Law Commons^™

The Right To Redemption: Juvenile Dispositions And Sentences, Katherine Hunt Federle

Louisiana Law Review

The article examines the laws concerning juvenile dispositions and sentences responsible for accountability, victim restoration, and retribution in the U.S. It reports that the U.S. Supreme Court has issued a number of opinions emphasizing that the U.S. Constitution's Eighth Amendment requires that the punishment of children must account for their lesser moral culpability, developmental immaturity, and potential for rehabilitation.

Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple

Noel Semple

This article compares the law of custody and access disputes with the procedure used to resolve them. The author argues that there is a fundamental contradiction between the two. The former focuses on the interests of the children involved to the exclusion of everything else. The latter, however, is controlled by and designed to protect the rights and interests of the adult parties to the dispute. Despite their doctrinal centrality in custody and access law, children are usually silent and invisible in custody and access procedure. To resolve this contradiction, the author proposes a focus on the costs and benefits …

Newsroom: Horwitz On Marijuana Legalization 7/15/2016, John S. Kiernan, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost

Indiana Law Journal

This Article focuses on intellectual property (IP) issues in the university setting. Often, universities require faculty who have been hired in whole or in part to invent to assign inventions created within the scope of their employment to the university. In addition, the most effective way to secure compliance with the Bayh-Dole Act, which deals with ownership of inventions involving federally funded research, is for the university to take title to such inventions. Failure to specify who has title can result in title passing to the government. Once the university asserts ownership, it then decides whether to process a patent …

Fact Sheet: Water Licences, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

4 pages

Contains references

Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison

Indigenous Water Justice Symposium (June 6)

Presenter: Jason Robison, University of Wyoming

15 slides

Silencing Grand Jury Witnesses, R. Michael Cassidy

Indiana Law Journal

This Article addresses one crucial aspect of the ongoing debate about grand jury transparency. Assuming that well over half the states and the federal government continue to employ the grand jury to investigate felony offenses, and assuming that these proceedings continue to be shielded from public view, should witnesses themselves be allowed to discuss their testimony with the press or with each other? This larger question raises two narrow but very important subsidiary issues. First, does a prosecutor who conditions a written proffer or cooperation agreement with a grand jury witness on the witness’s promise not to inform other targets, …

The Lost Ones Of The Interstate Compact Of The Placement Of Children, C. Nneka Nzekwu

Hofstra Law Review

The article discusses the author's contention that the Interstate Compact for the Placement of Children (ICPC) agreement infringes upon America's best interest of the child legal standard, and it mentions a call for modifications to the ICPC statute and regulations to protect children. According to the article, the ICPC has been adopted in every American state and monitors the out-of-state placements of children in the foster care system. The legal rights of familial relatives are examined.

Equity's Leaded Fleet In A Contest Of Scoundrels: The Assertion Of The In Pari Delicto Defense Against A Lawbreaking Plaintiff And Innocent Successors, Brian A. Blum

Hofstra Law Review

A defendant sued by a plaintiff whose cause of action is based on or arises from the plaintiff’s illegal conduct may assert the affirmative defense that the illegality of the plaintiff’s action bars the suit. The defense is expressed in the maxim, in pari delicto potior est conditio defendentis (where the parties are in equal guilt the position of the defendant is the stronger). The essential purpose of the in pari delicto rule is to prevent a lawbreaking plaintiff from enforcing rights or otherwise obtaining a remedy arising from her violation of the law. The maxim indicates that the defense …

Expunging Statelessness From Terrorist Expatriation Statutes, Annam Farooq

Hofstra Law Review

The article discusses international human rights laws in relation to the author's claim that any legislation that is proposed and enacted to prosecute a global War on Terror should not cause statelessness. Concerns about national security and terrorism in places such as the U.S. and Great Britain are examined, along with the Islamic State of Iraq and Syria (ISIS) terror organization. Stateless persons and terrorist expatriation statutes in the U.S. and Great Britain are assessed.

Prep And Our Youth: Implications In Law And Policy, Jason Potter Burda

Faculty Publications

Truvada®, an antiretroviral medication originally approved to treat HIV, is the first drug to receive FDA approval for use by HIV-negative individuals to actually prevent infection. The prophylactic use of an antiretroviral such as Truvada is a pharmacological prevention method called “HIV pre-exposure prophylaxis” (or “PrEP”). With an efficacy of over ninety percent when used as prescribed, Truvada as PrEP has been embraced by the public health community, and implementation is under way across the United States. Truvada as PrEP is currently indicated for adult use only, but it may also be prescribed off-label to at-risk youth. In this Article, …

Guilty Until Proven Innocent: A Comparative Analysis Of Organized Crime Laws In The United States, Italy, Japan, And Ecudor, Christina M. Strompf

ILSA Journal of International & Comparative Law

“[T]he ‘relative power’ of criminal networks will continue to rise, and some countries could even be taken over and run by these networks.”1 The Federal Bureau of Investigation (FBI) defines “organized crime” as “any group having some manner of formalized structure and whose primary objective is to obtain money through illegal activities.

Tribes And Water In The Colorado River Basin, Colorado River Research Group

Books, Reports, and Studies

4 pages : charts.

The special nature of tribal water rights -- Quantified water rights -- The Colordo mainstream reservations -- Central Arizona tribes -- Upper basin tribes -- Outstanding / unresolved tribal claims -- The path forward.

Indigenous Law And Aboriginal Title, Kent Mcneil

All Papers

This paper discusses the relevance of Indigenous law to Aboriginal title in Canada, as revealed in three leading Supreme Court decisions: Delgamuukw v. British Columbia (1997), R. v. Marshall; R. v. Bernard (2005), and Tsilhqot’in Nation v. British Columbia (2014). It concludes that Indigenous law relates to Aboriginal title in two ways: it is part of the evidence that can be relied upon to establish the exclusive occupation necessary for title at the time of Crown assertion of sovereignty, and it continues thereafter to govern the communal land rights of the Aboriginal titleholders. Moreover, the content of Indigenous law is …

The Role Of Religion In State Public Accommodations Laws, Elizabeth Sepper

Saint Louis University Law Journal

In this Article, I provide a comprehensive account of the role of religion in public accommodations laws. I analyze public accommodations statutes across the fifty states, identify their boundaries, and categorize their religious exemptions. In so doing, I interrogate and debunk misconceptions widely held even by legal scholars that: the Civil Rights Act is a representative public accommodations law; antidiscrimination obligations of retail establishments and social service providers are unusual or new; exemptions for religious entities or small businesses are common; and public accommodations laws have as their central aim remedying market exclusion.

Part I sets out the basic framework …

Buskers Enrich Our Streets And Laws Dont Have To Hinder They Can Help, Luke Mcnamara, Julia Quilter

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

Street performers have been part of cityscapes for centuries, yet buskers have often had an ambiguous relationship with the law. At various times they have been policed as “beggars in disguise,” or treated as an urban nuisance.

Review Of The Effectiveness Of The 1.30am Lock Outs, 3am Cessation Of Liquor Sales, 10pm Take-Away Liquor Laws And The Annual Liquor Licence Fee Program, Julia Quilter, Luke J. Mcnamara

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

No abstract provided.

New Laws For The High Seas: Four Key Issues The Un Talks Need To Tackle, Harriet Harden-Davies, Genevieve Quirk, Robin M. Warner

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

United Nations negotiations begin today in New York on the elements of an international agreement to govern the conservation and sustainable use of the high seas.

Competing For Refugees: A Market-Based Solution To A Humanitarian Crisis, Joseph Blocher, Mitu Gulati

Faculty Scholarship

The current refugee crisis demands novel legal solutions, and new ways of summoning the political will to implement them. As a matter of national incentives, the goal must be to design mechanisms that discourage countries of origin from creating refugees, and encourage host countries to welcome them. One way to achieve this would be to recognize that persecuted refugee groups have a financial claim against their countries of origin, and that this claim can be traded to host nations in exchange for acceptance. Modifications to the international apparatus would be necessary, but the basic legal elements of this proposal already …