Law Commons^™

Diversion Not Deportation: Mitigating The Harsh Immigration Consequences Of Minor Crimes, Whitney C. Wootton

Seattle Journal for Social Justice

No abstract provided.

Amateurism Vs. Capitalism: A Practical Approach To Paying College Athletes, Dalton Thacker

Seattle Journal for Social Justice

No abstract provided.

Pov: Scotus Should Not Permit “Boycott Of Same-Sex Marriage”, Linda C. Mcclain

Faculty Scholarship

On December 5, 2017, the Supreme Court heard oral argument in Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which baker (self-described cake artist) Jack Phillips, owner of Masterpiece Cakeshop, asked the court to decide “whether applying Colorado’s public accommodations law to compel artists to create expression that violates their sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment.”

Herr V. U.S. Forest Service, Peter B. Taylor

Public Land & Resources Law Review

In Herr v. U. S. Forest Service, the Sixth Circuit ruled on whether the Forest Service could infringe on pre-existing private property rights held adjacent to a designated Wilderness Area. The Herrs purchased lakefront property adjacent to the Sylvania Wilderness in the Upper Peninsula of Michigan with the intention of using their littoral rights for recreational boating. The Sylvania Wilderness was created under the Michigan Wilderness Act in 1987, but the Act observed valid existing rights. The court found that the Herrs’ littoral rights were recognizable “valid existing rights.” Therefore, the Forest Service’s restriction of those rights was illegal.

Mays V. City Of Flint, Michigan, Nathan A. Burke

Public Land & Resources Law Review

In Mays v. City of Flint Michigan, Michigan Department of Environmental Quality employees removed a class action against them in the Michigan state court to federal court under the federal-officer removal statute. This court ruled in favor of the residents of Flint, determining that the federal officer removal statute did not give the federal court jurisdiction over a state agency simply because the agency must follow federal rules. The court held that Michigan Department of Environmental Quality employees could not have been “acting under” the federal government even though the state agency’s enforcement authority could be trumped by the …

To Be Creditor Or To Be Shareholder, That Is The Question: Is The Debt-For-Equity Swap Creditors’ Financial Suicide?, Jongho Kim

The Journal of Business, Entrepreneurship & the Law

This Article deals with debt-for-equity swap-related issues in Korean corporate restructuring procedures. Debt-for-equity swaps were widely employed during the Latin American foreign debt restructuring process, but the Korean case is slightly different. Because the creditors of reorganizing corporations are mainly Korean domestic financial institutions rather than foreign creditors, this type of financial scheme is applied under local law. The following examines the legal aspects of debt-for-equity swaps, which have been promoted as a way to eliminate excessive insolvent loans and financial debts (and stood in the way of restructuring, via IMF bail-out funds). It also discusses how a debt-for-equity swap …

Pomona City Council Comply Sb 54 Ordinance

Subfederal Government Responses

No abstract provided.

National Labor Relations Board V. Murphy Oil Usa, Inc.: A Test Of Might, Elizabeth Storey

Duke Journal of Constitutional Law & Public Policy Sidebar

National Labor Relations Board v. Murphy Oil USA pits two co-equal federal statutes head-to-head. The Federal Arbitration Act mandates that all arbitration clauses be enforced. The National Labor Relations Act grants employees the right to act collectively to bring claims against employers. The Supreme Court must decide whether arbitration clauses in employment contracts, which require employees to arbitrate work-related disputes on an individual basis, contravene the interests of the NLRA. This commentary argues that the Supreme Court should recognize how these arbitration clauses undermine and subvert the protections of the NLRA by disallowing employees to act collectively. By invoking the …

Southern States Chemical Inc., Final Order Granting Defendants' Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Faculty Masthead

Seattle Journal for Social Justice

No abstract provided.

Left Out In The Cold, Kayla Rivera

Capstones

Left Out In The Cold is a film about two mothers on the hunt to find justice after their sons were brutally murdered. Both cases are based in the Bronx, remain unsolved, and have been classified as “cold cases,” meaning they no longer have any leads.

For over three months I followed Yamilet Gambaro and Glenda Soto. They do not know each other but these women share the same pain.

Yamilet’s 17-year-old son Joshua Baez was stabbed in the heart on his way home on April 7, 2012. In October of the same year, she moved to Florida to get …

A Little Known Trade Deal Could Soon Derail America's Booming Solar Industry, Sam Donnenberg

Capstones

A trade deal has been winding its way through hearings at the International Trade Commission for months that could have major consequences for America's solar energy industry. Two solar energy companies are requesting that tariffs be applied to Chinese solar product imports. But industry analysts say this will cause the price of solar to rise and harm the industry during a period of unprecedented growth. The petition has only one stop left on its way to approval: The desk of President Trump.

https://www.alanapipe.com/sam-donnenberg/sam-donnenberg-index.html

Username: sam-donnenberg

Password: capstone

Carpenter V. United States And The Fourth Amendment: The Best Way Forward, Stephen E. Henderson

William & Mary Bill of Rights Journal

We finally have a federal ‘test case.’ In Carpenter v. United States, the Supreme Court is poised to set the direction of the Fourth Amendment in the digital age. The case squarely presents how the twentieth-century third party doctrine will fare in contemporary times, and the stakes could not be higher. This Article reviews the Carpenter case and how it fits within the greater discussion of the Fourth Amendment third party doctrine and location surveillance, and I express a hope that the Court will be both a bit ambitious and a good measure cautious.

As for ambition, the Court …

The Right To Work And The Right To Strike, Laura Weinrib

Articles

No abstract provided.

The Law Code Of Hammurabi: Transliterated And Literally Translated From Its Early Classical Arabic Language, Saad D. Abulhab

Publications and Research

This book, which includes new translations of the old Babylonian laws of Hammurabi, is the second book by the author examining, from a historical Arabic linguistic perspective, a major Akkadian document. The first book offered new translations of three tablets from a literary work, the Epic of Gilgamesh, written in a late Babylonian language. The pioneering methodology used by the author to decipher the ancient Mesopotamian texts in both documents involves the primary utilization of old etymological Arabic manuscripts written by hundreds of accomplished scholars more than a thousand years ago. Using this methodology does not only provide more accurate, …

Cardozo Law News Brief: December 15, 2017, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2017

Featured Faculty:

• Alexander A. Reinert

Campus News:

• Cardozo Law and Columbia Law to Host Colloquium on Religious Conflict

Events:

• Hanukkah Celebration for Students

Pari Passu Clauses And The Skeuomorph Problem In Contract Law, Douglas G. Baird

Articles

No abstract provided.

Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills

American Indian Law Journal

The federal government’s trust relationship with federally- recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …

The Future Of Nuclear Security: A Medical Physicist’S Perspective, Katharine E. Thomson

International Journal of Nuclear Security

Planning for the future of nuclear security is a vital and complex task, requiring cooperation and contribution from many disciplines and industries. This diversity of expertise should include the medical sector, which faces many of the same challenges as the nuclear industry: controlling access to dangerous material, creating a strong security culture, cooperating with the wider world and engaging the public.

Medical physicists, of which the author is one, oversee all aspects of small-scale radiation use. This paper discusses three key areas increasingly important to both medical and nuclear uses of radioactive materials: public engagement, prevention of nuclear and radiological …

Assessing And Enhancing Nuclear Safety And Security Culture For Small Facilities That Handle Radioactive Material, Solymosi Máté

International Journal of Nuclear Security

The use of radioactive sources is expanding all over the world and abreast the necessity of the enhancement of its safe and secure application is increasing too. In the nuclear industry, the safety and security are top priorities since decades. They share the same goal, to protect humans from the negative affect of the ionizing radiation. The human component of them is a significant factor and technical solutions can protect us so far and thus the culture for safety and security become a major focus. On the other hand, there are still some contradiction between recommendations and international guidance of …

New York's Daily Foster Care Reimbursements, Mariah Brown

Capstones

Foster parents in New York say financial support from the government to care for the state’s most vulnerable kids has lagged, impacting the care they are able to provide.

In Philadelphia – a nearby city with a significantly lower cost of living -- foster parents get more government aid than in New York. Philadelphia officials raised the city’s foster care reimbursement rates by a third this year.

New York foster families have been fighting for raises for years. And there is some hope. A coalition of foster care agencies sued the state in 2010 in federal court in Brooklyn alleging …

Refugees Of New York/ Exilio En Nueva York, Lidia Hernandez

Capstones

Refugees of New York is a multimedia series about three people who fled their countries to find a new home in New York: a Guatemalan woman, a young Russian philosopher and a Syrian journalist. New York City is known as a welcoming place for immigrants and refugee seekers. But at the same time that they do find protection, they also struggle through long legal processes that may last for years. They experience cultural shock while adjusting to their new way of life. This story focuses on the personal experiences that brought these people from different nationalities and backgrounds, and aims …

Palm Papers, Nicole Rothwell

Capstones

The Organized Crime and Corruption Reporting Project (OCCRP) came into possession of a secret dataset of property owners of the Palm Islands, the elite high-end artificial islands on the coast of Dubai.

With over 250 neighborhoods on Dubai’s waterfront, a group of journalists around the world has been investigating who these individuals are that can afford the posh and pricey real estate. While most fall into the uber-rich category, some also have corrupt to criminal backgrounds leading to questions such as if the Palm Islands are truly a real-estate paradise, or instead a refuge for the corrupt.

The task for …

Breadcrumbs: Privacy As A Privilege, Prachi Bhardwaj

Capstones

Breadcrumbs: Privacy as a Privilege Abstract

By: Prachi Bhardwaj

In 2017, the world saw more data breaches than in any year prior. The count was more than the all-time high record in 2016, which was 40 percent more than the year before that.

That’s because consumer data is incredibly valuable today. In the last three decades, data storage has gone from being stored physically to being stored almost entirely digitally, which means consumer data is more accessible and applicable to business strategies. As a result, companies are gathering data in ways previously unknown to the average consumer, and hackers are …

Urbanization, Land Rights And Development: A Case Study Of Waterfront Communities In Lagos, Nigeria., Gideon Olaniyi Omoniyi

Master's Theses

The aim of this study is to examine the root causes of forced evictions and displacement through the current urbanization process in Lagos, Nigeria. My particular attention is devoted to the legal complexities and how ethnolinguistic identities shape land laws, influence land tenure, and construct urban citizenship. Through this process, competing claims to land ownership provide fertile ground for forced evictions and displacement. Existing scholars suggest that poor urban residents lack rights to stay in their neighborhoods, while a powerful capitalist class has emerged and dispossessed the poor from their lands. Yet these existing approaches derived from the neoclassical and …

The Blurred Blue Line: Municipal Liability, Police Indemnification, And Financial Accountability In Section 1983 Litigation, Teresa E. Ravenell, Armando Brigandi

Villanova Law Review

No abstract provided.

Root Cause Analysis: A Tool To Promote Officer Safety And Reduce Officer Involved Shootings Over Time, John Hollway, Calvin Lee, Sean Smoot

Villanova Law Review

No abstract provided.

Fines: The Folly Of Conflating The Power To Fine With The Power To Tax, Mildred Wigfall Robinson

Villanova Law Review

No abstract provided.

In Police We Trust, Rachel Moran

Villanova Law Review

No abstract provided.

The Effects Of A Mandatory Body-Worn Camera Policy On Officer Perceptions Of Accountability, Oversight, And Departmental Culture, Jordan M. Hyatt, Renee J. Mitchell, Barak Ariel

Villanova Law Review

No abstract provided.