Law Commons^™

Marriage Pluralism: Taxing Marriage After Windsor, David J. Herzig

Law Faculty Publications

No abstract provided.

The Forum Selection Defense, Stephen E. Sachs

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Beyond The Schoolhouse Gates: The Unprecedented Expansion Of School Surveillance Authority Under Cyberbulling Laws, Emily Suski

Faculty Publications

For several years, states have grappled with the problem of cyberbullying and its sometimes devastating effects. Because cyberbullying often occurs between students, most states have understandably looked to schools to help address the problem. To that end, schools in forty-six states have the authority to intervene when students engage in cyberbullying. This solution seems all to the good unless a close examination of the cyberbullying laws and their implications is made. This Article explores some of the problematic implications of the cyberbullying laws. More specifically, it focuses on how the cyberbullying laws allow schools unprecedented surveillance authority over students. This …

Table Of Contents

The Journal of Law and Education

No abstract provided.

An Analysis Of The Policy, Research, And Legal Issues Surrounding The Exclusion Of Charter Schools From The Teacher Evaluation Revolution, Preston C. Green Ii, Morgaen L. Donaldson, Joseph O. Oluwole

The Journal of Law and Education

No abstract provided.

Commentary - Elementary And Secondary Education

The Journal of Law and Education

No abstract provided.

A Student's Right To Remain Silent, James Carey

The Journal of Law and Education

No abstract provided.

Incapacitating The State, Daryl J. Levinson

William & Mary Law Review

No abstract provided.

Seek Justice, Not Just Deportation: How To Improve Prosecutorial Discretion In Immigration Law, Erin B. Corcoran

Loyola of Los Angeles Law Review

Bipartisan politics has prevented meaningful reform to a system in dire need of solutions: immigration. Meanwhile, there are eleven million noncitizens with no valid immigration status that currently reside in the United States, and the Department of Homeland Security (DHS) does not have the necessary resources to effect their removal. DHS does have the authority through prosecutorial discretion to prioritize these cases and provide relief to individuals with compelling circumstances that warrant humanitarian consideration; nonetheless, DHS’s exercise of prosecutorial discretion is underutilized, inconsistently applied, and lacks transparency. This Article suggests a remedy—that the immigration prosecutor’s role should be redefined to …

A Blunder Of Supreme Propositions: General Jurisdiction After Daimler Ag V. Bauman, Kaitlin Hanigan

Loyola of Los Angeles Law Review

No abstract provided.

2014 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Clinics News, page 14

Faculty Briefs, page 15

A Conversation with the New Vice Dean, page 20

Game On, page 22

Life in the Box, page 38

Richard Weisberg, page 44

Conviction, page 50

Global Lawyering, page 56

Student Briefs, page 60

Alumni News & Class Notes, page 64

Advancement News, page 74

In Memoriam, page 79

End Note, page 80

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Contents, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Evidence Of Lies And Rules Of Evidence: The Admissibility Of Fmri-Based Expert Opinion Of Witness Truthfulness, William A. Woodruff

North Carolina Journal of Law & Technology

No abstract provided.

New Hactivists And The Old Concept Of Levee En Masse, Christopher Waters

Dalhousie Law Journal

The purpose of this article is to contribute to the continuing debate over the relevance of International Humanitarian Law (IHL) to cyberwar It does so by taking what is often said to be a particularly archaic aspect of IHL, the French Revolutionary notion of levee en masse, and asking whether the concept could have relevance in the cyber context. The article treats levee en masse as a litmus test for the law's relevance; if this IHL "relic" could have relevance in the cyber context, then the continued relevance of the larger body of rules should also be less doubtful.

Masthead - Cardozo Journal Of International And Comparative Law, Vol. 23 (2014-15)

Cardozo Journal of International and Comparative Law

No abstract provided.

Table Of Contents - Cardozo Journal Of International And Comparative Law, Vol. 23, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

The International Legal Status Of International Non-Governmental Organizations: The Century-Long Normative Debate And Its Future Prospects, Rephael Ben-Ari

Cardozo Journal of International and Comparative Law

The legal status of international non-governmental organizations (INGOs) remains unresolved despite their growing influence in global politics. Over the past century, various proposals and frameworks have attempted to define INGOs' legal personality and legitimacy, but these efforts have been criticized for being either overly simplistic or politically unattainable. The article argues that while INGOs wield significant power and legitimacy through lobbying, public mobilization, and operational activities, their lack of formal international legal personality leaves their position ambiguous. The analysis highlights the need for a systematic evaluation of past efforts to inform future attempts at establishing a coherent legal framework for …

Gene Patents In The Wake Of Association For Molecular Pathology V. Myriad Genetics, Inc.: An International Perspective On Pharmacogenomics, Stephanie S. Lim

Cardozo Journal of International and Comparative Law

Now that the Supreme Court of the United States has held that isolated DNA fragments are not patentable subject matter under 35 U.S.C. §101 in Association for Molecular Pathology v. Myriad Genetics, Inc., thousands of existing isolated gene patents can be invalidated. In the European Union, by contrast, patent protection for human genetic sequences has always been strong and the BRCA gene patents at issue in Myriad are still valid in the European Union. It remains to be seen how the differential gene patent protection regimes in these developed nations will affect the biotechnology industry.

This Note poses that question …

The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day

Cardozo Journal of International and Comparative Law

The note examines the contrasting regulatory landscapes of the U.S. and Australian art markets, highlighting how excessive regulation can inadvertently harm market value and artist livelihoods. It argues that while the U.S. art market operates with minimal federal oversight, Australia’s heavily regulated indigenous art market has suffered unintended consequences, such as weakened sales and increased market supply. The analysis serves as a cautionary tale for the U.S. as it considers stronger regulation of its own art market.

What America Can Learn From Canada's Progressive Decision In Commercial General Liability Policy Coverage Litigation Over Construction Defects, Qifu Li

Cardozo Journal of International and Comparative Law

The note advocates for a more consistent approach in the United States for determining Commercial General Liability (CGL) insurance coverage of construction defects, drawing inspiration from Canada's jurisprudence. It critiques the current jurisdictional split in the U.S., where some states cover such defects while others do not, and argues that adopting a uniform approach similar to Canada's three-step framework would reduce legal disputes and align policies with the reasonable expectations of insured parties.

Brew Free Or Die? A Comparative Analysis Of U.S. And E.U. Craft Beer Regulations, Tammy Lam

Cardozo Journal of International and Comparative Law

The note examines the challenges faced by craft beer brewers and small alcohol producers in the United States and the European Union under current regulatory frameworks, particularly the U.S. three-tier system. It critiques the system for constraining small producer growth while favoring large brewers and suggests that adopting elements of the E.U.'s regulatory approach, which prioritizes public health and advertising regulation, could foster growth and promote safe alcohol consumption. The analysis also highlights the need for cultural shifts in U.S. perceptions of alcohol to support smaller producers

Introduction: Environmental Law Without Congress, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Full Court Press: Northwestern University, A New Challenge To The Ncaa, William B. Gould Iv, Glenn M. Wong, Eric Weitz

Loyola of Los Angeles Entertainment Law Review

In recent years, a host of issues have arisen between the National Collegiate Athletic Association (NCAA) and the college athletes who provide the labor from which the NCAA and its member universities derive their profits. Many of these issues have been heavily publicized and have spurred a heated debate over the status of college athletes and the future of the collegiate athletic system. This Article primarily focuses on the issue of college athletes’ status as employees for purposes of federal labor law. The significant increase in the popularity of college sports in recent years has led to conference realignment, facility …

Get A Warrant: The Supreme Court's New Course For Digital Privacy Rights After Riley V. California, Alan Butler

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Leaving Disestablishment To The Political Process, Christopher C. Lund

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The International Monetary Fund's Imperiled Priority, Melissa Boudreau, Mitu Gulati

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

F14rs Sgb No. 2 (Amend Sg Bylaws), Adam Grashoff

Student Senate Enrolled Legislation

No abstract provided.

F14rs Sgb No. 1 (Amend Rules), Tyler Loga

Student Senate Enrolled Legislation

No abstract provided.