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Articles 1741 - 1770 of 12633
Full-Text Articles in Law
Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely
Coeur D'Alene Tribe's Enduring Relation To Water -- A Legal History, Dylan R. Hedden-Nicely
Articles
No abstract provided.
Hidden In Plain Sight: Exploring The Vulnerabilities Of Street-Working Boys In Se Asia, Jarrett Davis, Glenn Miles
Hidden In Plain Sight: Exploring The Vulnerabilities Of Street-Working Boys In Se Asia, Jarrett Davis, Glenn Miles
Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)
The sexual exploitation of men and boys is often little understood and commonly goes ignored. Internationally, it is said that 1 in 6 boys are sexually abused before reaching adulthood and in some nations the exploitation and abuse of boys far outweighs that of girls. Social and cultural norms often assume men and boys to be inherently strong and/or invulnerable to sexual exploitation; however, research in this area continues to show these assumptions to be false. Because of this lack of awareness, the efforts of the organizations and individuals who work to provide for the needs of male victims are …
Export Control Proliferation: The Effects Of United States Governmental Export Control Regulations On Small Businesses—Requisite Market Share Loss; A Remodeling Approach, Jared A. Borocz-Cohen
Export Control Proliferation: The Effects Of United States Governmental Export Control Regulations On Small Businesses—Requisite Market Share Loss; A Remodeling Approach, Jared A. Borocz-Cohen
University of Miami Business Law Review
Made in the USA. This phrase, stamped on the bottom of many domestic items, is becoming increasingly difficult to find abroad. The United States government, of course, regulates almost every good manufactured in America. The obvious federal regulations encompass topics such as, but not limited to, consumer safety, durability, and warranty. However, perhaps the most important of these regulations are those aimed at national security. Federal regulations concerning national security is the junction at which export controls come into play. The central goal of export controls in the United States, and globally, is to promote security. The main issue this …
Consuming Identities: Law, School Lunches, And What It Means To Be American, Melissa Mortazavi
Consuming Identities: Law, School Lunches, And What It Means To Be American, Melissa Mortazavi
Cornell Journal of Law and Public Policy
No abstract provided.
Testing Solutions For Adult Film Performers, Zachary R. Bergman
Testing Solutions For Adult Film Performers, Zachary R. Bergman
Cornell Journal of Law and Public Policy
No abstract provided.
The Uprooting Of The American Dream: The Diminished And Deferred Rights Of The U.S. Citizen Child In The Immigration Context, Joanne Joseph
The Uprooting Of The American Dream: The Diminished And Deferred Rights Of The U.S. Citizen Child In The Immigration Context, Joanne Joseph
Cornell Journal of Law and Public Policy
No abstract provided.
Health Law As Social Justice, Lindsay F. Wiley
Health Law As Social Justice, Lindsay F. Wiley
Cornell Journal of Law and Public Policy
No abstract provided.
Chartering A New Course In Statutory Interpretation: A Commentary On Richard Ekins' The Nature Of Legislative Intent, Donald L. Drakeman
Chartering A New Course In Statutory Interpretation: A Commentary On Richard Ekins' The Nature Of Legislative Intent, Donald L. Drakeman
Cornell Journal of Law and Public Policy
No abstract provided.
Neither Friend Nor Follower: Ethical Boundaries On The Lawyer's Use Of Social Media, Robert Keeling, Tami Weerasingha-Cote, John Paul Schnapper-Casteras
Neither Friend Nor Follower: Ethical Boundaries On The Lawyer's Use Of Social Media, Robert Keeling, Tami Weerasingha-Cote, John Paul Schnapper-Casteras
Cornell Journal of Law and Public Policy
No abstract provided.
Analysis Of Human Trafficking Cases In Rhode Island, 2009-2013, Donna M. Hughes, Rachel Dunham, Faith Skodmin, Lucy Tillman, Jessica Wainfor
Analysis Of Human Trafficking Cases In Rhode Island, 2009-2013, Donna M. Hughes, Rachel Dunham, Faith Skodmin, Lucy Tillman, Jessica Wainfor
Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)
This presentation is an analysis of seven state and federal cases of human trafficking, including forced labor and sex trafficking, in Rhode Island from 2009 until 2013. In 2009, Rhode Island passed a comprehensive human trafficking law. Since then there have been six cases of sex trafficking and one case of forced labor. Sources for information on the human trafficking cases were police reports, witness statements, court documents and media reports. This presentation will briefly summarize the cases and discuss the similarities and difference among the cases and discuss of some key findings from these cases, which include:
1) Victims …
Outsourcing Corporate Accountability, Kishanthi Parella
Outsourcing Corporate Accountability, Kishanthi Parella
Washington Law Review
This Article addresses the problem of preventing human rights violations abroad that result from the globalization of business. It specifically explores the challenge of improving labor standards in global value chains. The modern business has changed dramatically and has “gone global” in order to court foreign markets and secure resources, including labor. Familiar household names, such as Nike and Apple, have “outsourced” many of their functions to suppliers overseas. As multinational buyers, they dominate one end of the global value chain. At the opposite end of the value chain are the local managers and owners of the factories and workhouses …
The Legal Ethics Of Real Evidence: Of Child Porn On The Choirmaster's Computer And Bloody Knives Under The Stairs, Gregory C. Sisk
The Legal Ethics Of Real Evidence: Of Child Porn On The Choirmaster's Computer And Bloody Knives Under The Stairs, Gregory C. Sisk
Washington Law Review
With little guidance from the Model Rules of Professional Conduct and continuing confusion on professional obligations, questions about engagement with real evidence continue to bedevil criminal defense lawyers, incite prosecutors, generate disputes, and attract judicial attention. Where should we draw that line between what is demanded by the professional duties of zealous advocacy and client confidentiality and what constitutes obstruction of justice? When may a document or object that could conceivably be relevant in some future investigation or proceeding be destroyed, altered, or removed? May a criminal defense lawyer take possession of evidence of a crime for purposes of analysis, …
Keeping Up With Technology: Why A Flexible Juvenile Sexting Statute Is Needed To Prevent Overly Severe Punishment In Washington State, Reid Mcellrath
Keeping Up With Technology: Why A Flexible Juvenile Sexting Statute Is Needed To Prevent Overly Severe Punishment In Washington State, Reid Mcellrath
Washington Law Review
Sexting can be a costly activity, particularly for teenagers. As more teenagers engage in sending sexually explicit images to one another, the likelihood of serious long-term consequences increases. When sexting is used as a means to bully, the potential severity of consequences also increases. In many jurisdictions, prosecutors may charge juveniles caught sexting with possession or distribution of child pornography. At the same time, some states have recognized the severity of such a charge and found other ways of addressing the teen sexting problem. This Comment addresses the current issues surrounding juvenile sexting by examining empirical data, legal responses, and …
Drafting Agreements As An Attorney-Mediator: Revisiting Washington State Bar Association Advisory Opinion 2223, Caitlin Park Shin
Drafting Agreements As An Attorney-Mediator: Revisiting Washington State Bar Association Advisory Opinion 2223, Caitlin Park Shin
Washington Law Review
This Comment argues that Washington State Bar Association Advisory Opinion 2223 (WSBA Advisory Opinion 2223) should be revisited. WSBA Advisory Opinion 2223 reaches the unqualified conclusion that an attorney-mediator violates the Washington Rules of Professional Conduct (RPC) when drafting legal documents such as Property Settlement Agreements, Orders of Child Support, or Parenting Plans for unrepresented parties. WSBA Advisory Opinion 2223 creates confusion because it contains two significant flaws: (1) an omission of relevant comments to the RPC, and (2) an inconsistent reliance on extra-jurisdictional authority. Given WSBA Advisory Opinion 2223’s practical ramifications, the opinion should be reconsidered. Reexamining this opinion …
Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza
Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza
University of Miami Business Law Review
Although the use of arbitration provisions in collective bargaining agreements and executive employment contracts serve a beneficial purpose for workers and employers alike, the growing use of mandatory, pre-dispute arbitration agreements in non-unionized employment settings stands as an obstacle for employees to vindicate their statutorily prescribed civil rights. In particular, by forcing workers to share in the unique costs of arbitration, employees may be deterred from bringing otherwise meritorious claims. Given the federal policy favoring arbitration, and in the absence of legislation banning mandatory employment arbitration agreements, it is essential for arbitration service providers and drafters of arbitration clauses to …
Forcings, Lee Anne Fennell
Offsetting Benefits, Ariel Porat, Eric A. Posner
Nova Law Review-Volume 39-2014-2015, Kyle S. Roberts, William F. Mueller, Elen C. Gantner, Allison L. Cucinotta
Nova Law Review-Volume 39-2014-2015, Kyle S. Roberts, William F. Mueller, Elen C. Gantner, Allison L. Cucinotta
Law Review Mastheads
No abstract provided.
Ilsa Journal Of International And Comparative Law-Volume 20-2014-2015, Ronald Ryan Smith, Casey Noto, Stefanie Salomon, Sandra Bahamonde, Mauricio Vaca, Stephanie Chocron, Andrew Friednash, Shai Ozery, Matt Hinds, Jordan Dulcie, Matthew Gotlieb, Antonio Nieves-Meza, Nadine Foehl, Gabriela Perez-Dumios, Christina Zanakos, James Smith
Ilsa Journal Of International And Comparative Law-Volume 20-2014-2015, Ronald Ryan Smith, Casey Noto, Stefanie Salomon, Sandra Bahamonde, Mauricio Vaca, Stephanie Chocron, Andrew Friednash, Shai Ozery, Matt Hinds, Jordan Dulcie, Matthew Gotlieb, Antonio Nieves-Meza, Nadine Foehl, Gabriela Perez-Dumios, Christina Zanakos, James Smith
ILSA Journal Mastheads
No abstract provided.
Hologram Images And The Entertainment Industry: New Legal Territory?, Stephen Anson
Hologram Images And The Entertainment Industry: New Legal Territory?, Stephen Anson
Washington Journal of Law, Technology & Arts
Modern technology allows for the holographic reproduction of a dead artist’s likeness, with the ability to perform past classic works or new original artistic works. The Coachella Valley Music and Arts Festival performance by the “holographic” Tupac Shakur in April 2012 dazzled an excited crowd and made the idea of bringing back deceased musical celebrities or other public personalities a reality. The use of such holographic performances is in its infancy, but the potential for possible intellectual property infringement is real and concerns the areas of copyright, trademark, and–most importantly–the right of publicity, which protects a celebrity’s name, likeness, voice …
Class Of 2017 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law
Class Of 2017 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 2017
Globalization And The Transformation Of Legal Practice: Implications For Jd Legal Education, Theresa Kaiser
Globalization And The Transformation Of Legal Practice: Implications For Jd Legal Education, Theresa Kaiser
Global Presentations
This presentation to the WCL faculty is focused on changes that have taken and are taking place in the business world and the practice of law. It addresses the profile of the US population and of WCL students.
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander
Faculty Scholarship
No abstract provided.
Wilderness Exceptions, John Copeland Nagle
Wilderness Exceptions, John Copeland Nagle
Journal Articles
This Article considers when activities that are inconsistent with wilderness are nonetheless allowed in it. That result happens in four different ways: (1) Congress decided not to designate an area as “wilderness” even though the area possesses wilderness characteristics; (2) Congress draws the boundaries of a wilderness area to exclude land that possesses wilderness characteristics because Congress wants to allow activities there that would be forbidden by the Act; (3) Congress specifically authorizes otherwise prohibited activities when it establishes a new wilderness area; or (4) Congress acts to approve contested activities in response to a controversy that arises after a …
Title Ix And Social Media: Going Beyond The Law, Emily Suran
Title Ix And Social Media: Going Beyond The Law, Emily Suran
Michigan Journal of Gender & Law
The U.S. Department of Education is currently investigating over eighty colleges and universities for civil rights violations under Title IX. From a punitive standpoint, these investigations likely will have minimal impact. Indeed, since the Alexander v. Yale plaintiffs first conceived of Title IX in a sexual harassment context, the nondiscriminatory principles of Title IX have proven disappointingly difficult to enforce. However, in today’s world of grassroots social activism, Title IX has taken on a new, extralegal import. Title IX has become a rallying cry for college activists and survivors. Despite (or perhaps because of) its limitations as a law, it …
A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore
A Joyful Heart Is Good Medicine: Sexuality Conversion Bans In The Courts, Wyatt Fore
Michigan Journal of Gender & Law
Led by California and New Jersey, states have begun to ban Sexual Orientation Change Efforts (SOCE) for minors. States have targeted SOCE, also called ‘gay conversion therapy,’ by regulating state licensure requirements for mental health professionals. Conservative legal groups have challenged these bans in federal court, alleging a variety of constitutional violations sounding in the First and Fourteenth Amendments. More specifically, these legal groups propose theories claiming that the bans infringe upon individuals’ freedom of speech, free exercise, and parental rights. In this Note, I survey the history of these bans, as well as court decisions that have rejected constitutional …
Work Made For Hire - Analyzing The Multifactor Balancing Test, Ryan Vacca
Work Made For Hire - Analyzing The Multifactor Balancing Test, Ryan Vacca
Faculty Publications
Authorship of copyrighted works is oftentimes controlled by the 1976 Copyright Act's work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer, not the employee, being the author and initial copyright owner. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, set forth a list of factors to distinguish employees from independent contractors. Unfortunately, the Supreme Court did not give further guidance on how to balance these factors. Three …
American Dream In Flux: The Endangered Right To Lease A Home, Andrea Boyack
American Dream In Flux: The Endangered Right To Lease A Home, Andrea Boyack
Faculty Publications
Homeownership in the US is on the decline and the percentage of the population that rents their residence is growing. Renters present a distinct demographic compared to owners, and most of the more vulnerable segments of society rent their homes. But the law prohibits renting a home in some neighborhoods. Occasionally, zoning provisions hamper the ability of would-be tenants and would-be landlords to rent. More typically, however, community restrictive covenants are what block rentals. Zoning prohibitions on rentals have been attacked as violations of property rights. But in condominiums and other privately governed neighborhoods, segregation of renters from owner occupants …
Lost In The Weeds Of Pot Law: The Role Of Ethics In The Movement To Legalize Marijuana, Helia Garrido Hull
Lost In The Weeds Of Pot Law: The Role Of Ethics In The Movement To Legalize Marijuana, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Billionaires, Birds, And Environmental Brawls: Reconceptualizing Energy Easements, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.