Law Commons^™

Parental Kidnapping: An Epidemic That Is Escalating, Michael Samson

Cardozo Journal of Equal Rights & Social Justice

The note examines the complex legal and emotional challenges surrounding international parental child abduction, emphasizing the limitations of existing legal frameworks like The Hague Convention and the need for a more comprehensive approach to address this growing issue. It highlights the psychological and jurisdictional complexities involved, particularly when countries like China and Russia are not signatories to the Convention. The analysis advocates for stronger enforcement mechanisms, international cooperation, and preventive measures to protect children and families affected by such abductions.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 23, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Housing Intersex Juvenile Offenders, Janae Hunte

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and societal challenges faced by intersex individuals, particularly in the U.S. prison system, arguing that current laws and policies fail to adequately protect their rights. It highlights the need for standardized guidelines and protections, advocating for federal standards that respect intersex individuals' autonomy and safety in prison housing. The analysis focuses on the intersection of medical normalization practices, constitutional rights, and legislative shortcomings, emphasizing the importance of addressing these issues through legal reform and policy changes.

Everything Old Is New Again: Will Narrow Networks Succeed Where Hmos Failed?, Deborah R. Farringer

Law Faculty Scholarship

As health insurers try to navigate the new limitations set forth under the ACA, including prohibitions on denying individuals with pre-existing conditions and limitations on the rating of patients, insurers are looking towards models that will enable them to control costs without access to their usual tools. What they have developed is not so much a new insurance model, but actually a concept that first arose during the rise of managed care; that is, limited provider networks utilized within health maintenance organizations (“HMOs”). These “new” insurance products, often referred to as narrow networks or high-performance networks, offer beneficiaries a more …

The Meaning Of The Constitution And The Selection Of Judges, Harold See

Law Faculty Scholarship

In the ongoing debate over the best method for choosing judges, the focus has been on the perceived drawbacks of judicial election without commensurate consideration of either the advantages of popular elections or the disadvantages of the commission system-usually styled the "Missouri plan" or "merit selection." One such consideration is the means of defining the judicial power.

Racial Profiling: A Persistent Civil Rights Challenge Even In The Twenty-First Century, Ronnie A. Dunn

Case Western Reserve Law Review

This article examines the existence of racial profiling in traffic ticketing data.

The Return Of Coverture, Allison Anna Tait

Law Faculty Publications

Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and unnatural. Today, the marriage narrative has been reversed and the prevailing attitude is that marriage has become an increasingly equitable institution. This is the story that Justice Kennedy told in Obergefell v. Hodges, in which he described marriage as an evolving institution that has adapted in response to social change such that discriminatory marriage rules no longer apply. Coverture exemplifies this change: marriage used to be deeply shaped by coverture rules and now it is not. While celebrating the demise of coverture, however, the …

Inequity In Private Child Custody Litigation, Dale Margolin Cecka

Law Faculty Publications

This article explores the history and implications of a two-tiered system for adjudicating matrimonial-as opposed to nonmatrimonial- custody matters. As the author uncovered by calling every clerk's office in every major city in the country, matrimonial matters are under a different jurisdiction or part of court in nine states.' This differential treatment has implications for the outcome of private custody cases. It also reflects a bias in the administration of justice, based on race and socioeconomic class. Perhaps most importantly, it causes the government and other outside parties (such as court appointed guardians ad litem) to be more involved …

Transforming The “Thurmond Rule” In 2016, Carl W. Tobias

Law Faculty Publications

This piece first analyzes the Rule’s history. Part II explains the convention and its deleterious consequences. Finding that each party reinterprets the notion to stymie appointments—which perverts the selection process, deprives courts of judicial resources for delivering justice, and intensifies the “confirmation wars”—the final Part proffers solutions. Because the Rule has multiple detrimental effects, it warrants abolition.

The Role Of Procedural Justice Within Police-Citizen Contacts In Explaining Citizen Behaviors And Other Outcomes, Shana M. Mell

Theses and Dissertations

American policing is shaped by an array of challenges. Police are expected to address crime and engage the community, yet police are held to higher expectations of accountability, effectiveness, and efficiency than ever before. Police legitimacy is the ability of the police to exercise their authority in the course of maintaining order, resolving conflicts, and solving problems (PERF, 2014). The procedural justice and police legitimacy literature suggest that by exhibiting procedurally just behaviors within police-citizen encounters, officers are considered legitimate by the public (PERF, 2014; Tyler, 2004, Tyler & Jackson, 2012).

This study examines procedural justice through systematic observations of …

Systemic Risk Regulation In Comparative Perspective, Cristie Ford

All Faculty Publications

This report succinctly compares, with tables and diagrams, the systemic risk regulatory regimes that have been put in place since 2008 in the US, the UK, the EU and Canada. It describes systemic risk as a problem of a different order from the kinds of investor protection and efficient market concerns that animate day-to-day securities and capital markets regulation. Because contemporary markets operate as systems, characterized by interconnectedness, unpredictability, and fast-moving, multiple-round contagion effects, responding to systemic risk demands a different regulatory structure and a separate set of tools. This report was prepared for the Department of Finance, Government of …

Collecting New Data On Disability Health Inequities, Elizabeth Pendo

All Faculty Scholarship

Prior to the Affordable Care Act, disability was marginalized in data collection efforts, limiting our ability to understand and address significant health inequities experienced by millions of Americans. Now, for the first time, we can use these tools to collect valuable new data on the nature and extent of health inequities experienced by people with disabilities across the country.

This article argues that standardized health collection data is critical to health equity, and because of the ACA’s groundbreaking requirements for data collection of disability status and treatment of patients with disabilities, we now have the potential to identify, track, and …

Access To Capital Or Just More Blues? Issuer Decision-Making Post Sec Crowdfunding Regulation, Patricia Hureston Lee

All Faculty Scholarship

Crowdfunding is an alternative for Issuers seeking funds for their businesses. On October 2015, the Securities Exchange Commission (SEC) released final crowdfunding regulations that became effective May 20162 as a charge of the Jobs Act, Title III (the “Crowdfund Act”). Issuers can now secure crowdfunded investments without a securities registration.

This article evaluates investment-based crowdfunding from the perspective of one group that has been neglected from the crowdfunding scholarship — Issuers that seek financing under this new framework. In Section I, the author summarizes the new crowdfund regulations, which create a new financing opportunity vastly different from previous types of …

Criminals Behind The Veil: Political Philosophy And Punishment, Chad Flanders

All Faculty Scholarship

There is evidence everywhere that our criminal justice system is undergoing a crisis of practice. Increased police violence and the concomitant distrust of police in many communities, fear of aggressive enforcement tactics more generally, worries about widespread governmental surveillance and, above all, a concern with overcriminalization and mass incarceration-these are the dreary and familiar stuff of daily headlines. But, this crisis of practice in tum reflects a deeper crisis of how we theorize about criminal law. We lack, for the most part, any worked-out theory of what the policing and processing of crime should look like. Nor do we have …

Trademark Exhaustion And The Internet Of Resold Things, Yvette Joy Liebesman

All Faculty Scholarship

Over the past ten years, casual resellers have migrated from garage sales, swap meets, and classified ads to eBay and Craigslist, turning side hobbies into lucrative businesses. Today, 30 million new ads are posted on Craigslist every month, and six million new listings are posted daily on eBay.¹ The explosive online market has affected the sales of new goods, troubling manufacturers² who seek to curtail the growth of this secondary market through several avenues—some legitimate, and others not so much. For example, to combat diversion to resellers outside of its official distribution chain, Tiffany, Inc., the well-known jeweler, …

Rethinking Deference: How The History Of Church Property Disputes Calls Into Question Long-Standing First Amendment Doctrine, Eric G. Osborne, Michael D. Bush

SMU Law Review

Long-held constitutional principles state that where the factual foundation that underlies a decision is shown to have been wrong, the Supreme Court will reconsider that body of law. This article demonstrates that the foundations upon which the entire doctrine of church property law has been developed may be wrong, necessitating a reconsideration of that area of law. Watson v. Jones, 80 U.S. 679 (1871), a divisive church property dispute from Kentucky, marked the United States Supreme Court’s first entry into church property disputes. Prior to Watson, state courts had handled church property disputes according to the rules of …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

International Civil Aviation Organization Initiatives Versus Industry Initiatives: A Look At How Commercially Motivated Transactions Increase Aviation Safety, Jennifer Ann Urban

Journal of Air Law and Commerce

No abstract provided.

Un Nouveau Code Pour Une Procédure Technologique: Mémento Pour Le Pr@Ticien, Antoine Guilman

Canadian Journal of Law and Technology

Table des matières

Introduction.................................................................................................. 18

I. La transmission technologique des actes de procédure ................................. 22

(a) Le dépôt technologique des actes de procédure ................................... 23

(i) Un régime légal inédit : les dispositions du NCPC...................... 23

(ii) Un régime réglementaire inexistant : l’exemple de la Cour fédérale ...................................................................................... 26

(b) La signification technologique des actes de procédure ......................... 28

(i) Le principe : la signification de main à main .............................. 29

(ii) L’exception : la signification technologique................................. 30

(c) La notification technologique des actes de procédure..........................35

(i) La notification par un moyen technologique .............................. 35

(ii) La notification par …

Les Photos Prises Par Les Téléphones Cellulaires Sont-Elles Assez « Originales » Pour Être Protégées Par La Loi Sur Le Droit D'Auteur?, René Pépin

Canadian Journal of Law and Technology

On considérait traditionnellement que l’originalité réside dans les choix faits par le photographe au niveau de la sensibilité du film choisi, de la vitesse de l’obturateur, de la mise au foyer, de la pose du sujet photographié , etc. Mais les caméras incorporées dans les téléphones cellulaires sont si perfectionnées que la prise de photo se fait de façon presque automatique. L’appareil fait seul la mise au foyer, le flash se déclenche au besoin, la vitesse d’obturation est optimale, le cadrage se fait presque seul, etc. C’est justement le grand avantage et le grand attrait de ces appareils. L’utilisateur n’a …

Reconsidering The Remedy Of Gender Quotas, Tracy Thomas

Con Law Center Articles and Publications

When newly-elected Canadian Prime Minister Justin Trudeau was asked by surprised reporters why he appointed women as fifty percent of his new cabinet, he responded simply, “Because it’s 2015.” Just because. Because it’s time. In fact, he suggested, it is long past time for having to justify including women as one-half of the power structure when women constitute one-half of the population. And it’s time for meaningful change in shared governance by something as pragmatically simple as selecting fifteen women and fifteen men for appointments.

Similarly, it is long past time for justifying the need to reform American institutions that …

The Origins Of Constitutional Gender Equality In The Nineteenth-Century Work Of Elizabeth Cady Stanton, Tracy Thomas

Con Law Center Articles and Publications

This introduction to the symposium previews the colloquium held at the Center for Constitutional Law at Akron on the intellectual work of pioneering feminist Elizabeth Cady Stanton. It highlights the talks from scholars in law, history, and women’s studies, published in this symposium issue, that explore Stanton’s philosophical and political work for gender equality in the political, domestic, and religious spheres.

The "Radical Conscience" Of Nineteenth-Century Feminism, Tracy Thomas

Con Law Center Articles and Publications

No abstract provided.

Volume 40, No. 3

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Graeme Maitland

Digital Editor: Jessica Patrick

Editors: Marina Bruggeman, Melanie Gillis, Sarah Walsh

Is There A 'Right To Be Forgotten' In Canada's Personal Information Protection And Electronic Documents Act (Pipeda)?, Michael Rosenstock

Canadian Journal of Law and Technology

In this paper, I argue that PIPEDA could support a version of the right to be forgotten, subject to three important caveats. First, for search engines to meet the threshold applicability test under PIPEDA, their activities (i.e., crawling, indexing, organizing, etc.) must constitute the ‘‘collection, use or disclosure” of personal information. Ascribing such a role to search engines in information dissemination would likely require a court to distinguish the activities of search engines from hyperlinks on websites, which the Supreme Court in Crookes v. Newton determined did not involve control over content. Second, PIPEDA’s ‘‘all-or-nothing approach” means that if search …

The Coming Revolution In Class Action Notices: Reaching The Universe Of Claimants Through Technologies, Catherine Piché Dr

Canadian Journal of Law and Technology

New technologies, social networking sites, blogs, and other interactive online platforms are playing an increasing part of North Americans’ lives. As of June 2017, Facebook had, on average, 1.32 billion daily active users and 2.01 billion monthly active users. Generation X spends the most time on social media, with approximately seven hours per week, while Generation Y comes in second, spending a little more than six hours per week doing the same. The heaviest users are female, who spend one quarter of their time online on social media,with males correspondingly spending 19% of their time doing so. Data on average …

Marital Property, Margaret F. Brinig

Book Chapters

The International Survey of Family Law is the International Society of Family Law's annual review of developments in family law across the world.

The 2016 edition covers developments in over 20 countries written by leading academics and family law experts. Each article is accompanied by a French language abstract. The 2016 Survey contains contributions from a diverse selection of countries where there have been important developments in family law, including: Abortion in Chile, Recent Developments in Korean Adult Guardianship Law, Islamic Law Mode of Estate Distribution in South Africa, The Reform of the Swiss Law on Child Support, Marital Property …

The Ultimate High Ground—U.S. Intersector Cooperation In Outer Space, C. Brandon Halstead

Journal of Air Law and Commerce

No abstract provided.

Judicial Wisdom Or Patent Envy? The Eleventh, Seventh And Federal Circuits’ Patent Jurisdictional Battle, Xuan-Thao Nguyen

Articles

This article observes a startling new appellate jurisdictional battle waged by regional circuit courts to chip away the Federal Circuit's exclusive jurisdiction in patent cases. The Eleventh Circuit took an unprecedented step by engaging in patent claim construction and infringement under literal infringement analysis and the doctrine of equivalents analysis. In a case of first impression, the Eleventh Circuit asserted that it legitimately has appellate jurisdiction to decide cases involving substantive patent law. Instead of grabbing jurisdiction, the Seventh Circuit, through its Chief Judge, grabbed public attention by advocating for the abolishment of the Federal Circuit's exclusive jurisdiction over patent …