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2014

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Full-Text Articles in Law

Shooing The Vultures Away From The Consumer Bankruptcy Carcass: Attorney Fees Owed By Debtors For Marital Dissolution Are Not Domestic Support Obligations, Christopher V. Davis Dec 2014

Shooing The Vultures Away From The Consumer Bankruptcy Carcass: Attorney Fees Owed By Debtors For Marital Dissolution Are Not Domestic Support Obligations, Christopher V. Davis

University of Massachusetts Law Review

This Note will focus on consumer bankruptcy related to chapter 7 and chapter 13 filings. Section I provides an introduction to DSOs and the goals of enforcing them through bankruptcy. Section I also discusses the impact of DSO status on the automatic stay, discharge, priority status for property distribution of the bankruptcy estate, capability to reach exempt property, and application to attorney fees. Section II argues that, where attorney fees are not owed to a spouse, former spouse, or child, and do not fit within an impact exception, the fees are not DSOs, but instead are merely general non-secured claims ...


Policy Context Of The Endemic Flora Of The Maltese Islands In A Changing Taxonomic Landscape, Clara Agius Dec 2014

Policy Context Of The Endemic Flora Of The Maltese Islands In A Changing Taxonomic Landscape, Clara Agius

Masters Theses, 2010-2019

The degradation of the environment since the Industrial Revolution has been a turning point for legislation, leading to many countries, including EU states, to create legislations that conserve the environment. These legislations are based on scientific facts. This can create a divide between policy and science, as science and scientific methods are constantly changing, while policy has to keep up. Scientific facts of yesterday, may not necessarily be the same as today. This divide between science and policy may have implications on the designation of Protected Areas. One of the criteria of a Protected Area is the protection of an ...


Supermax’S Kryptonite? Wilkinson V. Austin: The Due Process Challenge To Ohio’S Super-Maximum Security Prison, Adam Miller Dec 2014

Supermax’S Kryptonite? Wilkinson V. Austin: The Due Process Challenge To Ohio’S Super-Maximum Security Prison, Adam Miller

University of Massachusetts Law Review

This note discusses the Supreme Court’s holding in Wilkinson that OSP’s system for inmate placement in its Supermax facility does not violate the Equal Protection Clause. Part II will summarize OSP’s purpose and condition, and will focus on Ohio’s New Policy regarding inmate placement. Part III will examine Supreme Court precedent and the Court’s conclusions of law in determining whether inmates have a protected liberty interest in avoiding assignment to OSP and the due process implications of the inmate selection process to OSP. Part IV will question the Supreme Court’s disregard of the adverse ...


Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann Dec 2014

Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann

University of Massachusetts Law Review

To squarely address this decisional quagmire, this article examines the binding effect of ICJ orders, entered pursuant to its compulsory jurisdiction, on American courts; earlier decisions of the Supreme Court penalizing foreign nationals for failing to timely raise individual treaty claims; the effect on treaty enforcement in domestic courts after the executive branch’s recent foreign policy decision to withdraw from compulsory ICJ jurisdiction; the current policy disputes dividing the United States and the ICJ; and, the national interest, or lack thereof, in treaty compliance. The article concludes that the government’s current claim that a “long standing presumption” exists ...


Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda, Ari Freilich Dec 2014

Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda, Ari Freilich

University of Massachusetts Law Review

This Article discusses two important facets of Military Regulation and veterans law. First, this Article explores how the Uniform Code of Military Justice treats veterans accused of committing self-injury. Thus, there is a prohibition on , including criminal prosecution of, attempted suicide, which this Article argues exacerbates the issues which many of our brave servicemen and women face upon returning home from combat, often carrying the burden of mental disorders such as post-traumatic stress disorder. Second, this Article delves into Air Force Regulations, which prohibits termination, without cause, once an officer reaches the rank of Major and has served at least ...


Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk Dec 2014

Misappropriation Of An Instrumental Musician’S Identity, Peter Pawelczyk

University of Massachusetts Law Review

In some cases, singers have been able to vindicate property rights in their identities when advertisers have featured sound-alike singers in commercials. However, there is no case law to support that an instrumental musician can protect herself from an advertiser imitating the characteristic sound of her playing. This Comment will explore whether and how the law should protect “musical identities”, particularly when the plaintiff is an instrumental musician rather than a singer.


Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik Nov 2014

Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik

Legislation and Policy Brief

The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate criminal ...


Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek Nov 2014

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Toward Win-Win Sustainable Development, Linda Moon Nov 2014

Toward Win-Win Sustainable Development, Linda Moon

Columbia Center on Sustainable Investment Staff Publications

An interview with Lisa Sachs, Director of the Columbia Center on Sustainable Investment.


Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment Nov 2014

Meeting Summary Of Colloquium On Policy, Law, Contracts, And Sustainable Development, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In November 2014, CCSI and the Institute for Human Rights and Business co-convened a colloquium on policy, law, contracts, and sustainable development, with a particular focus on large-scale investments in the extractive industries and the agriculture sector. The colloquium provided an opportunity for practitioners to share information on their related work, as well as to reflect on current practices and remaining gaps regarding efforts to embed sustainability and human rights into large-scale deals. This outcome document provides a summary of the discussion, while its annex includes information on participants’ relevant programs, initiatives, and tools.


The Judicial Regulation Of Lawyers In Canada, Amy Salyzyn Oct 2014

The Judicial Regulation Of Lawyers In Canada, Amy Salyzyn

Dalhousie Law Journal

The question of whether Canadian lawyers ought to be trusted to govern themselves has been repeatedly raised by the public, policy-makers and the academy over the past several decades. The legal profession has responded on a number of fronts, adopting what has been characterized as a "regime of defensive self-regulation." The analysis in this article complements and complicates this account by arguing that, alongside the profession's efforts at defensive self-regulation, there has been a steady stream of aggressive judicial regulation. The central argument of this article is two-fold: first, that courts have come to occupy an increasingly active role ...


Good Conduct Time For Prisoners: Why (And How) Wisconsin Should Provide Credits Toward Early Release, Michael O'Hear Oct 2014

Good Conduct Time For Prisoners: Why (And How) Wisconsin Should Provide Credits Toward Early Release, Michael O'Hear

Marquette Law Review

Wisconsin is one of about twenty states not offering good conduct time (GCT) to prisoners. In most states, prisoners are able to earn GCT credits toward accelerated release through good behavior. Wisconsin itself had GCT for more than a century, but eliminated it as part of a set of reforms in the 1980s and 1990s that left the state with what may be the nation’s most inflexible system for the release of prisoners. Although some of these reforms helpfully brought greater certainty to punishment, they went too far in eliminating nearly all meaningful recognition and encouragement of good behavior ...


Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe Sep 2014

Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe

Nicholas A Wolfe

International economic sanctions frequently violate human rights in targeted states and rarely achieve their objectives. However, many hail economic sanctions as an important nonviolent tool for coercing and persuading change. In November 2013, the Islamic Republic of Iran negotiated a temporary agreement with major world powers regarding Iran’s nuclear program. The United States’ media and politicians have repeatedly and incorrectly attributed Iran’s willingness to negotiate to the effectiveness of economic sanctions.

Politicians primarily focus on immediate domestic effects and enact sanctions without a thorough understanding of the long-term effects on the United States economy and the public within ...


Insurance Mandates: Colorectal Cancer Screening Utilization And Racial/Ethnic Disparities, Michael Preston Aug 2014

Insurance Mandates: Colorectal Cancer Screening Utilization And Racial/Ethnic Disparities, Michael Preston

Michael Preston

Colorectal Cancer is the third most common cancer found in men and women in the United states. In 2014, the American Cancer Society estimates over 136,000 new cases of colorectal cancer and approximately 50,000 deaths. Although the overall death rate for colorectal cancer has decreased over the past 20 years, disparities remain among medically underserved populations.


Interpreting, Stephanie Jo Kent Aug 2014

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and ...


Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh Goodmark, Ann Rosewater Jul 2014

Steps Toward Safety: Improving Systemic And Community Responses For Families Experiencing Domestic Violence, Leigh Goodmark, Ann Rosewater

Leigh S. Goodmark

This report is designed to mine the lessons learned from the research and reforms in child welfare and domestic violence, as well as explore possibilities for the next generation of innovation.


Evaluation Of Academic Scientists’ Responses To Situations That Pose A Conflict Of Interest, Joanna K. Sax Jul 2014

Evaluation Of Academic Scientists’ Responses To Situations That Pose A Conflict Of Interest, Joanna K. Sax

Joanna K Sax

The industry-academy relationship has many benefits, but it also has potential drawbacks, including potential conflicts of interest (e.g., when the profit motives of a private company unduly influence academic responsibilities). To date, policies intended to regulate or manage financial conflicts of interest appear to be unsatisfying and inadequate. The present study examined predictors of the responses of academic scientists and clinicians to hypothetical situations in which financial and other conflicts of interest may arise. Academic scientists and clinicians at five medical schools completed an anonymous survey that included vignettes that posed a potential conflict of interest. Participants indicated the ...


Preserving Negotiation Whilst Promoting Global Order: Should We Bargain With Salt-Water Devils?, Lucas Bento Jul 2014

Preserving Negotiation Whilst Promoting Global Order: Should We Bargain With Salt-Water Devils?, Lucas Bento

Lucas Bento

This Article utilizes theories of negotiation to assess whether negotiating with pirates is sound policy, and argues for a solution that maximizes the interests of all stakeholders without compromising important policy-based considerations.


Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann Jul 2014

Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann

Faculty Scholarship

Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America’s energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewables. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to more cost-effectively promote renewable energy through capital markets and crowdfunding.

Federal support for renewable energy projects today comes primarily in the form of tax incentives such as accelerated depreciation and, critically, tax credits. Empirical evidence reveals ...


Identifying The Enemy In Counterterrorism Operations: A Comparison Of The Bush And Obama Administrations, Boaz Ganor Jun 2014

Identifying The Enemy In Counterterrorism Operations: A Comparison Of The Bush And Obama Administrations, Boaz Ganor

International Law Studies

Identifying the enemy plays a crucial role in providing the government with the authority needed to fight terrorism—from the authority to investigate threats to the authority to detain and use lethal force. The two administrations significantly differ in their understanding of the enemy, both at the organizational and individual levels. They also differ in their understanding of the boundaries of the battlefield. Ultimately, contrasting the policies adopted by the Bush and Obama administrations reveals that the early identification of the enemy by decision makers shaped the nature and scope of each administration’s counterterrorism strategies.


Garbage Everywhere What Refuse In India's Streets Reveals About America's Hidden Trash Problem, Noah M. Sachs Jun 2014

Garbage Everywhere What Refuse In India's Streets Reveals About America's Hidden Trash Problem, Noah M. Sachs

Law Faculty Publications

In early 2014, I arrived in the southern Indian city of Bangalore, which just two years before had been paralyzed by a garbage-worker strike and a severe shortage of landfill space. The municipal government had responded to public anger over uncollected trash with decrees on waste segregation and composting that went unenforced, and by the time I showed up, not much had changed. In the city that bills itself as India’s Silicon Valley, there are still putrid piles of garbage all around town. Bangaloreans accept open dumps in their neighborhoods as a fixture of the landscape, to be seen ...


Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi Apr 2014

Navigating Pacific Fisheries: Legal And Policy Trends In The Implementation Of International Fisheries Instruments In The Western And Central Pacific Region, Quentin Hanich, Ben M. Tsamenyi

Quentin Hanich

Navigating Pacific Fisheries analyses the legal and policy context for the conservation, management and exploitation of tuna fisheries in the Western and Central Pacific region.


Social Media And The Courts - The Balance Between Open Justice And The Administration Of Justice, Jane Johnston, Patrick Keyzer, Mark Pearson, Sharon Rodrick, Anne Wallace Apr 2014

Social Media And The Courts - The Balance Between Open Justice And The Administration Of Justice, Jane Johnston, Patrick Keyzer, Mark Pearson, Sharon Rodrick, Anne Wallace

Jane Johnston

The widespread and pervasive use of social media in Australian society is increasing pressure on courts and tribunals to develop social media policies.


Elecronic Tax System In Tanzania: Appraisal Of The Legal Basis, Desderius M. Hekwe Apr 2014

Elecronic Tax System In Tanzania: Appraisal Of The Legal Basis, Desderius M. Hekwe

DESDERIUS M, Hekwe

With the development of Information Technology in the world many aspects of life has been affected, this, for instance, has influenced countries to come up with policies and measures for adopting these changes. This discussion is therefore focused on looking at the frameworks for the introduced electronic tax system in Tanzania, mainly on the legal basis of it. The main area looked at is the tax collection system, to include electronic filling of returns, electronic registration and licensing of tax payers, rights and liabilities of tax payers and efficiency of the system. The discussion also gives an overview and discussion ...


To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual “Private Zone” And The Balloon Theory, Shlomit Yanisky-Ravid Apr 2014

To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual “Private Zone” And The Balloon Theory, Shlomit Yanisky-Ravid

Shlomit Yanisky-Ravid Professor of Law

Social networking has increasingly become the most common venue of self-expression in the digital era. Although social networks started as a social vehicle, they have recently become a major source for employers to track personal data ("screening") of applicants, employees or former employees.

This article addresses the questions of whether this casual business routine harms employees' rights to privacy with regard to data users post in social networks, what the drawbacks of this routine may be, and why and how privacy rights should be protected to secure private zones within the virtual sphere. The article suggests that a privacy right ...


Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn Mccarthy Apr 2014

Squatting: Lifting The Heavy Burden To Evict Unwanted Company, Shannon Dunn Mccarthy

University of Massachusetts Law Review

In the later part of 2012, news and media outlets gave widespread attention to the fact that people were living rent-free in homes across the United States while the property owners were left with the burden of evicting the unwanted company in order to gain rightful possession to their property. These stories were not isolated to low incomes areas. News broadcasts shed light on squatters making camp in high-end realty valued in the millions. At the same time, news outlets in the United Kingdom were reporting on the squatting topic, but with a different angle – a recent law criminalizing squatting ...


Resolving The Double Liability Problem: A Critique Of California's Mechanics Lien Statute, Terrence Nguyen Apr 2014

Resolving The Double Liability Problem: A Critique Of California's Mechanics Lien Statute, Terrence Nguyen

University of Massachusetts Law Review

California’s mechanics lien statute allows a sub-contractor to file a lien on a homeowner’s property when a direct contractor, for whom the sub-contractor worked, has failed to pay the sub-contractor. The statute compels the homeowner to pay the sub-contractor even when the homeowner has paid the direct contractor in full. This Note argues that California’s mechanics lien statute is too broad, because the statute does not provide any exception for a homeowner who has paid the direct contractor in full. Specifically, this Note argues that California’s mechanics lien statute violates public policy, as well as constitutional ...


Anaerobic Digestion As A Renewable Energy Source And Waste Management Technology: What Must Be Done For This Technology To Realize Success In The United States?, Blake Anthony Klinkner Apr 2014

Anaerobic Digestion As A Renewable Energy Source And Waste Management Technology: What Must Be Done For This Technology To Realize Success In The United States?, Blake Anthony Klinkner

University of Massachusetts Law Review

Anaerobic digestion technology uses microorganisms to consume waste and produce methane gas, which serves as a source of clean renewable energy. Although anaerobic digestion is widely used for both purposes throughout the rest of the world, it is rarely applied in the United States. This Article explains the scientific processes of anaerobic digestion. It then discusses how anaerobic digestion has been used throughout history and among societies as a waste management technology and source of renewable energy. The Article continues by addressing the legal aspects of anaerobic digestion, examining the reasons why it is not widely used in the United ...


S14rs Sgr No. 30 (Food Allergens - Lsu Dining), Gore Apr 2014

S14rs Sgr No. 30 (Food Allergens - Lsu Dining), Gore

Student Senate Enrolled Legislation

No abstract provided.


S14rs Sgr No. 28 (Medical Amnesty, Drug-Related Emergencies), Jacob Boudreaux Apr 2014

S14rs Sgr No. 28 (Medical Amnesty, Drug-Related Emergencies), Jacob Boudreaux

Student Senate Enrolled Legislation

No abstract provided.