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2015

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Institution
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Articles 12001 - 12030 of 14366

Full-Text Articles in Law

Free Trade Agreements And The Lacey Act: A Carrot And Stick Approach To Prevent And Deter Trade In Iuu Fisheries, Ginna Arevalo Jan 2015

Free Trade Agreements And The Lacey Act: A Carrot And Stick Approach To Prevent And Deter Trade In Iuu Fisheries, Ginna Arevalo

Florida A & M University Law Review

The U.S. is the world’s largest importer of seafood, importing virtually every fish sold in the U.S. market. Trade statistics do not break down the percentage of imported wild harvested fish, but a recent study estimated that twenty to thirty-two percent are caught illegally. Trade in illegal, unreported, and unregulated (IUU) fisheries undermines efforts to conserve fish stocks, generates global annual losses of up to twenty-three billion dollars, and weakens economic opportunity for U.S. fishermen. Part I of this paper explains the role of different actors in the trade of duty-free IUU fish and how IUU catches may enter the …

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Selling Florida's Water Up The River, Kara Consalo Jan 2015

Selling Florida's Water Up The River, Kara Consalo

Journal Publications

While Florida has the second highest rainfall in the United States, from the northern Okefenokee Swamp to the southern Florida Everglades, these bountiful ecosystems are still dependent to a great degree on the level and flow of underground water
supplies. Yet these life sustaining water bodies are under threat
by the very government agency tasked to protect them. By selling
millions upon millions of gallons of water from the Floridan aquifer
to out-of-state bottling interests, Florida's water management
districts are causing an unnecessary, yet life threatening, depletion
of the aquifer waters. Over the last forty years of regulation by the …

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"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt Jan 2015

"Fuck Your Breath": Black Men And Youth, State Violence, And Human Rights In The 21st Century, Jeremy I. Levitt

Journal Publications

This polemical essay was written at the behest of Black men and youth, and it is dedicated to African American women who relentlessly fight to safeguard the rights and well-being of Black men, even when in the process their maltreatment and welfare are grossly overlooked and forgotten. Bree Newsome's courageous and necessary removal of the confederate flag in the South Carolina State House is a prime example of such fearless activism. Joanne Deborah Chesimard aka Assata Shakur's-a former leader of the revolutionary organization known as the Black Liberation Armyascendency to the FBI's Most Wanted Terrorist list is another tragically intoxicating …

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The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith Jan 2015

The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith

Journal Publications

Discrimination in its various forms has contributed to the exclusion of blacks and other people of color from the field of medicine both as health care providers and as patients in the United States. Dr. Robinson's story is but one example. Racism has significantly harmed the health care of black people in the U.S. Generally speaking, those with the poorest health and the greatest need have had the poorest access to medical care, as well as lower quality health care than their white counterparts. To understand this, we must consider the historical context of blacks in America and in America's …

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Lawyer Ethics And The Financial Action Task Force: A Call To Action, Jack P. Sahl Jan 2015

Lawyer Ethics And The Financial Action Task Force: A Call To Action, Jack P. Sahl

NYLS Law Review

No abstract provided.

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Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions, Zachary E. Davison Jan 2015

Minding The Gap: A Call For Standardizing Pre-Dispute Arbitration Clauses In Otc Derivative Transactions, Zachary E. Davison

NYLS Law Review

No abstract provided.

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Capturing The Transplant: U.S. Antitrust Law In The European Union, Silvia Beltrametti Jan 2015

Capturing The Transplant: U.S. Antitrust Law In The European Union, Silvia Beltrametti

Vanderbilt Journal of Transnational Law

The scholarly literature on the movement of legal norms focuses almost exclusively on transfers from one jurisdiction to another. It largely ignores transfers into new regulatory regimes. Drawing on a case study of the transplantation of U.S. antitrust law into the nascent entity that was to become the European Community, and analyzing its evolution from a public choice perspective, this Article suggests that transfers into new regulatory regimes are more likely to be effective when the lack of established institutions creates opportunities for stakeholders. The endorsement of a new law will enable stakeholders to influence its application and to capture …

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Building The Case Against Human Trafficking: Developing And Evaluating A Training Module For Law Enforcement Officials, Katie Sanders Jan 2015

Building The Case Against Human Trafficking: Developing And Evaluating A Training Module For Law Enforcement Officials, Katie Sanders

MPA/MPP/MPFM Capstone Projects

Since the passage of federal legislation to address human trafficking in the United States, efforts to measure and combat the crime have continued to grow (Victims of Trafficking and Violence Prevention Act of 2000). Measuring human trafficking has continued to be a difficult task for researchers, law enforcement, and victim services providers. The combined efforts of these groups has lead to the recognition that without more widespread identification of victims and perpetrators of human trafficking—a crime referred to as modern-day slavery—estimates will continue to be inaccurate. In order to improve the identification process, this specific proposal focuses on law enforcement …

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Analyzing Charges And Payments Received For Discharged Patients At Teaching Hospitals In Relation To Patient Satisfaction And Overall Medicare Charges, Rob Sutter Jan 2015

Analyzing Charges And Payments Received For Discharged Patients At Teaching Hospitals In Relation To Patient Satisfaction And Overall Medicare Charges, Rob Sutter

MPA/MPP/MPFM Capstone Projects

The affordability of healthcare is a major, recurring topic in the media. One of President Obama’s cornerstone policies has been the attempt to make health care affordable. Part of the concern lies in cost differences for similar procedures. The cost for a standardized procedure such as abnormal cardiac dysrhythmia without complication varies greatly between hospitals. The cost difference of a patient getting treated for such an event can be an average of $30,000 depending on which hospital you go to. There is no immediately apparent reason for such a large difference. Another noticeable item is that all the hospitals receive …

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Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya Jan 2015

Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya

Publications

No abstract provided.

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Foreword: Theorizing Contemporary Legal Thought, Justin Deystone, Duncan Kennedy Jan 2015

Foreword: Theorizing Contemporary Legal Thought, Justin Deystone, Duncan Kennedy

Publications

This is a co-authored foreword to a symposium in Law & Contemporary Problems titled "Theorizing Contemporary Legal Thought." It includes a discussion of the background of the project, a brief summary of the articles included in the issue, and a very short statement from Desautels-Stein and Kennedy on the "loss of faith" indicative of Contemporary Legal Thought.

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Anti-Rape Culture, Aya Gruber Jan 2015

Anti-Rape Culture, Aya Gruber

Publications

No abstract provided.

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From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart Jan 2015

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

Publications

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in …

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Mapping The Matrix: Defining The Balance Between Executive Action And Legislative Regulation In The Battlefield Of Cyberspace., Tyler K. Lowe Jan 2015

Mapping The Matrix: Defining The Balance Between Executive Action And Legislative Regulation In The Battlefield Of Cyberspace., Tyler K. Lowe

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

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What Happened To The American Dream - An Analysis Of The Dodd-Frank Wall Street Reform And Consumer Protection Act And Its Effect On Home Ownership., Nathan Torok, Mark Torok Jan 2015

What Happened To The American Dream - An Analysis Of The Dodd-Frank Wall Street Reform And Consumer Protection Act And Its Effect On Home Ownership., Nathan Torok, Mark Torok

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

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Governmental Power Versus Individual Liberty., Vincent R. Johnson Jan 2015

Governmental Power Versus Individual Liberty., Vincent R. Johnson

The Scholar: St. Mary's Law Review on Race and Social Justice

Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty. The public careers of Tom and Ramsey Clark were largely sequential, but …

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The History Of The Rise Of The Alien Tort Statute And The Future Implications Of Kiobel V. Royal Dutch Shell., Sung Je Lee Jan 2015

The History Of The Rise Of The Alien Tort Statute And The Future Implications Of Kiobel V. Royal Dutch Shell., Sung Je Lee

The Scholar: St. Mary's Law Review on Race and Social Justice

The United States Supreme Court did not clearly define what facts invoke the Alien Tort Statute (ATS). The Court also failed to provide guidance as to what claims touch and concern the territory of the United States. Enacted by the Continental Congress in the late 18th century, ATS states that federal district courts shall have original jurisdiction of any civil action by an alien for a tort committed in violation of the law of nations or a treaty of the United States. Because ATS has remained dormant for nearly 200 years, various federal courts have experienced immense difficulty interpreting its …

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The Crossover Court: An Integration Of Child Welfare And Juvenile Justice, And The Next Step In The Reformation Of The Juvenile System In Texas., Samantha Coleman Jan 2015

The Crossover Court: An Integration Of Child Welfare And Juvenile Justice, And The Next Step In The Reformation Of The Juvenile System In Texas., Samantha Coleman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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Community Rights: Fighting The Walmart Invasion Of Small Town American With Legal Intelligence., Andre M. Larkins Jan 2015

Community Rights: Fighting The Walmart Invasion Of Small Town American With Legal Intelligence., Andre M. Larkins

The Scholar: St. Mary's Law Review on Race and Social Justice

Small communities, like Cibolo, Texas, can counter Walmart’s retail offensive by turning to the law. After achieving global retail superiority, Walmart now looks to dominate the retail market of small towns across America. An average of 1.5 new Walmart stores open every day. Annually, the retail giant earns gross revenue totaling $483 billion, rivaling the gross domestic product of many countries. Communities can defend against Walmart’s invasion of neighborhoods and their abundant resources by careful application of legal intelligence. Legal intelligence is the collection, processing, integration, analysis, and interpretation of relevant legal practice or history to produce usable information aimed …

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Si Se Puede: An Overview Of State Initiatives Addressing The Urgent Need For Driver Licenses For Undocumented Immigrants And Why The Time For Change In Texas Is Now., Maria D. Castillo Jan 2015

Si Se Puede: An Overview Of State Initiatives Addressing The Urgent Need For Driver Licenses For Undocumented Immigrants And Why The Time For Change In Texas Is Now., Maria D. Castillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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The New World Of Prosecutorial Discretion In Immigration Enforcement: Lessons From Criminal Justice., Aaron Haas Jan 2015

The New World Of Prosecutorial Discretion In Immigration Enforcement: Lessons From Criminal Justice., Aaron Haas

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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Same-Sex Bi-National Couples: The Benefits And Pitfalls Of Judicial Evolution And The Validity Of Marriage., Joncarlo Serna Jan 2015

Same-Sex Bi-National Couples: The Benefits And Pitfalls Of Judicial Evolution And The Validity Of Marriage., Joncarlo Serna

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

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Decreasing Disproportionality Through Kinship Care., Aimee Corbin Jan 2015

Decreasing Disproportionality Through Kinship Care., Aimee Corbin

The Scholar: St. Mary's Law Review on Race and Social Justice

Expanding financial assistance to kinship placements can reduce disproportionality between racial minorities in Child Protective Services (CPS) custody. Statistics show that nationally, CPS removes a disproportionate number of minority children compared to non-minorities. CPS typically places a child in substitute care when that child is removed from their home, including kinship placement. Kinship placement is defined as the process by which children are placed in the care of relatives or close family friends. The government provides a significantly larger budget for foster care than for kinship placement. Kinship advocates, however, argue that foster placement—the placement in the care of a …

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Ending Drunk Driving With A Flash Of Light, Andrew Sullivan Jan 2015

Ending Drunk Driving With A Flash Of Light, Andrew Sullivan

Law Student Publications

Among the methods used to combat drunk driving is mandating a person convicted of driving under the influence/driving while intoxicated install an ignition interlock device (“IID”) in his/her vehicle as a condition of restoring his/her driving privileges.This comment argues that the National Highway Traffic Safety Administration (“NHTSA”) has the authority to issue such a regulation; it need only be presented with a workable opportunity to do so. The present state of IID technology is a poor candidate to make this hypothetical regulation workable, but advances in Near Infrared (“near-IR”) Spectroscopy will provide the technology necessary to make a discussion of …

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Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau Jan 2015

Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau

Law Student Publications

This article will provide a workable initial implementation policy that would maximize the benefits of increased police use of body cameras, while minimizing the negative impacts. Part I defines police body cameras and explores their current use in and impact on today's law enforcement world. Parts II and III encompass some of the perceived benefits and anticipated challenges of increased body camera use. Part IV considers and recommends exactly where the responsibility of camera implementation should lie.

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The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery Jan 2015

The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery

St. Mary's Law Journal

Twenty-five years ago, Texas prosecutors significantly limited the pre-trial discovery it disclosed to criminal defendants. As a result of this policy, innocent individuals accused of murder, like Michael Morton, were denied their right to due process. Michael Morton was incarcerated for twenty-five years following a wrongful murder conviction. He was denied access to crucial evidence, which included a bandana with the victim’s blood and the killer’s hair, and eyewitness accounts describing the killer at or near the time of the murder. The prosecutor purposely withheld this evidence from Michael Morton; but thanks to the efforts of the Innocence Project, he …

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Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews Jan 2015

Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews

St. Mary's Law Journal

In the United States, the use of personal drones has become more prevalent. Businesses now use drones to deliver products to consumers. Consumers now use drones to video and photograph special events. As a result, new laws are needed concerning personal usage of drones. The number of drone sales is predicted to double by 2024. This is reflected by companies such as Parrot, a vendor of private drones, who in the first quarter of 2014 sold 670,000 drones. Citizens whose personal liberties have been infringed upon by another individual’s use of personal drones, often resort to common law torts because …

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Hamrick V. Ward: Clarifying Implied Easement Law., Courtney R. Potter Jan 2015

Hamrick V. Ward: Clarifying Implied Easement Law., Courtney R. Potter

St. Mary's Law Journal

Abstract Forthcoming.

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Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach Jan 2015

Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach

St. Mary's Law Journal

Abstract Forthcoming.

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Halliburton And The Dog That Didn't Bark, Ann Lipton Jan 2015

Halliburton And The Dog That Didn't Bark, Ann Lipton

Publications

In Halliburton Co. v. Erica P. John Fund, Inc., the Supreme Court held that defendants in a Section 10(b) class action may use the class-certification process to rebut the "fraud on the market" presumption that their misstatements impacted the price of the relevant security. In so doing, the Court struggled to explain why the class-certification process—rather than trial on the merits—was the proper venue for such disputes, and avoided the most obvious justification, namely, that in the absence of price impact, plaintiffs would still be able to bring individual claims. The Court's unwillingness to hold that plaintiffs may bring …

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