Law Commons^™

The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf

Irene Scharf

The case alerted me to the continuing issue concerning the treatment of alleged violations of Fourth Amendment rights in immigration court, with this article the result of research conducted relating thereto. Beyond reviewing the relevant views of the federal courts of appeals; the administrative tribunal that handles appeals of immigration court cases, the Board of Immigration Appeals (BIA); and even local immigration courts; I consider whether the jurisprudence has remained static since the Supreme Court's watershed opinion on the issue about twenty-five years ago. I also offer suggestions as to how to effectively, fairly, and efficiently resolve the issues raised …

Trusting (And Verifying) Online Intermediaries' Policing, Frank A. Pasquale

Frank A. Pasquale

All is not well in the land of online self-regulation. However competently internet intermediaries police their sites, nagging questions will remain about their fairness and objectivity in doing so. Is Comcast blocking BitTorrent to stop infringement, to manage traffic, or to decrease access to content that competes with its own for viewers? How much digital due process does Google need to give a site it accuses of harboring malware? If Facebook censors a video of war carnage, is that a token of respect for the wounded or one more reflexive effort of a major company to ingratiate itself with the …

Ending Judgment Arbitrage: Jurisdictional Competition And The Enforcement Of Foreign Money Judgments In The United States, Gregory Shill

Gregory Shill

Recent multi-billion-dollar damage awards issued by foreign courts against large American companies have focused attention on the once-obscure, patchwork system of enforcing foreign-country judgments in the United States. That system’s structural problems are even more serious than its critics have charged. However, the leading proposals for reform overlook the positive potential embedded in its design.

In the United States, no treaty or federal law controls the domestication of foreign judgments; the process is instead governed by state law. Although they are often conflated in practice, the procedure consists of two formally and conceptually distinct stages: foreign judgments must first be …

Regulatory Regimes, The Protection Of Children, And Music Subcultures Online: Contesting The Terms Of Debate, Andrew Whelan

Faculty of Law, Humanities and the Arts - Papers (Archive)

When ‘child welfare’ becomes a robust legislative logic, the potential for music to fall under the remit of regulation is expanded. In Australia, materials that ‘describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under 18 (whether the person is engaged in sexual activity or not)’ are prohibited. This applies to material which is visual, verbal, or in NSW, ‘in any other form’, extending also to representations or descriptions of fictional persons. It therefore has the scope to render work in several genres …

Application Of The Responsive Regulation Theory In The Food Safety Regulatory Regime In Bangladesh, Abu Noman Mohammad Atahar Ali

Faculty of Law, Humanities and the Arts - Papers (Archive)

Bangladesh, a developing country of the South Asian region, has been suffering from a rampant food adulteration problem for the last couple of decades. Recent studies revealed that numerous deaths along with countless physical illness are happening as the consequences of this ongoing food adulteration. Several attempts have been through to change the food safety regulatory regime (FSRR) of Bangladesh to combat this alarming issue. Unfortunately the situation has hardly been changed. Rather it is getting worse day by day. However, Bangladesh has never changed the regulatory enforcement philosophy of its FSRR to combat this severe food safety concern. The …

Food Safety And Public Health Issues In Bangladesh: A Regulatory, Abu Noman Mohammad Atahar Ali

Faculty of Law, Humanities and the Arts - Papers (Archive)

In Bangladesh, most of the foodstuffs, be they manufactured or processed, are unsafe for consumption or adulterated to varying degrees. This problem persists at every level of the food chain from preparation to consumption. Food manufacturers, processors, restaurants, fast food outlets and so forth are all involved in one way or another in this corrupt practice of adulteration. Foods are adulterated by using various harmful chemicals and toxic artificial colours, on the one hand, and rotten perishables turned to poisonous foods are stored, sold and served to consumers in an unhygienic atmosphere, on the other. The unhygienic and unsafe treatment …

Responsive Regulation And Application Of Grading Systems In The Food Safety Regulatory Regimes Of Developing Countries, Abu Noman Mohammad Atahar Ali

Faculty of Law, Humanities and the Arts - Papers (Archive)

The traditional tit-for-tat philosophy in the food safety regulatory regime in most developing countries has been proven ineffective in most cases. Rather, starting with persuasion, advice, and then escalating to more severe punishments for the continuing non-compliance as suggested in the responsive regulation by Ayres and Braithwaite has been proved more effective in the food safety regulatory regime of some jurisdictions. Responsive regulation aims to increase responsibility among corporations. So, if a corporation shows responsibility, it should be rewarded, and if a corporation shows irresponsibility, it should be reprimanded (if necessary). There is no logic in seeing and treating every …

The Supreme Court And The Ppl Montana Case: Examining The Relationship Between Navigability And State Ownership Of Submerged Lands, Richard C. Ausness

Law Faculty Scholarly Articles

The United States Supreme Court held in PPL Montana v. Montana held that the State of Montana did not own the beds beneath certain rivers and, therefore, rejected the State's claim that the power company owed it millions of dollars in "back rent" for the use of the riverbeds as sites for ten of its hydroelectric power plants. The Montana Supreme Court, which had ruled in favor of the State, declared that even if portions of a river were not navigable for commercial purposes because of physical conditions, the entire river would be treated as navigable if commercial traffic could …