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Full-Text Articles in Law

A Fraud Filled “Fork In The Road?”: Preserving Benefits Of Telehealth Despite Fraud Risks Through Appropriate Preventative Measures, Matthew S. Andrade Jan 2024

A Fraud Filled “Fork In The Road?”: Preserving Benefits Of Telehealth Despite Fraud Risks Through Appropriate Preventative Measures, Matthew S. Andrade

Student Works

No abstract provided.


‘Good God’: How Civil Litigation Evolved To Hold Religious Entities Accountable For Clergy Sexual Abuse, Jake Helfand Jan 2024

‘Good God’: How Civil Litigation Evolved To Hold Religious Entities Accountable For Clergy Sexual Abuse, Jake Helfand

Student Works

No abstract provided.


The Expansion Of Sports Betting: What’S Next? Niche Sports, Michael V. Cresitello Iii Jan 2024

The Expansion Of Sports Betting: What’S Next? Niche Sports, Michael V. Cresitello Iii

Student Works

No abstract provided.


The Right To Cheesecake: Prisoners’ Rights Jurisprudence Through A Jewish Lens, Arielle L. Yacker Jan 2024

The Right To Cheesecake: Prisoners’ Rights Jurisprudence Through A Jewish Lens, Arielle L. Yacker

Student Works

No abstract provided.


Where To Go: Examining Enforcement Of Intra-European Union Arbitration Awards In The United States And United Kingdom Post-Achmea, Nicholas P. Cohen Jan 2024

Where To Go: Examining Enforcement Of Intra-European Union Arbitration Awards In The United States And United Kingdom Post-Achmea, Nicholas P. Cohen

Student Works

No abstract provided.


Comparative Analysis Of Two Data Privacy Regulatory Schemes: The Gdpr And The Ccpa, Sean Bradley Jan 2024

Comparative Analysis Of Two Data Privacy Regulatory Schemes: The Gdpr And The Ccpa, Sean Bradley

Student Works

No abstract provided.


Curing Cannibalism: The Case For Stricter Antitrust Scrutiny Regarding Hospital Mergers, Amelia Baijnath Jan 2024

Curing Cannibalism: The Case For Stricter Antitrust Scrutiny Regarding Hospital Mergers, Amelia Baijnath

Student Works

No abstract provided.


The Implications Of Free Exercise Clause Jurisprudence For State Abortion Bans, Kunjan Sunil Patel Jan 2024

The Implications Of Free Exercise Clause Jurisprudence For State Abortion Bans, Kunjan Sunil Patel

Student Works

No abstract provided.


Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff Jan 2024

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency 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.


Balancing The Scales: Harnessing The Power Of Artificial Intelligence (Ai) In Healthcare Fraud Detection While Navigating Ai’S Perils, Ally Winter Jan 2024

Balancing The Scales: Harnessing The Power Of Artificial Intelligence (Ai) In Healthcare Fraud Detection While Navigating Ai’S Perils, Ally Winter

Student Works

No abstract provided.


State Sovereign Immunity And The New Purposivism, Anthony J. Bellia, Bradford R. Clark Jan 2024

State Sovereign Immunity And The New Purposivism, Anthony J. Bellia, Bradford R. Clark

Journal Articles

Since the Constitution was first proposed, courts and commentators have debated the extent to which it alienated the States’ preexisting sovereign immunity from suit by individuals. During the ratification period, these debates focused on the language of the citizen-state diversity provisions of Article III. After the Supreme Court read these provisions to abrogate state sovereign immunity in Chisholm v. Georgia, Congress and the States adopted the Eleventh Amendment to prohibit this construction. The Court subsequently ruled that States enjoy sovereign immunity independent of the Eleventh Amendment, which neither conferred nor diminished it. In the late twentieth-century, Congress began enacting statutes …


Privacy Is The Price To Pay To Be A College Athlete: Drug Testing & Mandatory Consent To Information Disclosures Revisited After Alston, Alexa Sjolund Jan 2024

Privacy Is The Price To Pay To Be A College Athlete: Drug Testing & Mandatory Consent To Information Disclosures Revisited After Alston, Alexa Sjolund

Student Works

No abstract provided.


Post-Pandemic Access To Healthcare: Legal Implications Of Telehealth Treatment With Buprenorphine For Opioid Use Disorder, Carmela Dolgetta Jan 2024

Post-Pandemic Access To Healthcare: Legal Implications Of Telehealth Treatment With Buprenorphine For Opioid Use Disorder, Carmela Dolgetta

Student Works

No abstract provided.


Access And Opportunity For All: How New Jersey’S Current Educational System Disenfranchises Students, And How School Choice Vouchers And Scholarships Would Help Students Succeed, Bernadette Menendez Jan 2024

Access And Opportunity For All: How New Jersey’S Current Educational System Disenfranchises Students, And How School Choice Vouchers And Scholarships Would Help Students Succeed, Bernadette Menendez

Student Works

No abstract provided.


Music Modernization: How Spotify Saved The Music Industry And Nearly Killed The Musicians In The Process., Zoe Leid Jan 2024

Music Modernization: How Spotify Saved The Music Industry And Nearly Killed The Musicians In The Process., Zoe Leid

Student Works

No abstract provided.


Pigmen? Legal Implications Of Human-Pig Chimeras For Xenotransplantation, Nicholas A. Schwarz Jan 2024

Pigmen? Legal Implications Of Human-Pig Chimeras For Xenotransplantation, Nicholas A. Schwarz

Student Works

No abstract provided.


Caught In The Web: Balancing First Amendment Considerations In The Face Of Deepfake Child Pornography, Iqra A. Niazi Jan 2024

Caught In The Web: Balancing First Amendment Considerations In The Face Of Deepfake Child Pornography, Iqra A. Niazi

Student Works

No abstract provided.


Rethinking Regulations For P2p Lending, Elise Huang Jan 2024

Rethinking Regulations For P2p Lending, Elise Huang

Student Works

No abstract provided.


The Constitutionality Of The Privatization Of The Prison Industry, Eric Gallant Jan 2024

The Constitutionality Of The Privatization Of The Prison Industry, Eric Gallant

Student Works

No abstract provided.


The Problem With The United States For-Profit Cash Bail System And Why State Legislatures Should Stop Putting Profits Over People And Not Let Fear Prevent Bail Reform, Jake Collins Jan 2024

The Problem With The United States For-Profit Cash Bail System And Why State Legislatures Should Stop Putting Profits Over People And Not Let Fear Prevent Bail Reform, Jake Collins

Student Works

No abstract provided.


The Role Of Data Sharing In Transboundary Waterways: The Case Of The Helmand River Basin, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez Jan 2024

The Role Of Data Sharing In Transboundary Waterways: The Case Of The Helmand River Basin, Najibullah Loodin, Gabriel Eckstein, Vijay P. Singh, Rosario Sanchez

Faculty Scholarship

While data and information exchanges theoretically play an effective role in the decision-making process of a shared watercourse, in practice, there are several challenges that prevent riparians from sharing data in an effective and cooperative manner. This chapter seeks to assess why the riparian nations of the Helmand River have failed to adopt an effective data exchange mechanism although both nations signed an internationally recognized bilateral water treaty in 1973. Applying a mixed study approach, the study draws on the theory of planned behavior (TPB) to interpret the main obstacles of data sharing between Afghanistan, the upstream state, and Iran, …


The Ncaa's Challenge In Determining Nil Market Value, Meg Penrose Jan 2024

The Ncaa's Challenge In Determining Nil Market Value, Meg Penrose

Faculty Scholarship

This Article proceeds in three parts. Part II discusses the changes that NIL has wrought in college athletics. It briefly explains collectives and their impact on NIL. Part III discusses the impossibility of limiting athletes’ “fair market value” given market value depends on what the market is willing to pay. Congress has failed to pass national legislation. Yet the mosaic of state laws is simply unfit to stand in for national legislation. And, following multiple litigation losses, the NCAA cannot be trusted to “value” the athletes themselves. Market value, if one is to be established, must be uniform and assessed …


Transaction-Specific Tax Reform In Three Steps: The Case Of Constructive Ownership, Thomas J. Brennan, David M. Schizer Jan 2024

Transaction-Specific Tax Reform In Three Steps: The Case Of Constructive Ownership, Thomas J. Brennan, David M. Schizer

Faculty Scholarship

Similar investments are often taxed differently, rendering our system less efficient and fair. In principle, fundamental reforms could solve this problem, but they face familiar obstacles. So instead of major surgery, Congress usually responds with a Band-Aid, denying favorable treatment to some transactions, while preserving it for others. These loophole-plugging rules have become a staple of tax reform in recent years. But unfortunately, they often are ineffective or even counterproductive. How can Congress do better? As a case study, we analyze Section 1260, which targets a tax-advantaged way to invest in hedge funds. This analysis is especially timely because a …


Employee Wellness Programs: A Promising Vehicle To Decrease Healthcare Cost And Improve Employee Health, Victoria Schaefer Jan 2024

Employee Wellness Programs: A Promising Vehicle To Decrease Healthcare Cost And Improve Employee Health, Victoria Schaefer

Student Works

No abstract provided.


The Illicit Trafficking Of Cultural Property: Are The Existing International Legal Framework And Enforcement Mechanisms No More Than Glorified Placeholders For The Real Actors?, Ma. Andrea Nicole Gecosala Jan 2024

The Illicit Trafficking Of Cultural Property: Are The Existing International Legal Framework And Enforcement Mechanisms No More Than Glorified Placeholders For The Real Actors?, Ma. Andrea Nicole Gecosala

Student Works

No abstract provided.


Concussions And Collegiate Sports: Can The Ncaa Be Held Accountable?, Isabella M. Smith Jan 2024

Concussions And Collegiate Sports: Can The Ncaa Be Held Accountable?, Isabella M. Smith

Student Works

No abstract provided.


Drug Testing And Cannabis Impairment In The Workplace: Exploring Employment Protections For Recreational Cannabis Users In The United States, Dana Lechleiter Jan 2024

Drug Testing And Cannabis Impairment In The Workplace: Exploring Employment Protections For Recreational Cannabis Users In The United States, Dana Lechleiter

Student Works

No abstract provided.


School Pronoun Policy Divide: How The Expansion Of Free Exercise May Help Teachers Challenge Mandatory Student Pronoun Reporting Policies, Mathew Mazer Jan 2024

School Pronoun Policy Divide: How The Expansion Of Free Exercise May Help Teachers Challenge Mandatory Student Pronoun Reporting Policies, Mathew Mazer

Student Works

No abstract provided.