Law Commons^™

Strengthening Constitutional Democracy: Progress And Challenges Of The South African Human Rights Commission And Public Protector, Tseliso Thipanyane

NYLS Law Review

No abstract provided.

Accountability And The Role Of Independent Constitutional Institutions In South Africa’S Post-Apartheid Constitutions, Heinz Klug

NYLS Law Review

No abstract provided.

Corruption Cases And Separation Of Powers In The South African Courts And U.S. Supreme Court, Mark Kende

NYLS Law Review

No abstract provided.

Access To Justice?: Dispute Management Processes In Msinga, Kwazulu-Natal, South Africa, Sindiso Mnisi Weeks

NYLS Law Review

No abstract provided.

Green V. Donahoe, Gerard Quinn

NYLS Law Review

No abstract provided.

Louisiana Municipal Police Employees’ Retirement System V. Wynn, Benjamin Eisenstein

NYLS Law Review

No abstract provided.

Understanding South Africa’S Aspirational Constitution As Scaffolding, Stu Woolman

NYLS Law Review

No abstract provided.

The Constitutionalization Of Children’S Rights In South Africa, Warren Binford

NYLS Law Review

No abstract provided.

Judicial Review Of Parliamentary Rulemaking: A Provisional Case For Restraint, Firoz Cachalia

NYLS Law Review

No abstract provided.

Clinical Legal Education’S Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

NYLS Law Review

No abstract provided.

Legal Education In South Africa: Harmonizing The Aspirations Of Transformative Constitutionalism With Our Educational Legacy, Lesley Greenbaum

NYLS Law Review

No abstract provided.

How Should The South African Constitutional Court Approach Tensions Between Women’S Rights And Religious Rights?, Julia L. Ernst

NYLS Law Review

No abstract provided.

“The Advert Was Put Up Yesterday”: Public Participation In The Traditional Courts Bill Legislative Process, Thuto Thipe, Monica De Souza, Nolundi Luwaya

NYLS Law Review

No abstract provided.

Sieger Suarez Architectural Partnership, Inc. V. Arquitectonica International Corp., Elizabeth Stevens

NYLS Law Review

No abstract provided.

Myths Meet Reality: How We Are Not Fighting Trafficking Or Supporting Trafficking Survivors, Denise Brennan

NYLS Law Review

No abstract provided.

Innovations In The Fight Against Human Trafficking: Advocates’ Perspectives And Proposals, Florrie Burke

NYLS Law Review

No abstract provided.

Innovation At The Front Lines, Pamela K. Chen

NYLS Law Review

No abstract provided.

An Organizing Approach To Human Trafficking In Domestic Work, Tiffany Williams, Leah Obias

NYLS Law Review

No abstract provided.

Fulk V. Norfolk Southern Railway Company, Jonathon Sizemore

NYLS Law Review

No abstract provided.

Palmer V. District Of Columbia, Brian Noel

NYLS Law Review

No abstract provided.

Navistar, Inc. V. Forester, Adrienne Baffa

NYLS Law Review

No abstract provided.

Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …

New Kids On The Blockchain: How Bitcoin’S Technology Could Reinvent The Stock Market, Larissa Lee

UC Law Business Journal

Bitcoin is the first and most successful digital currency in the world. It polarizes the news almost daily, with either glowing reviews of the many benefits of an alternative and international currency, or doomsday predictions of anarchy, deflation, and another tulip bubble.

This article focuses on the truly innovative aspect of Bitcoin - and that which has gone mostly unnoticed since its inception - the technological platform used to transfer Bitcoin from one party to another. This technology is called the Blockchain. The Blockchain eschews a bank or other intermediary and allows parties to transfer funds directly to one another, …

Fully And Barely Clothed: Case Studies In Gender And Religious Employment Discrimination In The Wake Of Citizens United And Hobby Lobby, Suneal Bedi

UC Law Business Journal

In 2010, the Supreme Court handed down its decision in Citizens United v. Federal Election Commission. The Court held that for-profit corporations could receive First Amendment protection for political speech. Then, in 2014, the Court held in Burwell v. Hobby Lobby that closely held for-profit corporations could be considered persons under the Religious Freedom Restoration Act. These cases have spurred much scholarship focusing on the treatment of corporations as people and citizens. While supporters argue that these cases are consistent with corporate and First Amendment law, critics argue that the implications of these decisions could be perverse.

This article contributes …

The Elephant In The Room: An Empirical Study Of Piercing The Corporate Veil In The Jurisdictional Context, King Fung Tsang

UC Law Business Journal

No abstract provided.

Credit Bidding: Expanding The “For Cause” Exception Under Section 363(K) Of The Bankruptcy Code, Austin Harms

UC Law Business Journal

As auctions have become more prominent in Chapter 11 proceedings, credit bidding has bolstered the multi-decade trend of secured creditor dominance, which the Supreme Court sustained in 2012. Since this 2012 decision, bankruptcy courts have attempted to level the playing field by progressively expanding the interpretation of Section 363(k) of the Bankruptcy Code, which permits courts to limit secured creditors' ability to credit bid "for cause." The conflict between the Supreme Court's 2012 decision and the bankruptcy courts' recent interpretation of Section 363(k) created an uncertainty that currently plagues the market for secured claims of distressed companies. This Note reviews …

The Restatement (Fourth) Of Foreign Relations Law: Discouraging State Courts From Recognizing Foreign- Country Money Judgments In Absence Of Debtor’S Assets, Debashish Bakshi

UC Law Business Journal

No abstract provided.

Minimizing Probate-Error Risk, Mark Glover

University of Michigan Journal of Law Reform

Probate-error risk is the possibility that a court will incorrectly assess the authenticity of a will. By prescribing the method courts use to evaluate the authenticity of wills, the law of will-execution allocates probate-error risk between false-positive outcomes and false-negative outcomes. When a court validates an inauthentic will, it creates a false-positive outcome. When a court invalidates an authentic will, it creates a false-negative outcome. Because false-positive outcomes result in the admission to probate of inauthentic wills and false-negative outcomes result in the denial of probate of genuine wills, both can be characterized as probate errors. This framework has been …

Debunking The Myth Of Universal Male Privilege, Jamie R. Abrams

University of Michigan Journal of Law Reform

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …

Think Of The Children: Using Iied To Reformulate Disturbing Speech Restrictions, Richard Lorren Jolly

University of Michigan Journal of Law Reform

The Colorado State Court of Appeals recently upheld an injunction restricting public displays of aborted fetuses. The court held that the restriction passed strict scrutiny because the state had a compelling interest in protecting children from the psychological harm of “disturbing images” and the injunction was narrowly tailored. This marked the first time an injunction had been upheld on this rationale. This Note critiques that holding and others. It contends that while some federal and state courts have recognized the interest in protecting the psychological wellbeing of children from disturbing speech as compelling, the interest is not supported by precedent. …