2024

Book Challenges Popping Up All Over: What Do School Principals Need To Know?, Samantha Laine Hull, Sue Kimmel

STEMPS Faculty Publications

This chapter provides practical advice and reasons for school leaders to support students' intellectual freedom through their support of school libraries and school librarians. The chapter begins with a short but critical literature review that includes case law on the topic of censorship in schools. The concerns of teachers and librarians from a recent study are summarized and help build the foundation for practical and ready to use advice for any school leaders to uphold the intellectual freedom of all students.


Law Library Blog (January 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2024

Law Library Blog (January 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Biophilic Design And Biophilic Cities: An Explainer, Kincaid Brown Jan 2024

Biophilic Design And Biophilic Cities: An Explainer, Kincaid Brown

Law Librarian Scholarship

The COVID-19 pandemic brought into focus that outdoor activities in natural settings have a positive impact on mental health, and individuals participating in outdoor activity report higher rates of emotional well-being than individuals who do not participate in such activity. Biophilic design is an architectural practice that aims to connect people to nature through design concepts with one of the benefits being psychological. Other benefits of biophilic design include improvements to environmental quality, physical health, support of animal species and habitats, and more resilient and energy-efficient cities.


An Internal And External Contextual Autoethnography Of A Single Mother's Experience As It Intersects With Misogyny, Patriarchy, And Hegemonic Masculinity, Heidi Sampson Jan 2024

An Internal And External Contextual Autoethnography Of A Single Mother's Experience As It Intersects With Misogyny, Patriarchy, And Hegemonic Masculinity, Heidi Sampson

Antioch University Full-Text Dissertations & Theses

This dissertation is a contextual autoethnography of my lived experience with stigmatization, stereotypes, and institutional obstructions as a divorced single mother who previously experienced intimate partner violence and was diagnosed with post-traumatic stress disorder. The purpose of the study is to shed light on the complexity of the single motherhood experience, both internally and externally. From 2009 to 2019, the institutions I accessed for assistance as a single mother and those I interacted with for my children, my job, my health, and even within the church were unnecessarily burdensome financially, physically, and emotionally. This dissertation takes a contextual look at …


Contract-Wrapped Property, Danielle D'Onfro Jan 2024

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …


Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside Jan 2024

Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside

Research Collection Yong Pung How School Of Law

In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.


The Short And Troubled History Of The Printed State Administrative Codes And Why They Should Be Preserved, Kurt X. Metzmeier Jan 2024

The Short And Troubled History Of The Printed State Administrative Codes And Why They Should Be Preserved, Kurt X. Metzmeier

Faculty Scholarship

This article makes a case for the historical importance of early state administrative codes and urges that law libraries preserve them for future researchers of state administrative law and policy.


The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake Jan 2024

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

Articles

The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …


Institutional Design And The Predictability Of Judicial Interruptions At Oral Argument, Tonja Jacobi, Patrick Leslie, Zoë Robinson Jan 2024

Institutional Design And The Predictability Of Judicial Interruptions At Oral Argument, Tonja Jacobi, Patrick Leslie, Zoë Robinson

Faculty Articles

Examining oral argument in the Australian High Court and comparing to the U.S. Supreme Court, this article shows that institutional design drives judicial interruptive behavior. Many of the same individual- and case-level factors predict oral argument behavior. Notably, despite orthodoxy of the High Court as “apolitical,” ideology strongly predicts interruptions, just as in the United States. Yet, important divergent institutional design features between the two apex courts translate into meaningful behavioral differences, with the greater power of the Chief Justice resulting in differences in interruptions. Finally, gender effects are lower and only identifiable with new methodological techniques we develop and …


The Extent To Which The Humanistic Approach In Japanese Juvenile Training Schools Affects Recidivism, Natalie Bui Jan 2024

The Extent To Which The Humanistic Approach In Japanese Juvenile Training Schools Affects Recidivism, Natalie Bui

Auctus: The Journal of Undergraduate Research and Creative Scholarship

Japan’s juvenile justice system is regarded as one of the most unique and successful implementations of reformative justice. This approach has remained effective in maintaining Japan’s low rates of juvenile delinquency and recidivism, despite massive changes in Japanese society over the past decade. While Japan’s crime seems to be on an impressive decline, the United States continues to struggle with social control, juvenile delinquency, and, more recently, demands for justice reform from social movements like the Black Lives Matter Movement. The American juvenile justice system needs reform now more than ever and where better to get inspiration, than the industrialized …


Legal Pressure To Attend Substance Abuse Treatment, Angelicia Courteau Jan 2024

Legal Pressure To Attend Substance Abuse Treatment, Angelicia Courteau

Auctus: The Journal of Undergraduate Research and Creative Scholarship

This paper was written to bring awareness of how the legal system does not take into consideration those who suffer from substance use disorder, as well as ACEs. Brian Luke Burijon’s battle with addiction while incarcerated was used as an example of how the legal system’s one-size-fits-all approach is flawed. Mr. Burijon opted for a treatment he did not feel was ideal for him because the alternative was to remain incarcerated for a long period. Mr. Burijon was unable to tolerate the treatment at the facility and left early, which resulted in his overdose death.


Mass Incarceration In America: Where's The Church?, Michael J. Wing Dec 2023

Mass Incarceration In America: Where's The Church?, Michael J. Wing

Doctoral Dissertations and Projects

Due to mass incarceration, correctional facilities in America are dealing with unprecedented levels of overcrowding, staff shortages, violence, suicide, and widespread mental illness among inmates. Budget cuts and the corresponding loss of vocational, educational, and treatment programs have exacerbated such problems. Mass incarceration and its deleterious consequences are challenging the very soul of America, and the church has largely stood by and watched this tragic situation unfold over the last fifty years. This research project has explored some of the barriers that have precluded churches from taking a more intentional, active, and impactful role in doing something about the national …


Written Testimony Of Philip Hackney For The Hearing On Growth Of The Tax-Exempt Sector And The Impact On The American Political Landscape (U.S. House Ways & Means Subcommittee On Oversight, December 13, 2023), Philip Hackney Dec 2023

Written Testimony Of Philip Hackney For The Hearing On Growth Of The Tax-Exempt Sector And The Impact On The American Political Landscape (U.S. House Ways & Means Subcommittee On Oversight, December 13, 2023), Philip Hackney

Testimony

In written testimony before the House Ways & Means Subcommittee on Oversight on December 13, 2023, Professor Hackney emphasized three points about tax-exempt organizations and politics: (1) a diverse nonprofit sector that fosters civic participation and engagement is a gem of the United States -- we should maintain that; (2) the IRS budget for Exempt Organizations continues to NOT be sufficient to ensure the laws are equally and fairly enforced; and (3) there are simple things the IRS could do to enforce the law that it is not doing.