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2018

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Full-Text Articles in Law

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma Dec 2018

California Divided: The Restrictions And Vulnerabilities In Implementing Sb 54, 26 Asian Am. L.J. ___ (Forthcoming In 2019)., Nicholas Pavlovic, Jerome Ma

Immigration Law & Policy Practicum Projects

United States Immigration and Customs Enforcement (“ICE”) significantly relies on state and local personnel and resources to carry out enforcement of immigration law. California Senate Bill 54 (“SB 54”), the “California Values Act,” is California’s attempt to disentangle local law enforcement from federal civil immigration enforcement.

This Article offers an in-depth evaluation of SB 54’s mechanics; identifies vulnerabilities that exist despite SB 54 and potential means for law enforcement agencies (“LEAs”) to combat these issues; and comments on how local individual LEAs and the California Department of Corrections and Rehabilitation have chosen to exercise the discretion to comply ...


Accessing Accountability: Exploring Criminal Prosecution Of Male Guards For Sexually Assaulting Female Inmates In U.S. Prisons, Elana M. Stern Dec 2018

Accessing Accountability: Exploring Criminal Prosecution Of Male Guards For Sexually Assaulting Female Inmates In U.S. Prisons, Elana M. Stern

University of Pennsylvania Law Review

No abstract provided.


Guns, Knives, And Swords: Policing A Heavily Armed Arizona, Shawn E. Fields Dec 2018

Guns, Knives, And Swords: Policing A Heavily Armed Arizona, Shawn E. Fields

Scholarly Works

Arizona is widely recognized as the most permissive state in the country for public weapons possession. In 2010, then-Governor Jan Brewer famously removed all permitting requirements for public concealed carry of firearms, making Arizona only the third "constitutional carry " state in the nation. Also in 2010, and to much less fanfare, Arizona became the first state to prohibit local governments from enacting any regulations restricting the sale or possession of knives of any kind, including swords, maces, and other exotic blades. Today, Arizona remains the only state in the country with virtually no restrictions on the public concealed carry of ...


Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury Dec 2018

Reflections On The Christchurch Massacre: Incorporating A Critique Of Islamophobia And Twail, Cyra Akila Choudhury

Faculty Publications

On March 15, 2019 in Christchurch, New Zealand, a white supremacist entered a mosque full of worshippers and gunned down over 50 people. He was welcomed into the house of worship as Muslim immigrants and converts were about to start their Friday prayers. News of the attack spread quickly across the globe. Social media news feeds and online sources provided near-instantaneous updates. There were calls to prioritize the lives and stories of the victims and survivors. Although there were calls not to glorify or even humanize the shooter, people understandably professed interest in his writings and his motivation. Once it ...


State Of Utah, Plaintiff/Petitioner, V. Calvin Paul Stewart, Defendant/Respondent : Reply Brief, Utah Supreme Court Dec 2018

State Of Utah, Plaintiff/Petitioner, V. Calvin Paul Stewart, Defendant/Respondent : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Reply Brief of Petitioner

On Writ of Certiorari to the Utah Court of Appeals


In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF AMICUS CURIAE PARR BROWN GEE & LOVELESS, P.C.
IN SUPPORT OF PETITIONERS


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Brief Of Appellee, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Supplemental Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525


Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Reply Brief, Utah Supreme Court Dec 2018

Salt Lake County, Duchesne County, Uintah County, Washington County, And Weber County, Political Subdivisions Of The State Of Utah, Plaintiffs-Appellants, V. State Of Utah, Delta Air Lines, Inc. And Skywest Airlines, Inc., Defendants-Appellees : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

Supplemental Reply Brief of Appellee State of Utah

On appeal from the Third Judicial District Court
Judge Kara Pettit, District Court No. 170904525


A Controversial Transplant? Debate Over The Adaptation Of The Napoleonic Code On The Polish Territories In The Early 19th Century, Michał Gałędek, Anna Klimaszewska Dec 2018

A Controversial Transplant? Debate Over The Adaptation Of The Napoleonic Code On The Polish Territories In The Early 19th Century, Michał Gałędek, Anna Klimaszewska

Journal of Civil Law Studies

This article focuses on the attitude of the Polish legal elite regarding the adaptation of French civil law introduced on the Polish territories in the Duchy of Warsaw, established by Napoleon in 1807. While addressing the Polish example, it underscores the universal nature of problems engendered by legal transfer and by the social reactions to foreign solutions. It sheds light on the state of mind of Polish enlightened elites, on their approach toward new legal instruments and on the challenges of adapting them to the socioeconomic conditions of a semi-peripheral country. The Polish situation in the early 19th century provides ...


Economic Analysis Of The Interaction Between National Legal Systems: A Contribution To The Understanding Of Legal Diversity And Legal Unity, Hugues Bouthinon-Dumas Dec 2018

Economic Analysis Of The Interaction Between National Legal Systems: A Contribution To The Understanding Of Legal Diversity And Legal Unity, Hugues Bouthinon-Dumas

Journal of Civil Law Studies

Scholars increasingly use expressions such as “regulatory com-petition” or even “law market” to illustrate the new global legal system and the rivalry between national laws. This paper scrutinizes the legitimacy of the application of such economic concepts to legal systems’ interactions. An economic analysis could allow us to, more precisely, delimit the factors of convergence (leading to unity) and divergence (leading to diversity) between national legal systems due to competitive strategies (namely differentiation and alignment) and the consequences for the regulation of legal systems’ interactions.


Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants, Laura Maria Franciosi Dec 2018

Italy - The New Italian Regime For Healthcare Liability And The Role Of Clinical Practice Guidelines: A Dialogue Among Legal Formants, Laura Maria Franciosi

Journal of Civil Law Studies

No abstract provided.


Mcgraw V. City Of New Orleans, Marcus D. Sandifer Dec 2018

Mcgraw V. City Of New Orleans, Marcus D. Sandifer

Journal of Civil Law Studies

No abstract provided.


In Re: Mary Doe And Jane Doe. Petition To Allow Bar Admissions For Undocumented Immigrants, Proposed Rule 14-721, Petitioners : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe. Petition To Allow Bar Admissions For Undocumented Immigrants, Proposed Rule 14-721, Petitioners : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF IN SUPPORT OF PETITIONERS BY LATINOJUSTICE AMICI


In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court Dec 2018

In Re: Mary Doe And Jane Doe, Petitioners : Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

BRIEF OF AMICUS CURIAE UTAH LEGISLATURE

PUBLIC


Roger B. Arave And Kimberly L. Arave; Janet Southwick, Trustee; Venture Development Group, Llc, Plaintiffs And Appellees, V. Pineview West Water Company Defendant And Appellant : Brief Of Appellant, Utah Supreme Court Dec 2018

Roger B. Arave And Kimberly L. Arave; Janet Southwick, Trustee; Venture Development Group, Llc, Plaintiffs And Appellees, V. Pineview West Water Company Defendant And Appellant : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000– )

PRINCIPAL BRIEF OF APPELLANT

On appeal from the Second Judicial District Court, Weber County,
Honorable Ernie W. Jones, District Court No. 130907544

Oral Argument Requested


The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii Dec 2018

The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii

Brooklyn Journal of International Law

The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.


Rethinking Isds, George Kahale Iii Dec 2018

Rethinking Isds, George Kahale Iii

Brooklyn Journal of International Law

The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.


Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil Dec 2018

Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil

Brooklyn Journal of International Law

The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest ...


The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings Dec 2018

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to ...


Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway Dec 2018

Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway

Brooklyn Journal of International Law

The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”


Table Of Contents Dec 2018

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


The "Damned" In A Flashover State: Arson And The Use Of Scientific Methods And Expert Testimony In West Virginia, Christopher W. Maidona Dec 2018

The "Damned" In A Flashover State: Arson And The Use Of Scientific Methods And Expert Testimony In West Virginia, Christopher W. Maidona

West Virginia Law Review Online

The fire moved quickly through the house as Cameron Todd Willingham screamed for his children from the front porch. Inside the blaze were his three children. Firefighters arrived, uncoiled hoses, and aimed water at the raging fire. However, all three Willingham children died that night from smoke inhalation.

News of the December 23, 1991, tragedy spread throughout Corsicana, Texas. Meanwhile, investigators sought to determine what caused the fire. The investigators “toured the perimeter of the house, taking notes and photographs, like archeologists mapping out a ruin.” In the kitchen, they found smoke and heat damage—signs the fire had not ...


El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez Dec 2018

El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez

Contaduría Pública

Transparencia por Colombia en sus dos décadas de existencia ha realizado aportes significativos para la lucha contra la corrupción, si bien es difícil establecer la cuantía de los actos de corrupción, podemos resaltar que el papel de esta ONG ha permitido que exista mejor y mayor acceso a la información por parte de la ciudadanía y esto se evidencia en el aumento de denuncias y en rechazos a través de las redes sociales y otros medios de comunicación a los actos de corrupción .En el presente artículo se describen algunos de los programas que esta entidad ha venido desarrollando en ...


The State Of Louisiana And The Vermilion Parish School Board V. Louisiana Land And Exploration Company, Kadence Haskett Dec 2018

The State Of Louisiana And The Vermilion Parish School Board V. Louisiana Land And Exploration Company, Kadence Haskett

Journal of Civil Law Studies

No abstract provided.


Cover, Masthead & Contents Dec 2018

Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.


Introductory Essay To The Translation Of The Discourso Preliminar Of Pérez Y López’S Teatro, John W. Cairns Dec 2018

Introductory Essay To The Translation Of The Discourso Preliminar Of Pérez Y López’S Teatro, John W. Cairns

Journal of Civil Law Studies

No abstract provided.


Complete V.11 No.2 Dec 2018

Complete V.11 No.2

Journal of Civil Law Studies

No abstract provided.


Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld Dec 2018

Data Ownership—A Property Rights Approach From A European Perspective, Andreas Boerding, Nicolai Culik, Christian Doepke, Thomas Hoeren, Tim Juelicher, Charlotte Roettgen, Max V. Schoenfeld

Journal of Civil Law Studies

Data has become one of the most important resources in post-modern information society. However, European civil law does not reflect this development adequately. In fact, so far, European civil law seems to struggle with handling data as a legal entity. Against this background, the article provides a transnational overview and a comprehensive analysis of the legal situation in Europe. It discusses why data ownership is widely perceived as a problem on this side of the Atlantic and how this perception can be overcome by a fundamental property law approach. Taking into account economic realities, we argue that European property law ...


Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley Dec 2018

Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley

Journal of Civil Law Studies

No abstract provided.


Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian Dec 2018

Alchemistic Metaphors In Comparative Law: Mixed Legal Systems, Reception Of Laws And Legal Transplants, Andreas Rahmatian

Journal of Civil Law Studies

The terms “mixed legal systems” and “legal transplants” are used frequently in comparative law. What they denote exactly, is difficult to ascertain: what does the mixité consist of, what are its ingredients or building blocks; which types of mixité exist, how are legal transplants transformed in the receiving legal system? Comparative lawyers often resort to metaphors when they try to describe and explain these complex phenomena: metaphors from cooking, music, horticulture or biology. Whenever there are mixtures, trans-formations, or transmutations, metaphors from the philosophical concepts of alchemy are at least equally illuminating. This article discusses the different problems of conceptualising ...