Law Commons^™

Location Surveillance By Gps: Balancing An Employer's Business Interest With Employee Privacy, Kendra Rosenberg

Washington Journal of Law, Technology & Arts

Employers are increasingly using GPS tracking devices as business tools to monitor employee movements. Recent judicial decisions have found an employer’s interest in using location surveillance on employer-owned property generally trumps an employee’s privacy interests. However, employers deciding to use GPS should be aware of the potential limitations on tracking an employee based on state constitutional, statutory, and common law rights to privacy. This Article focuses on the permissible scope of an employer’s use of GPS to track employees in the workplace.

Religious Exemption Or Exceptionalism? Exploring The Tension Of First Amendment Religion Protections & Civil Rights Progress Within The Employment Non-Discrimination Act, Richael Faithful

Celebrating WCL Student Authors

The District of Columbia (D.C.) marked a landmark civil rights achievement in December 2009 when the city passed the Religious Freedom and Civil Marriage Equality Amendment Act. The law’s enactment allowed D.C. to become the sixth jurisdiction to sanction same-sex marriage in the United States. Supporters hailed the law as a victory for lesbian and gay equality, while detractors vowed that their efforts to traditionally define marriage would continue.

Among the most public opponents of the law was the Catholic Archdiocese of Washington, which operates Catholic Charities, a leading service provider to low-income residents in the metropolitan area. The Catholic …

Zoo Registrars: A Bewildering Bureaucracy, Irus Braverman

Journal Articles

While their counterparts in the museum world have received some scholarly attention, no scholarly account of zoo registrars has been published to date. Why bother studying zoo registrars? Firstly, in the (contained) wildness of the zoo, the registrar performs the role of law and order. She (typically this position is employed by females) manages the administrative side of the zoo: a junction between data management and small-scale legal administration. Secondly, registrars both depict and represent the significant transformations that have occurred in North American zoos over the last few decades, from insular urban institutions exhibiting exotic animals for entertainment, to …

Neutralizing Actual Controversy: How Patent Holders Can Reduce The Risk Of Declaratory Judgment In Patent Disputes, Homer Yan-Hsien Hsu

Washington Journal of Law, Technology & Arts

Alleged patent infringers may bring declaratory judgment actions against patentees when actual controversies exist over infringement or validity. Such declaratory judgment actions are important strategic tools because they allow alleged infringers to take initiative and bring actions, thereby eliminating the risk of doing business without knowing whether continued product use would constitute infringement. Declaratory judgment actions also provide alleged infringers an opportunity to choose the forum in which to bring their suits. In order to bring such an action, however, there must be an actual controversy between the parties to establish standing. The United States Supreme Court’s 2007 decision in …

Understanding The Appeal Of The Taliban In Pakistan, Syed Manzar Abbas Zaidi

Journal of Strategic Security

This article briefly explores the economics of the "Talibanization" of Pakistan within descriptive and contextual paradigms, while attempting to find a best solution to counter rising militancy in the context of realities facing the population on the ground. One such solution is the National Pakistani Counter Terrorism and Extremism Strategy (NACTES), designed to curb Taliban financing in Pakistan. The strategy is being drafted by National Counter Terrorism Authority (NACTA), the nascent homeland security coordination body set up by the state as the primary public organ entrusted with counterterrorism, counter-extremism, and de-radicalization efforts of the state.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.

Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão

University of Miami International and Comparative Law Review

Due to an emerging Brazilian doctrine of environmental liability, lenders now face the prospect of lawsuits that seek remediation of, or compensation for, environmental damages resulting from their borrowers' activities. Unprecedented judicial decisions (based on a strict, joint and several environmental liability for lenders) broad standing, and ongoing initiatives of the government portray financial institutions as the best target to pursue environmental protection in the country. That scenario, however, may represent a detour from the imperative improving the functionality of the public administration. This article examines how legal actors are shaping Brazil's environmental law enforcement and the extent to which …

Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier

Law Student Publications

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.

Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle

Law Student Publications

In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.

Developing An Ecological Social Justice Framework For Ocean Energy Technologies: Case Studies From The Phillipines, Jay Batongbacal

PhD Dissertations

Unless subjected to skeptical and conscious scrutiny, environmentally-friendly ocean energy technologies can become Trojan machines of social inequity due to the subtle re-organizing influences of technologies on culture and the society. Environmental laws that promote or regulate ocean energy technologies can act as Trojan legal regimes in the absence of a framework for assessing and anticipating their adverse impacts on social justice. Environmental justice is inadequate for this task, so an alternative framework is proposed: ecological social justice, drawn from the Third Worlds perspective of sustainable development as equitable sharing. Though overshadowed by the prevalent notion of sustainable development as …

Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim

Washington Journal of Law, Technology & Arts

In Gordon v. Virtumundo, the United States Court of Appeals for the Ninth Circuit published its first opinion on private plaintiff standing requirements for actions under the federal CAN-SPAM Act. The court strictly interpreted CAN-SPAM’s enforcement language, rejecting attempts by professional litigants to insert themselves into CAN-SPAM’s limited private right of action. This Article analyzes Gordon’s treatment of CAN-SPAM’s private right of action and federal preemption provisions. It concludes by assessing the decision’s expected effect on future spam-related litigation.

Supplying The Light At The End Of The Tunnel: Using State-Level Experience To Develop Federal-Level Renewable Energy Policy, Joshua J. Houser

Southeastern Environmental Law Journal

No abstract provided.

Bridging The Gap: Using Social Psychology To Design Market Interventions To Overcome The Energy Efficiency Gap In Residential Energy Markets, Brandon Hofmeister

Southeastern Environmental Law Journal

No abstract provided.

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.

Legal Beagle Blog (October 2010), Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Judicial Selection In Rhode Island: Assessing The Experience With Merit Selection: Response, Emily J. Sack

Law Faculty Scholarship

No abstract provided.

Locating The Regulation Of Data Privacy And Data Security, Edward J. Janger

Faculty Scholarship

No abstract provided.

The Costs Of Liquidity Enhancement: Transparency, Risk Alteration And Coordination Problems, Edward J. Janger

Faculty Scholarship

No abstract provided.

Reaching Equilibrium In Tobacco Litigation, Aaron D. Twerski, James A. Henderson, Jr.

Faculty Scholarship

No abstract provided.

Class Of 2013 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2013

Making Virtual Copyright Work, Matthew R. Farley

Law Student Publications

This Article proposes measures that attempt to strike the balance between creation and access. The virtual-world community is not likely to persevere with the little copyright protection it currently enjoys. Creativity will dwindle and the rich, energetic settings that make virtual worlds so attractive to businesses and entertainers will follow suit. At the same time, because much of the creativity in virtual worlds is derivative in nature, virtual creators are also unlikely to benefit from strong copyright protections. Therefore, current interpretation of copyright law must be revisited and revised before applying it to virtual worlds. Part I details virtual worlds …

Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.

Journal of Race, Gender, and Ethnicity

No abstract provided.

Uwlaw, Fall 2010, Vol. 62

Alumni Magazines

No abstract provided.

The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings

Indiana Law Journal

No abstract provided.

Bridging The Gap: How United States V. Munn Correctly Interprets The Legislative Intent Of Amendment 706 Addressing The Disparity Between Crack And Cocaine Offenses, Alyn Goodson

North Carolina Central Law Review

No abstract provided.

The Least Of These: A Constitutional Challenge To North Carolina's Sexual Offender Laws And N.C. Gen. Stat. Sec. 14-208.18, Brian P. Livecchi

North Carolina Central Law Review

No abstract provided.

Expanding The Role Of North Carolina State Courts In Resolving Public Housing Disputes, Nooree Lee

North Carolina Central Law Review

No abstract provided.

The 2009 Amendment To Federal Rule 15(A)(1) - A Study In Ambiguity, Susan E. Hauser

North Carolina Central Law Review

No abstract provided.

Reauthorizing Schip: Only A Starting Point, Pamela Newell

North Carolina Central Law Review

No abstract provided.