Law Commons^™

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 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, …

Title Ix In The Technological Age-Challenging Rape Culture And Myths Through Fairer Use Of Electronic Communications, Drew Simshaw

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Transgender Bathroom Rights In The Time Of Trump, Catherine Jean Archibald

Tennessee Journal of Race, Gender, & Social Justice

On May 13, 2016, the Obama Administration issued a guidance document entitled “Dear Colleague Letter on Transgender Students,” which interpreted federal law as requiring that transgender students be permitted to use bathrooms that correspond with their gender identity in schools receiving federal funding. Considerable litigation ensued. Less than a year later, on February 22, 2017, the Trump Administration rescinded this guidance document. The Trump Administration asserts that it should be up to individual states to decide what bathrooms transgender children may use in schools.

This article addresses where transgender bathroom rights stand now that Obama’s Dear Colleague Letter has been …

It's Not Complicated: Containing Criminal Law's Influence On The Title Ix Process, Margaret Drew

Tennessee Journal of Race, Gender, & Social Justice

Title IX processes that address campus sexual assault are undergoing dramatic changes in structure as well as in policy review. After receipt of the Department of Education’s 2011 “Dear Colleague” letter, colleges and universities were impelled to review how their institutions were implementing Title IX. From website information through investigation and decision-making on alleged violations, the ways in which higher education addresses federally guided changes is a matter of national conversation. This article addresses change considering campus sexual assault allegations, and does not explicitly address other forms of Title IX complaints, such as athletic funding and opportunities. This essay limits …

On The Same Team: Locker Room Talk, Student Athletes, And A Call For A Restorative Justice Approach To Sexual Assault Education, Brian A. Pappas

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Title Ix's Field Of Unrealistic Dreams: If You Build It, Will They Come?, Becky L. Jacobs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Table Of Contents, Eboni A. James

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Postmodern Social Control: Dividuals And Surveillance, Ernest M. Oleksy

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

As a society's foundational philosophy changes, so, too, will its forms of social control. By using the works of thinkers like Deleuze and Foucault as pivot points, the dynamic nature of social interactions and the agents to mediate those actions shall be investigated. This article includes findings from archival analysis written in a journalistic prose for simplicity of consumption.

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …

Alian V. Commander Of Idf Forces In The West Bank, Yoram Danziger, George Kara, Neal Hendel

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The debate revolved around whether reg. 133(3) of Defence (Emergency) Regulations, 1945 (hereinafter: the Defence Regulations) authorize the Military Commander to order temporary burial of terrorists' bodies to be held for negotiation purposes. The background for this debate was a decision by the Israeli government's Ministerial Committee on National Security Affairs (the State Security Cabinet) in the matter, establishing a general policy, while implementation …

Black Hole Apparitions, Lisa Bernstein

Duke Law Journal Online

No abstract provided.

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

Duke Law Journal Online

No abstract provided.

Subdelegating Powers, Jennifer Nou

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

It's Still Too Easy To Push Blacks, Minorities Off Of Juries, Jeffrey Bellin

Popular Media

No abstract provided.

Dep’T Of Health & Human Serv.’S V. Samantha Inc., 133 Nev. Adv. Op. 100 (Dec. 14, 2017), Sara Schreiber

Nevada Supreme Court Summaries

Under the Nevada Administrative Procedure Act (APA), the right to petition for judicial review is limited to contested cases. When Nevada’s Department of Health and Human Services (the Department) denies an applicant a registration certificate to operate a medical marijuana dispensary, it is not a contested case under the APA. Since it is not a contested case, the applicant cannot petition the court for judicial review.

Shue V. State Of Nevada, 133 Nev. Adv. Op. 99 (Dec. 14, 2017), Margaret Higgins

Nevada Supreme Court Summaries

The Nevada Supreme Court held that (1) under NRS 200.710(2), knowingly using a minor as the subject of a sexual portrayal in a performance, the proper unit of prosecution is one conviction per each distinct minor appearing as the subject of a sexual portrayal in a performance; (2) under NRS 200.730, the “simultaneous possession at one time and place of [multiple] images depicting child pornography constituted a single violation of NRS 200.730”; (3) the statute barring the “sexual portrayals” of minors are not overbroad and do not violate the First Amendment or the Due Process Clause of the United States …

The Italian Agreement Between The Government And The Regional Authorities: National Guidelines For Aai And Institutional Context, Martina Simonato, Marta De Santis, Laura Contalbrigo, Daniele Benedetti, Elisabetta Finocchi Mahne, Vincenzo Ugo Santucci, Silvio Borrello, Luca Farina

People and Animals: The International Journal of Research and Practice

Animal-assisted interventions (AAI) have developed considerably in the last half century, prompting various private and public realities dealing with AAI worldwide to work on and establish standards and best practice. However, AAI are still far from being regulated harmoniously. In this context, Italy offers a unique example at world level: here the spread of AAI has set in motion an ethical and legal reflection that led to the creation of the Italian National Reference Centre for AAI (NRC AAI) by ministerial decree in 2009 and the approval of National Guidelines for AAI in 2015. The Italian legislation on AAI is …

December 13, 2017: Good News From Alabama, Bruce Ledewitz

Hallowed Secularism

Blog post, “Good News from Alabama“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Introduction To Evidence And Innovation In Housing Law And Policy, Lee Anne Fennell, Benjamin J. Keys

Kreisman Working Paper Series in Housing Law and Policy

No abstract provided.

Cuba: Déjà Vu Or New Beginnings, Ryan Forrest, Hunter W. Phillips, Magena Rodriguez

University of Miami Business Law Review

That the United States has long had a strained relationship with Cuba is no secret to the international community. Most recently, this strain has been embodied in a commercial, economic and financial embargo that has been enforced by the United States since 1962. That said, focusing only on this limited stretch of history would ignore the greater context of American–Cuban relations. This paper takes a step back to conduct a historical analysis, examine the current state of relations, and to posit on the potential of future economic ties between the two nations. After a thorough examination, an overarching question emerges: …

Seeking To Have Banks Sing To The Same Tune: The Basel Committee Addresses Credit Risk–Weighted Assets, O. Jean Strickland

University of Miami Business Law Review

The objective of this Comment is to provide a critical assessment of the recent debate about the Basel Committee for Banking Standards’ (“BCBS”) reforms to risk–weighted assets (“RWA”) calculations used to measure credit risk and to establish international standards for bank capital requirements. After introducing the interests and objectives of both the regulators and the banking industry relative to this issue, the second part of this Comment will cover the origins of the approaches to the calculation of RWAs for regulatory capital requirement purposes. Using loans as the focus of the analysis, the third part of this Comment will examine …

Whatever Happened To Quick Look?, Edward D. Cavanagh

University of Miami Business Law Review

In California Dental Ass’n v. F.T.C. (hereafter “Cal Dental”), the Supreme Court observed that there is no sharp divide separating conduct that can be summarily condemned under section one of the Sherman Act as per se unlawful from conduct that warrants a more searching factual assessment to ascertain any anticompetitive effect and hence its legality. The Court further observed that not every antitrust claim falling outside the narrow ambit of per se illegality warrants the detailed Rule of Reason analysis prescribed in Chicago Board of Trade. The Court thereby eschewed any notion that section one analysis is …

Rethinking Article Iii Standing In Class Action Consumer Protection Cases Following Spokeo V. Robins, Joshua Scott Olin

University of Miami Business Law Review

The Supreme Court recently handed down the landmark decision of Spokeo, Inc. v. Robins, holding that a “bare procedural violation” of a federal consumer protection statute—namely, the Fair Credit Reporting Act—was not enough to satisfy Article III standing because the injury alleged was particularized but not concrete. After Spokeo, those wishing to bring suit based on consumer protection statutes will have a much more difficult time showing that the injury suffered was “concrete” enough to confer Article III standing and, as a result, the term “consumer protection” will be rendered meaningless. Unless the Supreme Court revisits the issue …

Floating On A Sea Of Funny Money: An Analysis Of Money Laundering Through Miami Real Estate And The Federal Government’S Attempt To Stop It, Gary Mcpherson

University of Miami Business Law Review

Miami is experiencing a money laundering controversy the likes of which have not been seen since the “Cocaine Cowboys” era of 1980’s Miami. Condominiums and other mega developments are popping up at an unprecedented pace, immediately after the housing market crash that caused the Great Recession. Adding to this questionable boom in development is the fact that the vast majority of Miami’s population cannot afford to live in places like these. So, the question presented is who is fueling this explosion in development? Criminals, that’s who. Federal agents believe criminals are buying coveted Miami real estate through shell companies to …

The Epipen Problem: Analyzing Unethical Drug Price Increases And The Need For Greater Government Regulation, Talal Rashid

University of Miami Business Law Review

In recent years, some pharmaceutical companies have started increasing the price of their existing drugs to exorbitant levels. Often, these drugs are medically necessary for patients, who are left to take on the high costs of the medicine. One recent example is Mylan, who raised the price of the EpiPen by four hundred percent, solely for the profit of its own company and to the detriment of consumers who rely on the EpiPen. Similar patterns of drug price increases have occurred in the past and will likely happen again in the future. This Comment will seek to identify the common …

The Value Of Cryptocurrencies: How Bitcoin Fares In The Pockets Of Federal And State Courts, Brandon M. Peck

University of Miami Business Law Review

A recent Eleventh Judicial Circuit Court of Florida decision has raised concerns over how both federal and state courts consider the unregulated cryptocurrency, Bitcoin. In State of Florida v. Michell Abner Espinoza, Judge Teresa Pooler held that Bitcoin did not fall under the statutory definitions of “payment instrument” or “monetary instrument” because virtual currency is not directly specified nor could it be included within one of the defined categories listed in Fla. Stat. § 560.103(29) or 896.101(2). Furthermore, Judge Pooler, alluding to the doctrine of lenity, refused to hold Espinoza responsible under a statute that is “so vaguely written …

The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Partisan Balance With Bite, Brian D. Feinstein, Daniel Hemel

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Reed V. Town Of Gilbert, Arizona, And The Rise Of The Anti-Classificatory First Amendment, Genevieve Lakier

Public Law and Legal Theory Working Papers

No abstract provided.